Terms of Use
Effective date: July 27, 2026
These Terms are drafted in English. Any translation, including the Spanish version of this page, is provided for convenience only; if there is any discrepancy, the English version controls.
These Terms of Use (the “Terms”) are a binding legal agreement between you ("you," “your,” or the “Operator”) and Core Web Crafting LLC, a North Carolina limited liability company ("Core Web Crafting," “we,” “us,” or “our”), governing your access to and use of the YardPath mobile application, any related software, updates, exports, documentation, websites, and support (collectively, the “Service”).
By downloading, installing, subscribing to, or using YardPath, you agree to these Terms. If you do not agree, do not use the Service.
The short version
This summary is provided for convenience only and is not part of the agreement. Where it differs from the numbered sections below, the numbered sections control.
- YardPath is a recordkeeping and workflow tool that helps an owner-operated business track jobs, billable work, income, expenses, and mileage. It is not an accountant, a bookkeeper, a tax preparer, or a lawyer.
- Nothing in YardPath is tax, legal, accounting, or financial advice. You are responsible for knowing what you must track, how to classify it, and whether it satisfies the IRS or any other authority.
- Your records are yours. They live on your devices and in your own iCloud. We have no copy and cannot recover them for you. Export regularly.
- We build YardPath in good faith and want to hear about problems, use the contact page or in-app support, but the Service is provided as is, with no warranty of accuracy.
- Our total liability to you is capped at what you have paid us, and disputes are resolved in North Carolina.
1. Eligibility and acceptance
You must be at least 18 years old and capable of forming a binding contract to use the Service. If you use YardPath on behalf of a business entity, you represent and warrant that you have authority to bind that entity, and “you” means both you individually and that entity.
The Service is designed and offered for business use by owner-operated service businesses. You acknowledge that you are acquiring the Service for business purposes and not primarily for personal, family, or household purposes.
You represent that you are not located in, under the control of, or a national or resident of, any country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
2. What YardPath is, and what it is not
2.1 What it is
YardPath is a software tool that assists an owner-operated business in recording and organizing its own operational data, including customers, scheduled and completed jobs, services performed, prices quoted and charged, invoices and estimates, payments received, credits, and vehicle mileage between jobs. It performs arithmetic, formatting, scheduling, routing, and reporting functions on the information you enter and on device sensor data (such as location) that you authorize.
2.2 What it is not
YardPath is not, and does not provide, any of the following:
- Tax advice, tax preparation, or tax representation. YardPath does not prepare, review, file, or verify any tax return, schedule, form, or election.
- Legal advice or legal services. No attorney-client relationship is created by your use of the Service, by any content on this website, or by any support communication with us. Invoices, estimates, terms, and messages generated by or through YardPath are not attorney-drafted legal instruments and have not been reviewed for enforceability in your jurisdiction.
- Accounting, bookkeeping, auditing, or attest services. We are not a certified public accounting firm, an enrolled agent, a tax return preparer, or a bookkeeper, and we do not act in any such capacity.
- Financial, investment, insurance, or business advice.
- A payment processor, money transmitter, escrow agent, or financial institution. YardPath records payments you tell it you received; it does not process, hold, transmit, collect, or move funds of any kind.
- A system of record for regulatory compliance. YardPath is a convenience tool, not a certified or audited compliance system.
No professional relationship of any kind is created between you and Core Web Crafting by your use of the Service. Any output of the Service, including a mileage log, an invoice, an estimate, a profitability figure, an income or expense summary, or a report, is an unverified work product generated from the data you supplied, and is not professional advice or an opinion on which you may rely.
2.3 Tax matters are entirely your responsibility
You alone are responsible for determining what your business must track, how each item must be categorized, whether any amount is includable in income, whether any expense or mileage is deductible, and whether your records satisfy applicable substantiation requirements. This includes, without limitation, requirements imposed by the Internal Revenue Code (including the substantiation rules applicable to vehicle and travel expenses), Treasury regulations, IRS guidance and publications, and any state or local revenue authority.
You specifically acknowledge and agree that:
- Mileage figures, IRS standard mileage rates, deduction estimates, tax-rate fields, and “IRS-ready” or similarly labeled exports are conveniences, not guarantees. Rates change, GPS is imperfect, trips are missed or misclassified, and a label in the app is not a determination that any record is adequate, accurate, or acceptable to any authority.
