ConductDraft

Acceptable Use Policy

⚠️ DRAFT — FOR INTERNAL REVIEW ONLY. NOT LEGAL ADVICE. This document was generated as a starting point and MUST be reviewed, completed, and approved by a licensed attorney before it is published or relied upon. Bracketed [PLACEHOLDERS] mark information that must be supplied or decisions that must be made.

Yardly Acceptable Use Policy

Operated by [LEGAL ENTITY NAME], a [ENTITY TYPE] ("Yardly," "we," "us," or "our")

Effective Date: [EFFECTIVE DATE] Last Updated: [EFFECTIVE DATE]

1. Introduction and Purpose

Yardly operates an on-demand, on-line marketplace platform (the "Platform") that connects homeowners and other property owners or occupants seeking lawn-care and related outdoor services ("Homeowners") with independent lawn-care contractors who offer those services ("Providers"). Yardly is a technology platform and marketplace only; Yardly does not itself perform lawn-care or any other physical services, and Providers are independent contractors, not employees or agents of Yardly.

This Acceptable Use Policy (this "Policy" or "AUP") describes conduct that is prohibited when accessing or using the Platform, including the Yardly mobile application, websites, and related services (collectively, the "Services"). This Policy applies to all users of the Services, including Homeowners and Providers (each, a "User," and collectively, "Users").

This Policy is incorporated by reference into, and forms a part of, the Yardly [TERMS OF SERVICE / USER AGREEMENT TITLE] (the "Terms"). Capitalized terms not defined in this Policy have the meanings given to them in the Terms. If there is any conflict between this Policy and the Terms, the Terms control unless this Policy expressly states otherwise.

Plain-language summary: Use Yardly honestly, lawfully, and respectfully. Don't break the law, harm others, cheat the platform, or misuse our technology. If you do, we can warn, suspend, or remove you.

2. Scope and Applicability

2.1. This Policy applies to all access to and use of the Services, regardless of the device or means used.

2.2. This Policy applies to all content, communications, listings, requests, reviews, photographs, messages, and other materials that any User submits, posts, transmits, or makes available through the Services ("User Content").

2.3. By creating an account, accessing, or using the Services, each User agrees to comply with this Policy. A User who does not agree to this Policy must not access or use the Services.

2.4. This Policy supplements, and does not replace, any obligations Users have under the Terms, the [PRIVACY POLICY TITLE], applicable law, and (for Providers) any independent contractor agreement, provider terms, or similar agreement between Yardly and the Provider ([PROVIDER AGREEMENT TITLE]).

3. General Standards of Conduct

Every User must:

(a) Use the Services only for their intended, lawful purposes;
(b) Provide accurate, current, and complete information when registering and when using the Services, and keep that information up to date;
(c) Comply with all applicable federal, state, and local laws, regulations, ordinances, and licensing or permitting requirements, including those governing lawn care, landscaping, chemical and pesticide application, waste disposal, noise, water use, and labor;
(d) Treat other Users, Yardly personnel, and the public with respect and honesty;
(e) Honor commitments made through the Platform, including scheduled jobs, quoted prices, and agreed scopes of work; and
(f) Promptly report suspected violations of this Policy as described in Section 11.

4. Prohibited Conduct — Applicable to ALL Users

The following conduct is prohibited for both Homeowners and Providers. You must not, and must not permit or assist any third party to:

4.1. Illegal Use

(a) Use the Services in violation of any applicable law, regulation, ordinance, court order, or governmental requirement;
(b) Use the Services to facilitate, promote, or engage in any illegal activity, including theft, trespass, illegal dumping, unlicensed pesticide or chemical application, drug-related activity, money laundering, or violation of environmental or hazardous-materials laws;
(c) Use the Services to violate the intellectual property, privacy, publicity, or other legal rights of any person; or
(d) Use the Services if you are barred from doing so under the laws of any applicable jurisdiction, or if you are on any government sanctions, denied-party, or similar restricted list.

