TERMS OF SERVICE
These Terms of Service ("Terms") govern access to and use of the YardOps websites, applications, software, and related services (collectively, the "Services").
The Services are operated by YardOps, LLC, a South Carolina limited liability company ("YardOps," "we," "us," or "our").
By creating an account, accessing or using the Services, clicking to accept these Terms, or entering into an order or subscription that references these Terms, you agree to be bound by them.
If you are using YardOps on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that case, "Customer" and "you" include that organization.
If you do not agree to these Terms, do not use the Services.
1. BUSINESS USE AND ELIGIBILITY
YardOps is intended primarily for business and organizational use.
You must be at least 18 years old and legally capable of entering into a binding agreement to use the Services.
If you use YardOps on behalf of an organization, you are responsible for complying with that organization's policies and authorization requirements.
2. CUSTOMER ACCOUNTS
Customers may permit authorized users to access their YardOps organization.
Customers are responsible for:
- selecting appropriate authorized users
- assigning appropriate user roles and permissions
- maintaining accurate account information
- protecting account credentials
- controlling access to devices used with YardOps
- promptly disabling access for users who are no longer authorized
- notifying YardOps of suspected unauthorized access or security incidents involving their accounts
You may not share credentials in a manner that defeats account security or access controls.
You are responsible for activity occurring through your account to the extent permitted by applicable law.
3. LICENSE TO USE YARDOPS
Subject to these Terms and any applicable Order Form, YardOps grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the applicable subscription or authorized-use period to access and use the Services for Customer's internal business operations.
This right does not transfer ownership of the YardOps software or technology.
Except where applicable law prohibits the restriction, you may not:
- copy or reproduce the Services except as expressly permitted
- sell, lease, sublicense, or commercially redistribute access to YardOps
- reverse engineer, decompile, or attempt to derive source code from the Services
- bypass authentication, security, usage, or access controls
- access the Services to build or assist in building a competing product using non-public YardOps technology
- use automated means to interfere with or excessively burden the Services
- remove proprietary notices
- use the Services in violation of applicable law
4. CUSTOMER CONTENT AND DATA
"Customer Content" means information, records, files, photos, notes, asset data, location information, dealer or customer information, and other materials that Customer or its authorized users submit to or generate through YardOps.
As between YardOps and Customer, Customer retains ownership of Customer Content.
Customer grants YardOps a limited right to host, copy, process, transmit, display, and otherwise use Customer Content only as reasonably necessary to:
- provide the Services
- maintain and secure the Services
- provide support
- comply with Customer instructions
- improve functionality using aggregated or de-identified information
- comply with applicable law
YardOps does not obtain ownership of Customer Content merely because it is stored in the Services.
Customer represents and warrants that it has the rights, permissions, and lawful authority necessary to submit and process Customer Content through YardOps.
5. ASSET AND LOCATION INFORMATION
YardOps provides tools for recording and managing information concerning physical assets, including asset identity, yard assignment, scan activity, and device-provided location information.
Customer acknowledges that:
- location accuracy may vary depending on device hardware, browser permissions, network conditions, GPS availability, user behavior, and other factors outside YardOps' control
- YardOps is not a continuous telematics or GPS tracking service unless expressly stated otherwise
- QR codes, labels, device cameras, and location permissions must be properly used for certain features to function
- Customer is responsible for verifying information when operational or safety decisions require independent confirmation
YardOps should not be relied upon as an emergency-location service or life-safety system.
6. CUSTOMER RESPONSIBILITIES
Customer is responsible for:
- determining what information should be entered into YardOps
- ensuring that Customer Content is accurate and lawful
- obtaining appropriate permissions from employees, contractors, customers, dealers, and other individuals where required
- complying with applicable privacy, employment, surveillance, transportation, property, and other laws relevant to Customer's use of the Services
- maintaining appropriate backup or export practices for information that is critical to Customer's operations
- using the Services in accordance with these Terms and applicable documentation
Unless YardOps expressly agrees otherwise in writing, Customer should not store highly sensitive personal information in YardOps, including:
- Social Security numbers
- financial-account credentials
- complete payment-card information
- medical or health records
- biometric identifiers
- government authentication credentials
7. ACCEPTABLE USE
You may not use YardOps to:
- violate applicable law
- infringe intellectual-property, privacy, publicity, or other rights
- upload malware or malicious code
- attempt unauthorized access to systems or accounts
- interfere with the integrity, availability, or security of the Services
- send spam or abusive communications
- impersonate another person or organization deceptively
- use YardOps to secretly or unlawfully surveil individuals
- collect or process personal information without appropriate authority
- perform security testing against the Services without written authorization
- use the Services for fraudulent, harmful, or deceptive activity
We may investigate suspected violations and may restrict or suspend access where reasonably necessary to protect the Services, our customers, or others.
