Last updated: October 3, 2026

Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Magic Engineering, LLC (doing business as "Yard," "we," "us," or "our"). By accessing or using the Yard platform at yard.sh, you agree to be bound by these Terms. If you do not agree, do not use the platform.

2. Eligibility

You must be at least 18 years of age to use Yard. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. You are responsible for all activity under your account.

3. Account Registration

You may create an account using email registration or GitHub OAuth. You agree to:

Provide accurate and complete information during registration
Keep your account credentials secure and confidential
Notify us immediately of any unauthorized access to your account
Not share, transfer, or sell your account to another person

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Platform Description

Yard is a digital marketplace where sellers list and distribute software projects and buyers purchase licenses to use those projects. Yard operates as the merchant of record for all transactions, meaning payments are processed through Yard's payment infrastructure (powered by Stripe) on behalf of sellers. Yard is not the creator or publisher of third-party projects listed on the platform.

5. Seller Subscription Plans

5.1 Plan Tiers

Yard offers subscription plans for sellers that determine access to platform features. The current plans are:

Free: Basic selling features at no cost, including single-tier pricing per project.
Pro: Advanced features including multi-tier pricing, pre-orders, early access, coupons, license activation controls, free trials, gift purchasing, API access, and more. Pro is billed monthly or annually at the rates displayed on the Yard pricing page.

Feature availability for each plan is as displayed on the Yard pricing page at the time of subscription. Yard reserves the right to modify plan features with reasonable notice.

5.2 Billing & Renewal

Pro subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the billing cycle you select). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize Yard to charge your payment method on file for all applicable fees.

5.3 Cancellation

You may cancel your Pro subscription at any time from your account settings. Upon cancellation, your Pro features remain active until the end of your current billing period. After that, your account will revert to the Free plan. Projects with Pro-only configurations (such as multi-tier pricing or pre-order state) will remain in their current state but cannot be modified until you re-subscribe or adjust them to comply with Free plan limits.

5.4 Refunds for Subscriptions

Subscription fees are non-refundable except where required by applicable law.

6. Seller Terms

6.1 Content Ownership

Sellers retain all intellectual property rights in the projects they list on Yard. By listing a project, you grant Yard a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your project both on and off the platform (including social media, marketing materials, and featured project showcases) as necessary to operate and promote the marketplace.

6.2 Seller Obligations

As a seller, you agree to:

Only list projects you have the legal right to sell and distribute
Provide accurate project descriptions, pricing, and licensing terms
Comply with all applicable laws, regulations, and third-party agreements
Not list projects that infringe on third-party intellectual property
Respond to buyer inquiries and support requests in a reasonable manner
Use buyer email addresses shared through the platform only for project-related communications and never for unsolicited marketing without the buyer's separate consent

6.3 Prohibited Projects

The following projects are prohibited on Yard:

Malware, ransomware, spyware, or any software designed to cause harm
Projects that infringe copyrights, trademarks, patents, or trade secrets
Projects facilitating illegal activity
Projects that violate our payment processor's Restricted Businesses list
Counterfeit or misrepresented software

7. Buyer Terms

7.1 License Grant

When you purchase a project on Yard, you receive a license to use that project as specified by the seller's licensing terms. Unless otherwise stated by the seller, this is a non-exclusive, non-transferable license for personal or internal business use.

7.2 License Keys & Activation

Projects on Yard may use license keys and device-based activation to manage access. When applicable:

A unique serial number is issued for each license seat purchased
Sellers may set activation limits that restrict how many devices a single license can be used on simultaneously
You may deactivate devices from your Yard account dashboard to free up activation slots
Yard and/or the seller may track device identifiers to enforce activation limits

Specific activation limits and seat configurations are displayed on the project page at the time of purchase. Attempting to circumvent license activation restrictions is a violation of these Terms.

7.3 Restrictions

Unless explicitly permitted by the seller's license terms, you may not:

Redistribute, resell, or sublicense purchased projects
Reverse-engineer, decompile, or disassemble purchased projects
Remove or alter any proprietary notices or labels
Use purchased projects to create competing projects
Share, transfer, or sell license keys to third parties

7.4 Guest Checkout

Certain projects may be purchased without creating a Yard account via guest checkout. Guest purchases are associated with the email address provided at checkout. To manage license activations or access project updates, you may need to create a Yard account using the same email address.

During checkout, you may be asked whether you consent to sharing your email address with the seller. If you consent, the seller will receive your email address and may use it for project-related communications such as support, updates, and announcements. Sellers are prohibited from using your email for unrelated marketing. You may withdraw consent at any time by contacting us at legal@yard.sh.