4.2. Harassment, Discrimination, and Abusive Behavior

(a) Harass, threaten, intimidate, stalk, defame, or abuse any other User, Yardly personnel, or any third party;
(b) Engage in or encourage discrimination or harassment against any person on the basis of race, color, religion, national origin, sex, gender, gender identity or expression, sexual orientation, age, disability, marital status, familial status, military or veteran status, genetic information, or any other characteristic protected under applicable law;
(c) Refuse service to, or refuse to request service from, another User on the basis of any protected characteristic listed above [NOTE: confirm scope of public-accommodation and anti-discrimination obligations applicable to a marketplace operating in Texas and any other markets];
(d) Use hate speech, slurs, sexually explicit or obscene language, or content that is violent, harassing, or degrading;
(e) Engage in unwanted sexual advances, sexual harassment, or any conduct that creates a hostile or unsafe environment; or
(f) Post or transmit content that promotes violence or harm against any individual or group.

4.3. Fraud and Deceptive Conduct

(a) Engage in any fraudulent, deceptive, or misleading activity through the Services;
(b) Create false or unauthorized accounts, impersonate any person or entity, or misrepresent your affiliation with any person or entity;
(c) Use a payment instrument that you are not authorized to use, or engage in payment fraud, unauthorized charges, or chargeback abuse (including disputing legitimate charges);
(d) Submit false, fabricated, duplicate, or manipulated job requests, completions, reviews, ratings, disputes, refund requests, or promotional/referral claims;
(e) Manipulate the Platform's matching, pricing, ratings, search, or promotional systems through fake accounts, collusion, bots, or other deceptive means; or
(f) Misrepresent the price, scope, quality, status, or completion of any service.

4.4. Circumventing the Platform and Off-Platform Transactions

Yardly is the merchant of record, and all payments for services arranged through the Platform must be processed through the Platform's integrated payment system (processed by Stripe). You must not:

(a) Solicit, arrange, accept, or make payment for any Platform-arranged or Platform-introduced service outside of the Platform's payment system ("off-platform payment");
(b) Encourage, request, or coerce another User to take a transaction off-platform, to cancel a Platform booking in order to transact off-platform, or to circumvent Platform fees, commissions, or taxes;
(c) Exchange personal contact information for the purpose of conducting off-platform transactions, or use the Platform's messaging or contact features to solicit off-platform business;
(d) Divert or attempt to divert Homeowners or Providers introduced through the Platform to a competing service or to a direct relationship in order to avoid the Platform [NOTE: confirm any non-circumvention period/terms in the Provider Agreement and Terms — e.g., [NON-CIRCUMVENTION PERIOD]];
(e) Use the Services to advertise, market, or promote any competing product or service; or
(f) Take any action designed to avoid applicable sales tax, tips, or other amounts properly collected and remitted through the Platform.

Plain-language summary: If Yardly introduced you to the other person or you found the job through Yardly, keep the booking and payment on Yardly. Taking it "off the app" to dodge fees or taxes is not allowed.

4.5. Misrepresentation and Identity

(a) Provide false, inaccurate, incomplete, or misleading information to Yardly, to another User, or to Stripe;
(b) Misrepresent your identity, qualifications, licensing, insurance, certifications, equipment, or eligibility to provide or receive services;
(c) Allow another person to use your account, or use another person's account, without authorization; or
(d) Maintain more than one account except as expressly permitted by Yardly.

4.6. Unsafe Behavior, Property Damage, and Harm

(a) Operate any equipment, vehicle, or chemical application in an unsafe, reckless, or unlawful manner;
(b) Cause, threaten, or risk physical harm to any person or damage to any property;
(c) Use or be under the influence of alcohol, illegal drugs, or impairing substances while performing or receiving services arranged through the Platform;
(d) Bring weapons onto a service site in violation of applicable law or in a manner that threatens safety;
(e) Enter areas of a property outside the agreed scope of work without authorization, or remain on a property after being asked to leave;
(f) Engage in any conduct that endangers children, pets, or vulnerable individuals on or near a service site; or
(g) Fail to take reasonable precautions for the safety of persons, pets, and property at or near a service site.

4.7. Scraping, Reverse Engineering, and Security Violations

(a) Access, search, scrape, crawl, harvest, or copy any portion of the Services or any data on the Services by automated means (including bots, spiders, or scrapers) except as expressly permitted in writing by Yardly;
(b) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Services, except to the extent this restriction is prohibited by applicable law;
(c) Probe, scan, or test the vulnerability of any Yardly system or network, or breach or circumvent any security or authentication measure;
(d) Access or attempt to access any account, system, data, or area of the Services that you are not authorized to access, including other Users' accounts or non-public areas;
(e) Introduce or transmit any virus, malware, ransomware, or other malicious or harmful code;
(f) Interfere with, disrupt, overload, or impair the integrity or performance of the Services or the servers or networks supporting them (including denial-of-service attacks);
(g) Remove, obscure, or alter any proprietary notices, branding, or labels on the Services;
(h) Use the Services to develop a competing product or service, or to benchmark the Services without authorization; or
(i) Bypass, disable, or interfere with any geolocation, rate-limiting, access-control, or usage-monitoring feature of the Services.