8. SUBSCRIPTIONS, FEES, AND ORDER FORMS
Certain YardOps Services may require a paid subscription.
Specific commercial terms may be stated in:
- an Order Form
- subscription confirmation
- proposal
- invoice
- checkout page
- written customer agreement
Such terms may include:
- subscription price
- permitted asset count
- number of users or locations
- billing frequency
- subscription duration
- renewal terms
- implementation or onboarding fees
- hardware or label costs
- support terms
- other account-specific conditions
Customer agrees to pay all applicable fees according to the applicable commercial agreement.
Unless otherwise stated in an applicable Order Form or required by law, fees that have already been billed are non-refundable.
Customer is responsible for applicable taxes other than taxes based on YardOps' net income.
If an Order Form or other signed agreement conflicts with these Terms, the signed agreement controls to the extent of the conflict.
9. TRIALS, PILOTS, AND BETA FEATURES
YardOps may offer free trials, pilot programs, evaluation access, beta functionality, or pre-release features.
Such features may:
- change
- contain errors
- be incomplete
- be modified or discontinued
- have limited support
Unless otherwise agreed in writing, trial, pilot, beta, and pre-release features are provided for evaluation and without any commitment that they will become generally available.
10. SERVICE AVAILABILITY AND CHANGES
We work to provide a reliable service, but YardOps does not guarantee uninterrupted or error-free availability unless a separate written agreement expressly provides a service-level commitment.
The Services may occasionally be unavailable due to:
- maintenance
- upgrades
- security actions
- third-party infrastructure problems
- Internet or network failures
- emergencies
- events outside our reasonable control
We may modify, improve, replace, or discontinue features as the product evolves.
We will use reasonable efforts to avoid materially impairing paid Services during an active subscription without appropriate notice, except where immediate action is reasonably necessary for security, legal, or technical reasons.
11. THIRD-PARTY SERVICES
YardOps relies on or may interact with third-party services such as:
- hosting providers
- cloud infrastructure
- database and authentication providers
- email-delivery providers
- mapping and geocoding services
- business communications platforms
Third-party services are governed by their own applicable terms and policies.
YardOps is not responsible for outages, changes, acts, or omissions of third-party services outside our reasonable control.
12. INTELLECTUAL PROPERTY
The Services, including the YardOps software, design, interface, source code, object code, documentation, trademarks, logos, graphics, and other proprietary technology, are owned by YardOps, LLC or its licensors and are protected by applicable intellectual-property laws.
Except for the limited rights expressly granted in these Terms, no rights in the Services are transferred to Customer.
"YardOps," the YardOps logo, and associated branding may not be used in a manner that implies sponsorship, endorsement, or affiliation without permission.
No registration status is implied by these Terms.
13. FEEDBACK
If you provide suggestions, ideas, feature requests, or other feedback concerning YardOps, you grant YardOps, LLC a worldwide, perpetual, irrevocable, royalty-free right to use, modify, incorporate, commercialize, and otherwise use that feedback without obligation to you.
This provision does not transfer ownership of Customer Content.
14. CONFIDENTIALITY
Each party may receive non-public information from the other that reasonably should be understood to be confidential.
The receiving party will:
- use confidential information only for purposes related to the Services or applicable business relationship
- use reasonable measures to protect it
- disclose it only to personnel, contractors, advisors, or service providers who have a legitimate need to know and appropriate confidentiality obligations
Confidential information does not include information that:
- becomes publicly available without breach of obligation
- was lawfully known without restriction before disclosure
- is received lawfully from another source without confidentiality duty
- is independently developed without use of the other party's confidential information
A party may disclose confidential information where required by law, subject to legally permitted notice where appropriate.
15. PRIVACY
Our Privacy Policy explains how YardOps handles personal information in connection with the Services.
Customers are responsible for their own compliance obligations concerning personal information they collect or submit to YardOps.
Where additional data-processing terms are required by applicable law or a customer agreement, the parties may enter into an appropriate data-processing agreement.
16. SECURITY
We maintain reasonable measures designed to protect the Services and information processed through them.
