Participant Terms of Use

1. Eligibility and Accounts

• You must be at least 15 years old to create an account.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
• You must provide accurate, current information when creating your account and keep it up to date.
• We may suspend or terminate accounts that violate these Terms, at our discretion, as described in Section 11.

2. Description of the Service

HeartYourYard allows members to share photographs of their gardens and plants, identify plants, follow planting schedules and regional growing guidance, and connect with other members, and to buy and sell plants and related items through Bazaar, our marketplace feature. HeartYourYard uses artificial intelligence to analyze member-submitted plant photographs as part of the Service.

3. AI-Generated Content and Disclaimers

3.1 AI-Generated Content Disclaimer

HeartYourYard uses artificial intelligence to analyze plant photographs and provide identification, care, or matching suggestions. AI-generated results may be inaccurate or incomplete. This information is provided for general informational purposes only and should not be relied upon as a substitute for professional horticultural, agricultural, or safety advice. You should independently verify plant identification before taking any action based on it — including but not limited to consumption, medicinal use, handling, or treatment with chemicals.

3.2 Toxicity and Edibility Disclaimer

HeartYourYard and its AI features do not provide, and should not be interpreted as providing, guidance on whether a plant is safe to eat, touch, or use medicinally. Misidentification of toxic or hazardous plants can cause serious injury or death. Never rely on this Service to determine whether a plant is safe for consumption or contact. Consult a qualified professional (e.g., a poison control center, physician, or licensed horticulturist) before consuming or using any plant.

3.3 Location Accuracy Disclaimer

Approximate location data shown or used within the Service (for matching, listings, or shipping eligibility) may be imprecise and should not be relied upon for safety-critical, legal, or navigational purposes.

3.4 General “As-Is” Disclaimer

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee the Service will be uninterrupted, secure, or error-free.

4. User Content and License

“User Content” means photographs, listings, messages, and any other content you submit to the Service.

By uploading photographs or other content, you grant HeartYourYard a non-exclusive, worldwide, royalty-free license to use, reproduce, and process that content for purposes of operating the Service, including transmitting it to third-party AI providers as described in our Privacy Notice.

You represent that you own or have the necessary rights to any User Content you submit, and that it does not infringe any third party’s rights.

7. Intellectual Property

• The HeartYourYard name, logo, and platform are owned by Heart Your Yard LLC and may not be used without permission.
• You may not copy, modify, reverse-engineer, or create derivative works of the Service.
• Nothing in these Terms transfers ownership of our intellectual property to you.

8. Dispute Resolution Between Users

HeartYourYard is not responsible for resolving disputes between buyers and sellers. We encourage users to resolve disputes directly.

[Any mediation, refund-assistance, or reporting process offered beyond the order cancellation described in the purchase terms, to be decided and described here]

9. Limitation of Liability

To the maximum extent permitted by law, HeartYourYard’s total liability for any claim arising from your use of the Service shall not exceed the greater of $100 or the fees paid by you in the preceding 12 months. In no event shall HeartYourYard be liable for indirect, incidental, special, or consequential damages.

10. Indemnification

You agree to indemnify and hold harmless HeartYourYard, its officers, and employees from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of any applicable law — including, without limitation, laws governing the sale or shipment of plants.

11. Termination

• We may suspend or terminate your account at any time for violation of these Terms, illegal activity, or at our discretion, with or without notice.
• You may close your account at any time; [what happens to in-progress transactions, listings, and data on closure, to be decided].

12. Modifications to These Terms

We may update these Terms from time to time. We will post the updated version. Continued use of the Service after changes constitutes acceptance of the revised Terms.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. Any dispute arising from these Terms shall be resolved [in the courts of a named place, or through binding arbitration — to be decided with counsel, including whether to add a class-action waiver], except where prohibited by applicable consumer protection law.

14. Miscellaneous

• Severability: if any provision of these Terms is found unenforceable, the remaining provisions remain in effect.
• Entire agreement: these Terms, together with the Privacy Notice and Prohibited Species & Shipping Policy, constitute the entire agreement between you and HeartYourYard.
• No waiver: our failure to enforce a provision is not a waiver of our right to do so later.
• Notices: we may provide notices to you via email or through the Service.

15. Contact Us

Heart Your Yard LLC
3520 66th Avenue N., Pinellas Park, FL 33781
legal@heartyouryard.com

You can also send us a message from our contact page.