- The characterization of any trip as business or personal, the business purpose recorded for it, the classification of any payment or expense, the applicability and rate of any sales or use tax, and the treatment of any credit, discount, or write-off are your determinations, not ours.
- Before relying on any YardPath data or export for a tax filing, an audit, a loan application, an insurance claim, a bid, a lawsuit, or any other consequential purpose, you must independently verify it and should consult a qualified tax professional, accountant, or attorney licensed in your jurisdiction.
- We are not responsible for, and expressly disclaim liability for, any tax, penalty, interest, assessment, disallowed deduction, audit cost, professional fee, fine, or other loss arising from your reliance on the Service.
3. Your responsibilities as the Operator
You are solely responsible for:
- The accuracy and completeness of everything you enter, and for reviewing every calculation, total, invoice, estimate, report, and mileage record before you rely on it or send it to a third party.
- Reviewing and verifying every document before it leaves your device. You are the sender and author of every invoice, estimate, message, and export. Send nothing you have not read.
- Maintaining your own backups. See Section 6.
- Your customer relationships and communications, including all obligations described in Section 7.
- Your compliance with law, including tax, licensing, contractor and trade licensing, employment and wage-and-hour, worker classification, vehicle and insurance, consumer protection, privacy, and telemarketing laws applicable to your business.
- Your own devices, Apple ID, iCloud account, passcode, and physical device security.
- Safe operation of your vehicle. Never interact with YardPath while driving. Do not follow any route, direction, or suggestion that would be unsafe, unlawful, or inconsistent with actual road conditions, signage, or traffic control. Routing and travel-time estimates are approximations generated from third-party map data and are not verified for accuracy, legality, or safety.
- Any helper, employee, contractor, or family member you permit to use the Service or whose location, work, or personal information is recorded in it, including obtaining any consent or notice required by law before tracking their location or recording their information.
4. License grant and restrictions
Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use YardPath on Apple-branded products that you own or control, solely for your internal business purposes, and as permitted by the Usage Rules in the App Store Terms of Service. This license does not allow you to use YardPath on any Apple-branded product you do not own or control, and you may not distribute or make YardPath available over a network where it could be used by multiple devices at once, except as expressly permitted by Apple’s Usage Rules (including Family Sharing).
You may not, and may not permit anyone else to:
- copy, modify, translate, adapt, or create derivative works of the Service;
- reverse engineer, decompile, disassemble, or attempt to derive source code, algorithms, or underlying structure, except to the limited extent this restriction is unenforceable under applicable law;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, host, or provide the Service as a service bureau or on behalf of third parties;
- circumvent, disable, or interfere with any license check, subscription gate, security feature, or usage limit, or use the Service without a valid subscription where one is required;
- use the Service to build a competing product or service, or to benchmark it for publication without our prior written consent;
- use the Service for any unlawful, fraudulent, harassing, or deceptive purpose, or to create or send any false, fraudulent, or misleading invoice, estimate, mileage record, or message;
- interfere with, disrupt, probe, or place undue load on our website, contact endpoints, or infrastructure, or attempt unauthorized access to any of them;
- remove, obscure, or alter any proprietary notice.
We reserve all rights not expressly granted. This is a license, not a sale; you acquire no ownership interest in the Service.
5. Subscriptions, trial, billing, and refunds
Billing is handled by Apple through the App Store, not by us. Your purchase, renewal, and cancellation are governed by the Apple Media Services Terms and Conditions and the payment method on file with your Apple ID.
- Trial. A free trial, if offered, is available once per Apple ID (and per Family Sharing group where applicable) and converts to a paid subscription at the end of the trial period unless canceled at least 24 hours before it ends.
- Auto-renewal. Subscriptions renew automatically at the then-current price until canceled. Cancel in your Apple account settings; deleting the app does not cancel a subscription.
- Pricing. Prices, plans, and features may change. Any price change applies prospectively and is subject to Apple’s notice and consent requirements. The price displayed in the App Store at the time of purchase controls.
- Refunds. All fees are non-refundable except where required by law. We do not process refunds; refund requests for App Store purchases must be made to Apple under its policies. Unused portions of a subscription term are not refundable upon cancellation.