4.8. Spam and Unsolicited Communications

(a) Send spam, chain messages, pyramid schemes, or other unsolicited or unauthorized advertising or promotional materials through the Services;
(b) Send commercial electronic messages in violation of the CAN-SPAM Act or send text messages or place calls in violation of the Telephone Consumer Protection Act (TCPA) or other applicable communications laws;
(c) Use the Platform's messaging, notification, review, or contact features for any purpose other than legitimate, service-related communication;
(d) Collect or harvest contact information of other Users for marketing or solicitation purposes; or
(e) Use the Services to distribute unsolicited surveys, contests, or fundraising appeals without Yardly's prior written consent.

4.9. Misuse of Content, Photos, and Personal Information

(a) Post or transmit User Content that you do not have the right to share, or that infringes any third party's rights;
(b) Misuse yard photographs (including before/after job photos), precise geolocation data, property addresses, or any other personal information of another User for any purpose other than legitimately completing or managing a Platform transaction;
(c) Photograph, record, or surveil individuals, interiors, or neighboring properties beyond what is reasonably necessary to document the agreed service [NOTE: confirm photo-capture and consent guidance with the Privacy Policy];
(d) Retain, disclose, sell, or otherwise process another User's personal information in violation of applicable privacy laws (including the Texas Data Privacy and Security Act (TDPSA) and, where applicable, the CCPA/CPRA and GDPR); or
(e) Post content that is obscene, pornographic, or otherwise inappropriate for a general-audience marketplace.

5. Additional Prohibited Conduct — Homeowners

In addition to Section 4, Homeowners must not:

(a) Request services that are illegal, unsafe, or that require licenses, permits, or certifications the Homeowner knows the Provider does not hold;
(b) Provide false or incomplete property information (including hazards, locked areas, pets, gates, or hazardous conditions) that creates risk to a Provider;
(c) Direct a Provider to perform work outside the agreed scope without arranging it through the Platform, or pressure a Provider to accept off-platform payment;
(d) Withhold legitimately owed payment, tips, or fees, or abuse the refund, dispute, or chargeback process;
(e) Submit dishonest reviews or ratings, including reviews intended to extort a Provider or to retaliate for the Provider's refusal to transact off-platform; or
(f) Subject a Provider to unsafe, harassing, or discriminatory conditions at the service site.

6. Additional Prohibited Conduct — Providers

In addition to Section 4, Providers must not:

(a) Provide services without holding all licenses, permits, registrations, and certifications required by applicable law for the services performed (including any required for pesticide, herbicide, or chemical application);
(b) Misrepresent qualifications, insurance, experience, equipment, or the scope, quality, price, or completion status of work;
(c) Subcontract or allow another individual to perform services under the Provider's account without Yardly's authorization, or otherwise allow account sharing;
(d) Solicit Homeowners for off-platform work or payment, distribute personal business cards or contact information for the purpose of diverting business off-platform, or otherwise circumvent the Platform as described in Section 4.4;
(e) Mark jobs as complete that were not performed, or perform incomplete or substandard work and represent it as complete;
(f) Provide false information to Stripe or in connection with payout, KYC, identity-verification, or background-check processes ([NOTE: provider KYC, identity verification, ACH payouts, and background checks are forthcoming — confirm requirements, vendor, and FCRA-compliant process at [BACKGROUND CHECK / KYC VENDOR] before publication]);
(g) Fail to comply with applicable independent-contractor, tax, and IRS 1099-NEC reporting obligations, or provide false taxpayer information;
(h) Damage property, leave a job site unsafe, or improperly dispose of yard waste, clippings, chemicals, or other materials; or
(i) Enter portions of a property, take photographs, or access information beyond what is reasonably necessary to perform and document the agreed service.

7. Content Standards

7.1. All User Content must comply with this Policy and the Terms. User Content must not be unlawful, fraudulent, defamatory, obscene, harassing, discriminatory, infringing, or otherwise objectionable.