8. Pre-Orders & Early Access

8.1 Pre-Order Projects

Sellers with a Pro subscription may list projects in a pre-order state. When you purchase a pre-order project:

You are purchasing a commitment from the seller to deliver the project upon release
The project may not yet be available for download at the time of purchase
Sellers may offer a discount for pre-order purchases as displayed on the project page

Pre-order projects must transition to Early Access or Published status within one (1) year of the first pre-order sale. If a project remains in pre-order state beyond one year, all pre-order funds will be automatically refunded to buyers.

8.2 Early Access Projects

Early access projects are available for download but are still under active development. Sellers may offer a discount for early access purchases. Early access projects must have at least one downloadable release available. By purchasing an early access project, you acknowledge that the project may be incomplete and subject to change.

8.3 Launch Stage Progression

Launch stages progress forward only: Draft, Pre-Order, Early Access, Published, Archived. A project cannot revert to a previous launch stage once it has advanced.

9. Pricing & Payments

9.1 Payment Processing

All payments are processed through our third-party payment processor. By making a purchase, you agree to the payment processor's Terms of Service. Yard acts as the merchant of record for all transactions.

9.2 Stripe Connected Account Agreement

Payment processing services for sellers on Yard are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these Terms or continuing to operate as a seller on Yard, you agree to be bound by the Stripe Services Agreement, as the same might be modified by Stripe from time to time. As a condition of Yard enabling payment processing services through Stripe, you agree to provide Yard accurate and complete information about you and your business, and you authorize Yard to share it and transaction information related to your use of the payment processing services provided by Stripe.

9.3 Platform Fee

Yard charges a platform fee of 4.9% + $0.50 per transaction, unless a different fee has been agreed upon in writing between Yard and the seller. This fee is deducted from the seller's earnings before payout. The applicable fee rate is recorded on each transaction for auditability.

9.4 Discount & Coupon Stacking

Projects may be subject to multiple discounts. Discounts are applied in the following order: (1) state-based discounts (pre-order or early access percentages set by the seller), then (2) coupon discounts. Coupons may be percentage-based or fixed-amount, and may have usage limits, expiration dates, or project-specific restrictions as configured by the seller. Yard reserves the right to void coupon codes obtained through fraud or abuse.

9.5 Taxes

Prices displayed may not include applicable taxes. Sales tax, VAT, or other taxes are calculated at checkout and are the responsibility of the buyer. Yard remits collected taxes to the appropriate authorities as required by law.

9.6 Currency

All prices are listed in US Dollars (USD). Currency conversion for international transactions is handled by your payment provider.

10. Seller Payouts

10.1 Payout Schedule

Seller earnings are paid out on a monthly basis. All funds from sales are held for a minimum of thirty (30) days from the date of the transaction before becoming eligible for payout. This hold period allows for refund processing and dispute resolution.

10.2 Pre-Order Fund Holding

Funds collected from pre-order sales are held until the project transitions to Early Access or Published status. Once the project leaves pre-order state, the standard 30-day hold period applies before funds become eligible for payout. If a pre-order project does not transition out of pre-order within one (1) year, all collected pre-order funds will be refunded to buyers.

10.3 Payout Methods

Payouts are processed through our payment processor's connected account infrastructure. You must have a valid, verified payment account (including a linked bank account) to receive payouts. Yard is not responsible for delays caused by your payment processor, banking institution, or incomplete account verification.

10.4 Payout Holds & Termination

Yard reserves the right to place a hold on pending payouts if we reasonably believe there is a risk of fraud, excessive refund requests, or a violation of these Terms. Upon account termination, any eligible funds remaining after the hold period and after deduction of any amounts owed to Yard (including refunds, chargebacks, and fees) will be disbursed in accordance with our standard payout schedule.

11. Free Trials & Gifts

11.1 Free Trials

Some projects offer free trial periods as specified by the seller. Trial access is granted for the duration stated on the project page. When a trial expires, access to the project is revoked and continued use requires purchasing the project. There is no automatic charge at the end of a trial. Trial availability is at the seller's discretion and may be modified or discontinued at any time.

11.2 Gift Purchases

Where enabled by the seller, projects may be purchased as gifts for other users. Gifts require a valid recipient email address. Gift recipients must activate their gift to gain access. A gift that is not activated within 90 days expires and the purchase is automatically refunded.

12. Affiliate Program

12.1 Participation

Yard users may generate affiliate links for projects listed on the platform. When a purchase is made through your affiliate link, you earn a commission as specified on the project's affiliate settings. Commission rates are set by the seller and may vary by project.

12.2 Commission Payments

Affiliate commissions are tracked per transaction and are subject to the same payout schedule and hold periods as seller earnings (see Section 10). Commissions are only earned on completed, non-refunded transactions. If a purchase made through your affiliate link is refunded, the corresponding commission is forfeited.