- Lapsed subscriptions. If a subscription lapses, expires, or is canceled, the Service reverts to its free tier, under which you retain the ability to view, edit, and export your existing data, and the number of non-archived customer records you may maintain is limited. We intend to preserve free-tier access and export capability, but we do not warrant that any particular access, feature, tier, limit, or export path will remain available indefinitely, and Section 12 governs.
- Taxes. You are responsible for any taxes associated with your subscription other than taxes on our net income.
6. Your data, storage, and backups
You own your business records. As between you and us, you retain all right, title, and interest in the customer, job, invoice, payment, expense, mileage, and settings data you create in the Service.
We do not store your business records. YardPath stores data locally on your device and, if you enable it, syncs through your own iCloud account using Apple’s CloudKit. That data is controlled by your Apple ID and governed by Apple’s terms and privacy policy. See our Privacy Policy.
Because we hold no copy, we cannot retrieve, restore, reconstruct, or recover your data for you under any circumstances. You expressly acknowledge and assume the risk of data loss, and you agree that:
- Maintaining current, verified backups is solely your responsibility. You should export your data regularly and store the export somewhere you control, and you should periodically verify that an export actually restores.
- iCloud sync is a mirror, not a backup: a deletion, corruption, or erroneous bulk change on one device propagates to your other devices.
- Data loss or corruption may result from device loss, theft, damage, or failure; operating-system or app updates; iCloud outages, account changes, storage limits, or Apple’s own actions; sync conflicts; user error; or defects in the Service.
- We are not liable for any loss, corruption, deletion, inaccessibility, or unrecoverability of your data, however caused. Your sole and exclusive remedy is restoration from your own backup.
7. Customer communications (SMS, email, and documents)
When you send an invoice, estimate, reminder, “on my way” notice, or any other message through YardPath, the message is composed and sent from your own device, your own phone number, and your own accounts. You are the sender. We do not transmit, route, or store those messages.
You are solely responsible for compliance with all laws governing those communications, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing, automated-messaging, and consumer protection statutes, wireless carrier rules and messaging policies, and all applicable consent, opt-out, recordkeeping, and disclosure requirements. You are responsible for obtaining and documenting any consent required before contacting any customer, and for honoring opt-out requests.
You are likewise solely responsible for the content of every invoice, estimate, and document you generate or send, including its prices, terms, tax treatment, warranties, and legal sufficiency, and for your handling of your customers’ personal information under any applicable privacy law.
Message delivery depends on carriers, Apple’s Messages and Mail services, and recipient devices, none of which we control. We do not warrant that any message will be delivered, delivered on time, delivered without alteration, or received.
8. Location and mileage tracking
Location tracking is off unless you turn it on, and it operates only as described in the Privacy Policy. Location and mileage data stay on your device and in your private iCloud.
Location data is inherently imprecise. GPS signal quality, device settings, battery-optimization behavior, permission changes, backgrounding, operating-system behavior, and interruptions can cause trips to be missed, truncated, duplicated, misdated, or recorded with incorrect distances.
How distance is measured, and why it will not match your odometer. YardPath does not read your vehicle’s odometer and has no connection to your vehicle. Depending on the trip and the conditions at the time, a distance may be derived from periodic location readings taken by your device as you travel, or from third-party map and routing data, or from a direct point-to-point measurement between two locations. You acknowledge and agree that:
- A recorded distance is an estimate, not a measurement of your vehicle’s travel, and may be higher or lower than the miles you actually drove.
- Distances derived from periodic location readings approximate your path from sampled points and do not capture every turn, detour, or stop.
- Where a road route cannot be determined, a direct point-to-point distance may be used, which is typically shorter than the distance actually driven by road.
- Any route used for calculation is a suggested route from third-party map data and may differ from the route you actually drove.
- Methods, providers, thresholds, and accuracy may change at any time without notice, and nothing in these Terms commits us to any particular method of calculation.
You must review every trip and correct or add records as needed, including adjusting or overriding any recorded distance so that it reflects your actual business miles. A mileage log is only as good as your review of it, and Sections 2.3 and 12 apply in full to every mileage figure, rate, deduction estimate, and export.
9. Reporting issues, feedback, and support
We build YardPath as a good-faith best effort to make a genuinely useful tool, and we want to know when something is wrong. If you find an error, an inaccurate calculation, a missing capability, or anything that does not work the way you expect, please tell us through the contact page or in-app support (Settings → Contact Support). Reports like these are how the app gets better.
That said, and without limiting the rest of these Terms:
- Support is provided on a commercially reasonable, best-effort basis. There is no service level agreement, guaranteed response time, guaranteed resolution, or guaranteed uptime.
- Reporting an issue does not obligate us to investigate, respond to, fix, or change anything, and no statement made in support, in documentation, on this website, in release notes, or in marketing materials creates a warranty or amends these Terms.
- We may modify, add, suspend, or discontinue any feature, integration, export format, or the Service as a whole, at any time, with or without notice.
- Any feedback, idea, suggestion, bug report, or feature request you provide is non-confidential, and you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable license to use, modify, and commercialize it without restriction, attribution, or compensation.
- If the Service is made available to you in a beta, TestFlight, preview, or pre-release form, it is provided as is and may be unstable, incomplete, or discontinued without notice, and it may cause data loss.
10. Intellectual property
The Service, including all software, designs, interfaces, text, graphics, logos, icons, documentation, and the “YardPath” and “Core Web Crafting” names and marks, is owned by Core Web Crafting or its licensors and is protected by United States and international copyright, trademark, trade secret, and other laws. Nothing in these Terms transfers any such right to you.
11. Third-party services
The Service depends on and interoperates with services and software we do not control, including Apple’s operating systems, App Store, iCloud, CloudKit, Maps, Messages, Mail, and Contacts, as well as wireless carriers, mapping and geocoding data providers, and network connectivity. We are not responsible for the availability, accuracy, performance, security, pricing, terms, or acts or omissions of any third party, and your use of any third-party service is governed by that party’s terms. Your compliance with all applicable third-party terms is your responsibility. Interruption, degradation, or discontinuation of any third-party service is not a breach of these Terms by us.
12. Disclaimer of warranties
THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CORE WEB CRAFTING LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS (COLLECTIVELY, THE “CORE WEB CRAFTING PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE CORE WEB CRAFTING PARTIES DO NOT WARRANT THAT: (a) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) ANY CALCULATION, TOTAL, INVOICE, ESTIMATE, REPORT, ROUTE, TRAVEL-TIME ESTIMATE, TAX FIGURE, MILEAGE DISTANCE, OR EXPORT WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (c) ANY RECORD WILL SATISFY THE IRS OR ANY OTHER TAXING, REGULATORY, LICENSING, LENDING, INSURANCE, OR JUDICIAL AUTHORITY; (d) DATA WILL BE PRESERVED, SYNCED, BACKED UP, RECOVERABLE, OR FREE FROM LOSS OR CORRUPTION; (e) ANY MESSAGE, INVOICE, OR ESTIMATE WILL BE DELIVERED OR RECEIVED; OR (f) ANY DEFECT WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE CORE WEB CRAFTING PARTIES OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND FOR ALL DECISIONS YOU MAKE IN RELIANCE ON IT.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you; in that case, such warranties are limited to the minimum scope and shortest duration permitted by law.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE CORE WEB CRAFTING PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY:
- LOST PROFITS, LOST REVENUE, LOST OR UNBILLED WORK, OR LOST BUSINESS OPPORTUNITY;
- LOST, CORRUPTED, DELETED, OR UNRECOVERABLE DATA OR RECORDS, OR THE COST OF RECREATING THEM;
- TAXES, PENALTIES, INTEREST, ASSESSMENTS, DISALLOWED OR UNDERSTATED DEDUCTIONS, AMENDED RETURNS, AUDIT COSTS, OR ACCOUNTING, BOOKKEEPING, OR ATTORNEYS’ FEES;
- FINES, JUDGMENTS, SETTLEMENTS, OR STATUTORY DAMAGES ARISING FROM COMMUNICATIONS YOU SENT (INCLUDING TCPA OR CAN-SPAM CLAIMS), FROM YOUR INVOICES OR ESTIMATES, OR FROM YOUR CUSTOMER RELATIONSHIPS;
- BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF GOODWILL; OR
- PERSONAL INJURY, PROPERTY DAMAGE, OR ANY LOSS ARISING FROM VEHICLE OPERATION OR TRAVEL,
IN EACH CASE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE), AND EVEN IF THE CORE WEB CRAFTING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
THE TOTAL AGGREGATE LIABILITY OF THE CORE WEB CRAFTING PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU ACTUALLY PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST SUCH CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS CAP APPLIES IN THE AGGREGATE TO ALL CLAIMS AND ALL CLAIMANTS AND IS NOT CUMULATIVE PER CLAIM OR PER INCIDENT.
THE PARTIES AGREE THAT THE LIMITATIONS IN THIS SECTION AND IN SECTION 12 ARE AN ESSENTIAL BASIS OF THE BARGAIN, THAT THEY REFLECT A REASONABLE ALLOCATION OF RISK GIVEN THE PRICE OF THE SERVICE, AND THAT THEY APPLY EVEN IF ANY REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; in that case, our liability is limited to the greatest extent permitted by law. Nothing in these Terms excludes liability that cannot lawfully be excluded.
14. Indemnification
You will defend, indemnify, and hold harmless the Core Web Crafting Parties from and against any and all claims, demands, actions, proceedings, damages, judgments, settlements, penalties, fines, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees and costs of investigation) arising out of or relating to:
- your use of or reliance on the Service;
- any invoice, estimate, message, notification, export, report, or record you create, send, publish, or rely on;
- your tax filings, deductions, classifications, or recordkeeping;
- any communication you send to any person, including any claim under the TCPA, CAN-SPAM, or any state telemarketing, messaging, or consumer protection law;
- your customers, employees, contractors, helpers, or other third parties, including any claim relating to their personal information, location, wages, or classification;
- your breach of these Terms or of any representation you make in them;
- your violation of any applicable law or of any third party’s rights, including intellectual property and privacy rights; or
- your operation of a vehicle or performance of any work.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate fully. You will not settle any matter in a way that imposes any obligation or admission on any Core Web Crafting Party without our prior written consent.
15. Suspension and termination
You may stop using the Service at any time; cancel any subscription through your Apple account settings.
We may suspend or terminate your license and access to the Service, in whole or in part, immediately and without notice, if we reasonably believe you have breached these Terms, used the Service unlawfully or fraudulently, or created risk or legal exposure for us or others. We may also discontinue the Service generally at any time.
Upon termination, your license ends immediately and you must cease using the Service. Because we hold no copy of your data, you are responsible for exporting it before termination. Sections 2, 3, 6, 7, 9 (feedback license), 10, 12, 13, 14, 16, 17, 18, and 19 survive termination.
16. Dispute resolution, arbitration, and class action waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
16.1 Informal resolution first
Before initiating any arbitration or proceeding, you agree to first contact us through the contact page with a written description of the dispute, the relief sought, and your contact information, and to negotiate in good faith for sixty (60) days. This is a condition precedent to commencing arbitration, and the limitations period is tolled during it.
16.2 Binding arbitration
If the dispute is not resolved informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including its formation, interpretation, breach, termination, enforceability, or validity, will be resolved exclusively by final and binding individual arbitration, administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules (or, if you qualify as a consumer under those rules, its Consumer Arbitration Rules) then in effect.
- The arbitration will be seated in, and any in-person hearing will take place in, Cabarrus County, North Carolina, unless the parties agree otherwise or the AAA rules require a different hearing locale for a consumer claimant. Where feasible, the arbitration may be conducted on documents or by videoconference.
- The arbitration will be before a single arbitrator, will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16), and the arbitrator will apply North Carolina substantive law consistent with Section 17.
- The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court of competent jurisdiction, not the arbitrator, will decide any dispute regarding the scope or enforceability of Section 16.3 (Class action waiver).
- The arbitrator may not award relief in excess of, or inconsistent with, Sections 12 and 13, may award only individual relief to the individual party seeking relief, and may not award relief affecting anyone else. Judgment on the award may be entered in any court of competent jurisdiction.
16.3 Class action and jury trial waiver
YOU AND CORE WEB CRAFTING EACH AGREE THAT ANY PROCEEDING WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
YOU AND CORE WEB CRAFTING EACH IRREVOCABLY WAIVE ANY RIGHT TO A TRIAL BY JURY in any action or proceeding arising out of or relating to these Terms or the Service.