No software or Internet service can be guaranteed to be completely secure.
Customer is responsible for:
- protecting credentials
- securing devices
- assigning appropriate user access
- notifying YardOps promptly of suspected unauthorized access
If you discover a security vulnerability affecting YardOps, contact us rather than publicly exploiting or disclosing it.
17. SUSPENSION AND TERMINATION
We may suspend or restrict access to the Services if reasonably necessary because of:
- material breach of these Terms
- non-payment
- suspected fraud or abuse
- security risk
- unlawful activity
- threat to the Services or other users
- legal requirement
Where reasonably practicable, we will provide notice and an opportunity to cure before suspending a paid customer for a remediable breach.
Customer may discontinue use of the Services at any time, subject to any applicable subscription or Order Form obligations.
Upon termination or expiration, Customer's right to access the Services may end.
Customer is responsible for exporting information it wishes to retain before access ends where export functionality is available.
Subject to applicable law, contractual obligations, backup practices, and legitimate retention requirements, we may delete Customer Content after termination.
Provisions that by their nature should survive termination will survive, including provisions concerning ownership, confidentiality, payment obligations, disclaimers, liability, and dispute terms.
18. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED IN A SEPARATE WRITTEN AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
YARDOPS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
- ALL DATA WILL ALWAYS BE AVAILABLE OR RECOVERABLE
- LOCATION INFORMATION WILL ALWAYS BE PRECISE
- EVERY QR CODE OR DEVICE WILL FUNCTION IN EVERY ENVIRONMENT
- THE SERVICES WILL MEET EVERY CUSTOMER'S PARTICULAR OPERATIONAL REQUIREMENT
Nothing in these Terms excludes warranties that cannot lawfully be excluded.
19. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDOPS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO YARDOPS FOR THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IF CUSTOMER HAS NOT PAID YARDOPS FOR THE SERVICES, YARDOPS' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
The limitations above do not apply to liability that cannot lawfully be limited.
20. INDEMNIFICATION
To the extent permitted by law, Customer will defend, indemnify, and hold harmless YardOps, LLC and its officers, members, employees, and agents from third-party claims, damages, liabilities, costs, and reasonable expenses arising from:
- Customer Content
- Customer's unlawful use of the Services
- Customer's violation of these Terms
- Customer's violation of a third party's rights
- Customer's failure to obtain legally required permissions for information submitted to the Services
YardOps will provide reasonable notice of an indemnified claim and reasonable cooperation at Customer's expense.
21. FORCE MAJEURE
Neither party will be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, war, terrorism, labor disputes, utility failures, Internet or telecommunications outages, governmental actions, epidemics, or failures of third-party infrastructure beyond reasonable control.
This section does not excuse Customer's obligation to pay amounts already due.
22. ELECTRONIC COMMUNICATIONS
You agree that we may provide notices and communications electronically, including through:
- the Services
- the YardOps website
You are responsible for maintaining a current email address associated with your account.
23. GOVERNING LAW
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict-of-law principles.
Unless a separate written agreement states otherwise, disputes arising out of or relating to these Terms or the Services will be brought in a court of competent jurisdiction in South Carolina, and the parties consent to personal jurisdiction there.
24. CHANGES TO THESE TERMS
We may update these Terms as YardOps evolves or as legal, operational, or technical requirements change.
When we update them, we will revise the "Last Updated" date.
For material changes, we may provide additional notice through the Services, website, or email.
Changes will apply prospectively from their effective date.
A separate signed Order Form or customer agreement will continue to control to the extent it conflicts with these Terms.
25. ASSIGNMENT
Customer may not assign these Terms or a subscription without YardOps' prior written consent, except where applicable law requires otherwise.
YardOps may assign these Terms in connection with a merger, acquisition, reorganization, sale of substantially all related assets, or similar business transaction.
26. WAIVER AND SEVERABILITY
Failure to enforce a provision of these Terms is not a waiver of that provision.
If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable where permitted, and the remaining provisions will remain in effect.
27. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE
These Terms, the Privacy Policy, and any applicable Order Form or separate signed customer agreement constitute the agreement governing the applicable Services.
If there is a conflict:
- a separately signed customer agreement or Order Form controls first
- these Terms control next
- other referenced policies or documentation control afterward
only to the extent of the conflict.
28. CONTACT
YardOps is operated by:
YardOps, LLC
South Carolina, United States
General inquiries:
Customer support: