Terms of Service

1. Acceptance of these Terms

These Terms of Service ("Terms") form a binding legal agreement between you and Backyard LLC, a Washington limited liability company ("Backyard", "we", "us", or "our"), governing your access to and use of the Backyard mobile application, the website at thebackyardapp.com, and any related services we provide (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

We may update these Terms from time to time. Material changes will be communicated through the Service or via the email address on your account at least 14 days before they take effect. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

2. Eligibility and Age Requirement

The Service is intended for adults of legal drinking age in their jurisdiction. Specifically:

• In the United States, you must be at least 21 years of age to access or use the Service.
• In other jurisdictions where the legal drinking age is 18 or 19, you must be at least the legal drinking age in your jurisdiction.
• The Service is not offered in jurisdictions where alcohol is prohibited or where promoting alcohol-related apps is illegal, including but not limited to: Saudi Arabia, the United Arab Emirates, Iran, Pakistan, Bangladesh, Brunei, Kuwait, and Libya.

By using the Service, you represent and warrant that:

• You meet the age requirement above.
• You have the legal capacity to enter into these Terms.
• You will not allow any person under the applicable legal drinking age to use your account or access the Service through your device.

We may verify your age at any time. We reserve the right to suspend or terminate any account we reasonably believe is held by a user who does not meet the eligibility requirements, without notice.

3. Account Registration

To use most features, you must create an account. When you create an account, you agree to:

• Provide accurate, current, and complete information.
• Maintain the security of your password and account credentials.
• Notify us immediately at support@thebackyardapp.com of any unauthorized access to your account.
• Take responsibility for all activity that occurs under your account, whether or not authorized by you.

You may sign in using a magic link sent to your email address, your Apple ID via Sign in with Apple, or your Google account via Sign in with Google. By using third-party sign-in, you authorize us to receive the information described in our Privacy Policy from that provider.

4. ALCOHOL — RESPONSIBLE USE, ASSUMPTION OF RISK, AND DISCLAIMERS

This section is critical. Read it carefully.

4.1 The Service is descriptive, not prescriptive

The Service allows you to track statistics for backyard and party games, some of which are commonly played with alcoholic beverages (for example, beer pong, beer die, flip cup). The Service records what you and your friends choose to do; it does not advise you to drink, recommend any quantity of alcohol, or encourage excessive consumption.

Statistics, leaderboards, achievements, scoring records, and similar features track historical activity. They are not suggestions, prescriptions, or recommendations regarding your or anyone else's consumption.

4.2 You are solely responsible for your decisions

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR OWN DECISIONS ABOUT ALCOHOL CONSUMPTION, INCLUDING WHETHER, WHEN, HOW MUCH, AND IN WHAT CIRCUMSTANCES YOU CONSUME ALCOHOL. The Service is a tool you choose to use; the decisions you make while using it are yours.

4.3 Do not drink and drive

NEVER DRINK AND OPERATE A MOTOR VEHICLE, BOAT, AIRCRAFT, OR OTHER EQUIPMENT. Do not use the Service to determine whether you are safe to drive or perform any task requiring sobriety. The Service has no ability to measure blood alcohol content (BAC) or impairment and makes no representations about your fitness to operate any vehicle or equipment.

If you are impaired, call a ride share, taxi, friend, or another sober person. In the United States, you can also call the SAMHSA helpline at 1-800-662-4357 (24/7, free, confidential) for support with substance-use concerns.

4.4 No medical or health advice

The Service is not a medical device, health monitoring system, or substitute for professional medical advice, diagnosis, or treatment. Backyard is not a licensed medical care provider. Nothing in the Service should be construed as health, medical, or therapeutic advice. Always seek the advice of a qualified healthcare provider with any questions you have regarding alcohol use or a medical condition.

4.5 Assumption of risk

You acknowledge that participating in social drinking activities of any kind carries inherent and significant risks, including (without limitation) intoxication, impaired judgment, falls, physical injury, alcohol poisoning, addiction, dependency, motor vehicle accidents, and death. You voluntarily assume all such risks, known and unknown, in connection with your use of the Service.

4.6 No social-host or dram-shop relationship

You acknowledge and agree that:

• Backyard does not serve, supply, sell, or otherwise provide alcoholic beverages.
• Backyard does not host, organize, sponsor, or supervise any gathering, party, or event at which alcohol is consumed.
• The Service does not establish, and is not intended to establish, any "social host," "dram shop," "commercial server," "innkeeper," or similar relationship between Backyard and you, your guests, or any third party.
• You alone are responsible for hosting any gathering, including preventing service to minors, monitoring guest impairment, and preventing impaired guests from driving.

4.7 Compliance with law

You agree to use the Service only in compliance with all applicable federal, state, and local laws regarding alcohol, including but not limited to age restrictions, public-consumption rules, and laws against serving minors.

5. Acceptable Use

You agree NOT to use the Service to:

• Violate any law, regulation, or third-party right.
• Provide false information about your identity or age.
• Allow a person under the applicable legal drinking age to use your account or the Service.
• Harass, abuse, threaten, defame, or otherwise infringe on the rights of others.
• Upload or share content that is unlawful, hateful, defamatory, obscene, pornographic, or otherwise objectionable.
• Encourage anyone (especially minors or people who appear impaired) to consume alcohol against their will or beyond their limits.
• Promote, glorify, or facilitate alcohol abuse, drunk driving, drug use, self-harm, or any illegal activity.
• Use the Service to organize underage drinking, dangerous drinking games (for example, those involving high-proof liquor consumed rapidly or in dangerous quantities), or any activity that endangers life or health.
• Reverse engineer, decompile, scrape, or otherwise attempt to extract source code or data from the Service.
• Interfere with or disrupt the integrity, security, or performance of the Service.
• Use the Service for any commercial purpose without our express written consent.

