Terms of Use
These terms are an agreement between you and Ben Smith-d’Agincourt, an individual (sole proprietor) doing business as Backyard Designer (“we”, “us”) for the Backyard Designer app (“the app”). By using the app you agree to them. Apple’s standard Licensed Application End User License Agreement also applies.
What the app does
You give the app a photo of an outdoor space and a few choices; it uses AI to generate an image showing how that space could look, and lets you ask questions about the result. The designs are illustrations, not plans. They may be inaccurate, may show things that are impractical or impossible, and are not professional, structural, horticultural, safety or legal advice. Check with a qualified professional before building anything.
Your account
You can use the app without an account for a first design. Saving designs, continuing conversations and buying credits require Sign in with Apple. You are responsible for activity under your account.
Subscriptions
- Plans, prices and any introductory offer are shown in the app before you buy. Payment is taken by Apple through your Apple ID.
- Subscriptions renew automatically at the price shown until cancelled. Cancel at least 24 hours before the end of the current period to avoid being charged for the next one.
- Manage or cancel in the app (Settings → Manage or cancel subscription) or in your Apple ID settings. Deleting the app or your data does not cancel a subscription.
- Refunds are handled by Apple under Apple’s policies; we cannot issue them ourselves.
Credits
- Generations and assistant questions cost credits. The cost of each is shown in the app and may change for future purchases.
- A subscription grants a credit allowance that refreshes each plan period. At the end of a period, half of any unused allowance carries into the next period and the rest expires.
- Top-up credit packs are available to subscribers and do not expire while your account exists.
- If a generation fails on our side, the credits for it are not taken.
- Credits have no cash value, cannot be transferred or exchanged for money, and are lost if you delete your account.
Your content
You keep ownership of the photos you provide. You give us permission to store and process them, and to send them to our AI providers, solely to provide the service to you. You must have the right to use any photo you upload. Do not upload images of people without their consent, or content that is illegal or that infringes someone else’s rights.
You may use the designs the app generates for your own personal, non-commercial purposes. AI-generated images may resemble other images and may not be protectable by copyright in your jurisdiction.
Acceptable use
Do not attempt to access other people’s data, interfere with the service, circumvent limits or payment, reverse-engineer the app, or use it to generate content that is unlawful, harmful or abusive. We may suspend accounts that do.
Availability and changes
The app depends on third-party AI providers and may be unavailable, slow, or change behaviour without notice. We may change features, prices for future purchases, or these terms; material changes will be shown in the app. Continued use after a change means you accept it.
Disclaimer and liability
The app is provided “as is”. To the fullest extent permitted by law, we disclaim all warranties and are not liable for indirect or consequential loss, or for any decision you make based on a generated design. Nothing in these terms limits rights you have as a consumer that cannot be limited by law.
Governing law
These terms are governed by the laws of the State of New York, United States.
Contact
Ben Smith-d’Agincourt · bsmithdagincourt@gmail.com