If Section 16.3 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and litigated in the courts identified in Section 17, and the remaining claims will proceed in arbitration. If Section 16.3 is found unenforceable in its entirety, then the entirety of Section 16.2 is null and void as to that dispute, and the dispute will be resolved exclusively in the courts identified in Section 17.
16.4 Exceptions
Either party may (a) bring an individual claim in small claims court in Cabarrus County, North Carolina if it qualifies, and (b) seek injunctive or other equitable relief in the courts identified in Section 17 to prevent or stop actual or threatened infringement, misappropriation, or violation of intellectual property or confidentiality rights, without first satisfying Section 16.1 and without waiving any other provision.
16.5 Right to opt out of arbitration
You may opt out of Sections 16.2 and 16.3 by notifying us in writing through the contact page within thirty (30) days of first accepting these Terms, stating your name and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms, including Section 17, and will not affect your use of the Service.
17. Governing law and exclusive venue
These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.
For any dispute not subject to arbitration under Section 16, you and Core Web Crafting irrevocably consent to the exclusive personal jurisdiction and venue of the North Carolina General Court of Justice sitting in Cabarrus County, North Carolina, and of the United States District Court for the Middle District of North Carolina, and each party waives any objection to those forums based on lack of personal jurisdiction, improper venue, or forum non conveniens.
18. Time limit on claims
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.
19. Apple-specific terms
You acknowledge and agree that:
- These Terms are between you and Core Web Crafting LLC only, and not with Apple Inc. Core Web Crafting, not Apple, is solely responsible for YardPath and its content.
- Your license to use YardPath is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance or support for YardPath.
- In the event of any failure of YardPath to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to YardPath, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Core Web Crafting’s sole responsibility.
- Core Web Crafting, not Apple, is responsible for addressing any claim by you or any third party relating to YardPath or your possession or use of it, including product liability claims, any claim that YardPath fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
- In the event of a third-party claim that YardPath or your possession and use of it infringes that third party’s intellectual property rights, Core Web Crafting, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.
- You must comply with any applicable third-party terms of agreement when using YardPath.
- Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- Core Web Crafting is responsible for addressing any questions or claims relating to YardPath; contact information is in Section 21.
20. General
- Changes to these Terms. We may update these Terms from time to time. The “Effective date” above reflects the current version. Material changes will be posted on this page and, where practicable, noted in the app or on our website. Your continued use of the Service after an update takes effect constitutes acceptance. If you do not agree, stop using the Service and cancel your subscription.
- Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and Core Web Crafting regarding the Service and supersede all prior or contemporaneous understandings, communications, and proposals, whether oral or written.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.
- No waiver. Our failure or delay in enforcing any provision is not a waiver of it or of any other provision.
- Assignment. You may not assign or transfer these Terms or any rights under them, by operation of law or otherwise, without our prior written consent; any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
- No third-party beneficiaries, except as expressly stated in Sections 12, 13, 14 (as to the Core Web Crafting Parties) and 19 (as to Apple).
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, labor conditions, government action, power or internet failure, carrier or platform outages, or acts of any third-party provider.
- Independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, employment, or professional-services relationship between you and Core Web Crafting.
- U.S. Government end users. The Service is “commercial computer software” and “commercial computer software documentation” as those terms are used in 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202, licensed with only those rights granted to all other end users under these Terms.
- Export compliance. You may not use or export the Service except as authorized by United States law and the laws of the jurisdiction in which it was obtained.
- Headings are for convenience only and do not affect interpretation. These Terms will not be construed against the drafting party.
21. Contact and legal notices
Core Web Crafting LLC, a North Carolina limited liability company — corewebcrafting.com
For questions, support, bug reports, feedback, informal dispute notices under Section 16.1, and arbitration opt-out requests under Section 16.5, use the contact page or Settings → Contact Support in the app. This is also the channel for any question or claim relating to YardPath for purposes of Section 19.
For formal legal notices and service of process: Core Web Crafting LLC continuously maintains a registered agent and registered office in North Carolina as required by North Carolina law. The registered agent’s name and the registered office address are public record and available at no cost from the North Carolina Secretary of State’s Business Registration search at sosnc.gov — search for “Core Web Crafting LLC” and open the entity’s record. Formal legal notice must be delivered to the registered agent at the registered office address then of record; notice sent only through the contact page or in-app support is not effective as formal legal notice or service of process.