We reserve the right to investigate and take action against any user who violates this section, including suspension, termination, notification of law enforcement, and pursuit of civil or criminal remedies.

6. User-Generated Content

The Service allows you to submit content, including but not limited to group names, usernames, match metadata, comments, statistics, and similar inputs ("User Content").

You retain ownership of your User Content. By submitting User Content, you grant Backyard a worldwide, non-exclusive, royalty-free, fully sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display the User Content in connection with the Service.

You represent and warrant that:

• You own or have all necessary rights to your User Content.
• Your User Content does not violate these Terms or any law.
• Your User Content does not infringe any third-party rights.

We may remove User Content at any time, for any reason, without notice. We have no obligation to monitor User Content but reserve the right to do so.

7. Intellectual Property

The Service, including all software, design, text, graphics, logos, icons, and content (other than User Content), is owned by Backyard or its licensors and is protected by U.S. and international intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

The "Backyard" name and logo are trademarks of Backyard LLC. Other trademarks displayed on the Service are the property of their respective owners.

8. Privacy

Our collection and use of personal information is described in our Privacy Policy, available at thebackyardapp.com/privacy, which is incorporated by reference into these Terms.

9. Third-Party Services and Affiliate Links

The Service may include links to third-party websites, products, or services (for example, links to Amazon for game equipment via the Amazon Associates program). We are not responsible for the content, products, or services of any third party.

When you click on an affiliate link and make a qualifying purchase, Backyard may earn a commission at no additional cost to you, as disclosed adjacent to the link. As an Amazon Associate, we earn from qualifying purchases.

10. In-App Purchases and Subscriptions

The Service may offer optional paid features through in-app purchases or subscriptions. Payment is processed by Apple App Store, Google Play, or another authorized payment processor. The processor's terms apply to the transaction.

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the renewal date. You can manage and cancel subscriptions through your App Store or Play Store account settings.

Except as required by applicable law (including the right of withdrawal in certain jurisdictions), all sales are final and we do not offer refunds for unused portions of a subscription.

11. Service Availability

We work to keep the Service available, but we do not guarantee uninterrupted, timely, secure, or error-free operation. The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue any part of the Service at any time, with or without notice.

12. Account Termination

You may delete your account at any time using the "Delete Account" option in the Service. Deletion anonymizes your public profile (your display name becomes "Deleted Player") and removes your personal data in accordance with our Privacy Policy. Match records that involve other participants are retained in anonymized form so co-participants' stats remain intact.

We may suspend or terminate your access to the Service at any time, for any reason, with or without notice, including (without limitation) if we believe you have violated these Terms.

13. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BACKYARD DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BACKYARD, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, exemplary, consequential, or punitive damages.
• Any loss of profits, revenue, data, business, or goodwill.
• Any personal injury, property damage, or death arising from or related to alcohol consumption, drinking games, or any activity facilitated, tracked, or implied by the Service.
• Any damages arising from your reliance on the Service in making decisions about alcohol consumption, driving, or any other activity.

OUR AGGREGATE LIABILITY UNDER THESE TERMS, FOR ANY CAUSE OF ACTION, WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

The limitations above apply regardless of the legal theory (contract, tort, negligence, strict liability, or otherwise) and even if Backyard has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

15. Indemnification

You agree to defend, indemnify, and hold harmless Backyard and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the Service.
• Your User Content.
• Your violation of these Terms or any applicable law.
• Your decisions regarding alcohol consumption, hosting, or supervision of any gathering.
• Any harm, injury, or damage you cause to yourself or any third party in connection with activities tracked or facilitated by the Service.

16. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

16.1 Informal resolution

Before filing any formal dispute, you agree to first contact us at support@thebackyardapp.com and attempt to resolve the dispute informally for at least 60 days.

16.2 Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute"), that cannot be resolved through informal resolution, will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be held in King County, Washington, or another mutually agreed location, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

16.3 Class action waiver

YOU AND BACKYARD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of representative proceeding.

16.4 Exceptions

Notwithstanding the above, either party may bring an individual claim in small-claims court if it qualifies under that court's rules. Either party may also seek injunctive or equitable relief in court to protect intellectual property rights.

16.5 Opt-out

You may opt out of the arbitration and class waiver provisions of this Section 16 by emailing legal@thebackyardapp.com within 30 days of first accepting these Terms with your name, account email, and a statement that you wish to opt out. Opting out will not affect any other provisions.

17. Governing Law and Jurisdiction

These Terms and any Dispute arising out of or related to them or the Service are governed by the laws of the State of Washington, without regard to its conflict-of-laws principles. For any Dispute not subject to arbitration, you and Backyard consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington.

18. DMCA / Copyright Complaints

If you believe content on the Service infringes your copyright, send a notice complying with the Digital Millennium Copyright Act (DMCA) to our designated agent at legal@thebackyardapp.com. Notices must include the information required by 17 U.S.C. § 512(c)(3): identification of the copyrighted work, identification of the allegedly infringing material and its location, your contact information, a good-faith statement, a statement under penalty of perjury that the information is accurate and that you are authorized to act, and your physical or electronic signature.

19. Severability; Waiver; Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver of that provision or our right to enforce it later. These Terms (together with the Privacy Policy and any other agreements expressly referenced) constitute the entire agreement between you and Backyard regarding the Service.

20. Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent.

21. Contact

Questions about these Terms?

Backyard LLC Email: legal@thebackyardapp.com (legal matters) or support@thebackyardapp.com (general support) Website: thebackyardapp.com