7.2. Yardly may, but is not obligated to, monitor, review, screen, moderate, edit, or remove any User Content at any time, with or without notice, in its sole discretion and to the extent permitted by law.

7.3. Reviews and ratings must reflect a genuine, good-faith experience and must not be fabricated, incentivized in violation of applicable FTC guidance, or used to harass, extort, or retaliate.

8. Reservation of Rights and No Obligation to Monitor

Yardly reserves the right, but assumes no obligation, to investigate any suspected violation of this Policy and to take any action it deems appropriate, including the actions described in Section 9. Yardly's failure to enforce this Policy in any instance does not waive its right to enforce it in any other instance.

9. Enforcement and Consequences

9.1. Range of actions. If Yardly determines, in its sole and reasonable discretion, that a User has violated this Policy, the Terms, or applicable law, or that a User's conduct poses a risk to other Users, to Yardly, or to the public, Yardly may take one or more of the following actions, with or without prior notice:

(a) Issue a warning or request for corrective action;
(b) Remove, restrict, or refuse to display User Content, listings, reviews, or messages;
(c) Limit, throttle, or restrict access to certain features of the Services;
(d) Withhold, reverse, freeze, or cancel payments, payouts, tips, or refunds associated with the violation, subject to applicable law and the Terms [NOTE: confirm payout-hold and reversal rules with Stripe and the Provider Agreement];
(e) Temporarily suspend the User's account or access to the Services;
(f) Permanently terminate the User's account and access to the Services; and/or
(g) Take any other action permitted under the Terms or applicable law.

9.2. Factors considered. In determining the appropriate response, Yardly may consider the severity of the violation, whether it was intentional or repeated, the risk to others, the User's history, and any legal obligations. Yardly is not required to apply consequences in any particular sequence and may proceed directly to suspension or termination for serious violations (including safety threats, fraud, off-platform circumvention, harassment, discrimination, or security violations).

9.3. Immediate action. For violations that present an imminent risk to safety, security, or legal compliance, Yardly may suspend or terminate access immediately and without prior notice.

9.4. Notice and appeal. Where reasonably practicable and not prohibited by law or risk considerations, Yardly will notify the affected User of an enforcement action and provide an opportunity to respond or appeal through [APPEALS / REVIEW PROCESS — describe process and contact, e.g., [SUPPORT/APPEALS EMAIL]]. [NOTE: confirm whether and how an appeal/reinstatement process will be offered, including timelines.]

9.5. Effect of termination. Upon suspension or termination, a User must immediately stop using the Services. Termination does not relieve a User of obligations accrued before termination (including payment obligations, tax obligations, or liability for harm caused). Provisions of the Terms that by their nature should survive termination will survive.

9.6. Reporting to authorities. Yardly may report conduct to law enforcement, regulators, or other authorities, and may cooperate with investigations, where it believes in good faith that doing so is appropriate or required by law.

9.7. Other remedies. Enforcement under this Policy is in addition to, and not in lieu of, any other rights or remedies available to Yardly at law, in equity, or under the Terms, including the right to seek damages, injunctive relief, indemnification, or recovery of fees and costs as provided in the Terms.

10. Consequences of Off-Platform Circumvention (Specific)

Because off-platform solicitation and payment undermine the safety, accountability, tax compliance, and economics of the marketplace, Yardly treats violations of Section 4.4 as serious. Consequences may include immediate suspension or termination, withholding of payouts associated with circumvented transactions, loss of eligibility for promotions or incentives, and recovery of fees or commissions that would have applied, subject to applicable law and the Terms. [NOTE: confirm any specific monetary remedies, liquidated-damages, or fee-recovery terms with attorney — do not state amounts until defined: [CIRCUMVENTION REMEDY TERMS].]

11. Reporting Violations

11.1. How to report. If you believe a User has violated this Policy, or you experience or witness unsafe, fraudulent, harassing, discriminatory, or otherwise prohibited conduct, please report it:

In-app: [IN-APP REPORTING PATH — e.g., "Help" > "Report a problem"]
Email: [REPORTS / TRUST & SAFETY EMAIL]
Mailing address: [REGISTERED ADDRESS]
[OPTIONAL: SUPPORT PHONE NUMBER]

11.2. Emergencies. If you believe there is an immediate threat to safety or a crime in progress, contact local emergency services (911 in the United States) first, then notify Yardly.

