Terms of Service

1. Acceptance of Terms

These Terms of Service (the "Terms") are an agreement between you and PerYard, LLC, a Texas limited liability company ("PerYard," "we," "us," or "our"), governing your use of peryard.com (the "Site") and the PerYard platform (the "Services").

By accessing the Site, joining the waitlist, or using the Services, you accept these Terms. If you are entering into them on behalf of a company, you represent that you have authority to bind that company, and "you" means that company.

2. The Services

PerYard reads operating records you already keep — accounting, batch, dispatch and banking — and builds a single view of what a yard costs, what it earns, and where margin is going. The Services include The Stack, and the attached products JointPay and LienFlex.

PerYard is an analysis tool. It identifies findings from your data. It does not reprice your work, contact your customers, batch your concrete, dispatch your trucks, or move money. Acting on any finding is your decision and your responsibility.

The Services are in active development. Features may change, and figures shown on the Site marked as illustrative are exactly that — they describe a demo operation, not a customer's results and not a promise of yours.

3. Eligibility & Accounts

• You must be at least 18 and able to form a binding contract.
• The Services are offered for business use, not personal or household use.
• You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account.
• Notify us promptly if you believe your account has been compromised.

Access during the pre-launch period is by invitation, and joining the waitlist does not guarantee access.

4. Your Data & Connected Systems

You own your data. You retain all rights to the operating records you connect and the content you provide ("Your Data"). You grant us a limited licence to host, process and analyse Your Data solely to provide the Services to you.

You represent that:

• You have the right to connect each system you connect, and to allow us to access the data in it.
• Doing so does not breach your agreement with the provider of that system or with any third party.

Connections are read-only by default. We do not write back to a connected system unless you explicitly enable a feature that does so. You may disconnect a system at any time, which stops further access to it.

5. Acceptable Use

You agree not to:

• Use the Services unlawfully or in breach of these Terms.
• Connect data you do not have the right to connect.
• Reverse engineer, decompile, scrape or attempt to derive the source code or underlying models of the Services.
• Resell, sublicense or provide the Services to a third party as a service.
• Interfere with the operation or security of the Services, or attempt to access another customer's data.
• Use the Services to build a competing product.

6. No Professional Advice

The Services produce analysis and estimates from your records. They do not constitute accounting, tax, legal, financial or investment advice, and no figure produced by the Services should be relied on as a substitute for advice from a qualified professional.

Certain figures are expressly labelled as implied — backed into from vendor bills and the ledger rather than derived from a batch design. Those figures are estimates and are labelled as such wherever they appear.

7. JointPay

PerYard is not a bank. A bank facilitates all transfers. PerYard does not hold, move, take custody of, escrow or clear funds, and holds no deposits.

JointPay is an arrangement between you and your supplier, in which PerYard performs the arithmetic on what each side is owed as payments come in. It is subject to a separate written agreement between you, your supplier and us, and that agreement controls if it conflicts with these Terms.

Availability is by application and depends on the supplier partner and on your operating data. Nothing on the Site is an offer of credit or a guarantee of any particular pricing or terms from any supplier.

8. LienFlex

PerYard is not a law firm and does not provide legal advice. LienFlex tracks a calendar built from your own records and surfaces potential deadlines at a trigger point you choose. It is informational.

Lien and notice requirements vary by state and by project, and depend on facts PerYard may not have. You are responsible for determining what applies to you and for meeting any deadline. We do not warrant that any date shown is complete or correct for your situation, and we do not file anything on your behalf without your instruction.

We make no claim about recovery rates or outcomes.

9. Fees & Payment

Pricing scales with the plant — a single-plant operation is not quoted like a regional. Fees, billing frequency and any trial terms will be set out in your order form or subscription agreement.

Unless that agreement says otherwise, fees are payable in advance, are non-refundable except where required by law, and are exclusive of taxes. We will give notice before any change to fees takes effect for your next term.

10. Intellectual Property

The Services, the Site, and all software, models, designs, text and marks in them are owned by PerYard and protected by intellectual property law. "PerYard," "The Stack," "JointPay" and "LienFlex" are our marks. Nothing in these Terms transfers any of our intellectual property to you.

Any feedback you send us may be used without restriction or obligation, and you retain no rights in it.

11. Confidentiality

Each party may receive information the other treats as confidential. Your mix designs, margins, pricing and customer list are your confidential information, and we will not disclose them outside your organisation except as described in our Privacy Policy or as you direct.

12. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

We do not warrant that the Services will be uninterrupted or error-free, or that any figure, finding or estimate they produce will be accurate or complete. The Services depend on data from systems we do not control, and their output is only as good as that data.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERYARD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST MARGIN, LOST DATA OR BUSINESS INTERRUPTION, ARISING FROM OR RELATING TO THE SERVICES.

OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

14. Indemnification

You agree to indemnify and hold harmless PerYard and its members, managers and employees from any claim, loss or expense (including reasonable legal fees) arising from your use of the Services, your breach of these Terms, or your connection of data you did not have the right to connect.

15. Term & Termination

These Terms apply for as long as you use the Site or Services. You may stop using them at any time, and may cancel a subscription as set out in your order form.

We may suspend or terminate access if you materially breach these Terms, if required by law, or if continuing to provide the Services creates a security or legal risk. On termination, your right to use the Services ends. Sections 4, 6, 7, 8, 10, 11, 12, 13, 14 and 16 survive.

You may request an export of Your Data before termination, and may request deletion after it, as described in our Privacy Policy.

16. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. The exclusive venue for any dispute is the state or federal courts located in Dallas County, Texas, and each party consents to that jurisdiction.

17. Changes to These Terms

We may update these Terms as the product develops or as the law requires. The effective date at the top of this page will change when we do. Where a change is material, we will give notice by email or in the product before it takes effect. Continuing to use the Services after that means you accept the updated Terms.

18. Contact Us

Questions about these Terms can be sent to info@peryard.com.

PerYard, LLC
Dallas–Fort Worth, Texas