11.3. What to include. To help us investigate, please include the date, time, and location of the incident, the accounts or individuals involved, a description of what happened, and any supporting evidence (such as screenshots or photos), to the extent you can do so lawfully.

11.4. No retaliation. Yardly prohibits retaliation against any User who reports a suspected violation in good faith. Knowingly submitting a false or bad-faith report is itself a violation of this Policy.

11.5. Handling of reports. Yardly will handle reports and any associated personal information in accordance with the [PRIVACY POLICY TITLE] and applicable law. Yardly does not guarantee any particular outcome or response time. [NOTE: define target response/acknowledgment timelines if Yardly wishes to commit to any: [RESPONSE TIME TARGET].]

12. Changes to This Policy

Yardly may update this Policy from time to time. When we make material changes, we will provide notice as required by the Terms or applicable law (for example, by posting the updated Policy with a new "Last Updated" date or by other reasonable means). Continued use of the Services after the effective date of an updated Policy constitutes acceptance of the changes.

13. Governing Law

This Policy is governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles, and is subject to the governing law, dispute-resolution, venue, and arbitration provisions set forth in the Terms. [Venue: [VENUE/COUNTY], Texas, or as otherwise provided in the Terms.]

14. Contact

Questions about this Policy may be directed to:

[LEGAL ENTITY NAME] [REGISTERED ADDRESS] [CONTACT EMAIL]

Open Items Requiring Decision / Attorney Input

The following placeholders and open decisions in this document must be supplied, finalized, or reviewed by counsel before publication:

[LEGAL ENTITY NAME] — operating legal entity name.
[ENTITY TYPE] — entity type (e.g., LLC, corporation).
[REGISTERED ADDRESS] — registered/mailing address.
[CONTACT EMAIL] — general contact email.
[EFFECTIVE DATE] — effective date and last-updated date.
[TERMS OF SERVICE / USER AGREEMENT TITLE] — exact title of the Terms this AUP is incorporated into.
[PRIVACY POLICY TITLE] — exact title of the Privacy Policy.
[PROVIDER AGREEMENT TITLE] — exact title of the provider/independent-contractor agreement.
Stripe — confirm how the payment processor should be named/referenced for Users.
[NON-CIRCUMVENTION PERIOD] — whether a defined non-circumvention/diversion period or terms apply (Section 4.4(d)); align with Terms/Provider Agreement.
[CIRCUMVENTION REMEDY TERMS] / [CIRCUMVENTION MONETARY REMEDIES] — whether specific monetary remedies, fee recovery, or liquidated damages apply to off-platform circumvention (Sections 9, 10); no amounts stated pending counsel.
[BACKGROUND CHECK / KYC VENDOR] — provider KYC, identity verification, ACH payout, and background-check processes are forthcoming; confirm vendor and FCRA-compliant process before referencing as active (Section 6).
Payout hold/reversal/freeze rules — confirm with payment processor and Provider Agreement whether/how payouts can be withheld, reversed, or frozen as an enforcement measure (Sections 9.1(d), 10).
Anti-discrimination / public-accommodation scope — confirm the marketplace's obligations and the appropriate framing of refusal-of-service rules under Texas and other applicable law (Section 4.2(c)).
Photo/recording consent guidance — confirm consistency with Privacy Policy regarding yard photos, recording, and capture limits (Sections 4.9(c), 4.9(b)).
[APPEALS / REVIEW PROCESS] and [SUPPORT/APPEALS EMAIL] — decide whether an appeal/reinstatement process is offered and define it (Section 9.4).
[IN-APP REPORTING PATH] — exact in-app path for reporting violations (Section 11.1).
[REPORTS / TRUST & SAFETY EMAIL] — email address for violation reports (Section 11.1).
[OPTIONAL: SUPPORT PHONE NUMBER] — decide whether to provide a support phone number.
[RESPONSE TIME TARGET] — decide whether to commit to any acknowledgment/response timelines for reports (Section 11.5).
[VENUE/COUNTY] — venue/county for disputes, to align with the Terms' dispute-resolution and arbitration provisions (Section 13).
Consistency check — confirm all defined terms, cross-references, and incorporated documents (Terms, Privacy Policy, Provider Agreement) match their final titles and provisions.
Multi-market applicability — confirm whether this Policy must be adjusted for markets beyond Houston, Texas (e.g., California CCPA/CPRA, EU GDPR) as the service expands.