12.3 Prohibited Affiliate Practices

As an affiliate, you agree not to:

Use misleading, deceptive, or spammy methods to drive traffic through your affiliate links
Misrepresent your relationship with Yard or the seller
Generate fraudulent clicks, impressions, or purchases
Use affiliate links in violation of any applicable advertising laws or regulations
Bid on the seller's trademarks or brand terms in paid advertising without the seller's written consent

Yard reserves the right to revoke affiliate privileges, void commissions, and suspend accounts engaged in prohibited affiliate practices.

12.4 Tax Responsibility

Affiliate commissions may constitute taxable income. You are solely responsible for reporting and paying any taxes owed on your affiliate earnings. Yard may require tax identification information before processing affiliate payouts where required by law.

13. API Access

13.1 API Keys

Sellers with a Pro subscription may generate API keys to programmatically access certain Yard platform features, including project management, license validation, license activation, and release downloads. API keys are issued with specific permission scopes that limit what actions can be performed.

13.2 API Usage

You agree to:

Keep your API keys secure and treat them as confidential credentials
Not share API keys with unauthorized third parties
Use the API only for purposes consistent with these Terms and any applicable API documentation
Comply with any rate limits or usage restrictions communicated by Yard

Yard may revoke API keys at any time if we detect abuse, excessive usage, security concerns, or a violation of these Terms. API access is contingent on maintaining an active Pro subscription; downgrading to the Free plan will deactivate your API keys.

13.3 No SLA

The Yard API is provided on an "as is" basis. Yard does not guarantee any specific uptime, latency, or availability for API access and shall not be liable for any losses arising from API downtime or changes.

14. Third-Party Integrations

14.1 GitHub Integration

Yard offers integration with GitHub to enable automatic release syncing for seller projects. By connecting your GitHub account, you authorize Yard to access your repository data (including releases, release assets, and repository metadata) as necessary to sync project releases to the Yard platform. Your use of GitHub is subject to GitHub's Terms of Service.

14.2 Integration Availability

Yard is not responsible for outages, changes, or discontinuation of third-party services that may affect integrations. If a third-party integration becomes unavailable, your obligation to deliver projects to buyers remains in effect, and you are responsible for providing releases through alternative means.

15. Refunds & Disputes

15.1 Refund Eligibility

Due to the digital nature of projects on Yard, all sales are generally final. Refunds may be issued at Yard's discretion in the following circumstances:

The project is materially different from its description
The project is non-functional and the seller is unable to resolve the issue
Duplicate or accidental charges
A pre-order project that fails to transition out of pre-order state within one (1) year (refunded automatically)

15.2 Refund Impact on Sellers

When a refund is issued, the corresponding seller earnings and any affiliate commissions associated with the transaction are reversed. The platform fee for the refunded transaction is not returned to the seller.

15.3 Chargebacks

If you initiate a chargeback through your bank or card issuer, we reserve the right to suspend your account and revoke access to all purchased projects pending resolution. We encourage buyers to contact us at legal@yard.sh before initiating a chargeback.

15.4 Dispute Process

To request a refund or report a dispute, contact us at legal@yard.sh with your purchase details. We will review and respond within 10 business days.

16. Intellectual Property

16.1 DMCA Takedown

Yard respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe a project on Yard infringes your copyright, submit a takedown notice to legal@yard.sh including:

Identification of the copyrighted work claimed to be infringed
Identification of the infringing material and its location on Yard
Your contact information (name, address, email, phone)
A statement that you have a good faith belief the use is not authorized
A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
Your physical or electronic signature

16.2 Repeat Infringer Policy

We will terminate the accounts of users who are determined to be repeat infringers. A seller who receives three valid DMCA takedown notices within any 12-month period will have their account permanently suspended.

17. Prohibited Conduct

You agree not to:

Use Yard for any unlawful purpose or in violation of these Terms
Engage in fraud, impersonation, or misrepresentation
Upload or distribute malware, viruses, or other harmful code
Infringe upon the intellectual property rights of others
Attempt to gain unauthorized access to other accounts or systems
Scrape, crawl, or use automated tools to access the platform without permission
Interfere with or disrupt the platform's infrastructure
Harass, abuse, or threaten other users
Circumvent or manipulate the platform's fee structure
List or sell projects that fall under Stripe's restricted business categories
Circumvent license activation limits or share license keys in violation of the seller's terms
Generate fraudulent affiliate clicks, purchases, or commission activity

18. Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARD'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO YARD IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

IN NO EVENT SHALL YARD BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, REGARDLESS OF THE THEORY OF LIABILITY.

19. Indemnification

You agree to indemnify, defend, and hold harmless Magic Engineering, LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the platform, your violation of these Terms, or your infringement of any third-party rights.

20. Termination

20.1 Termination by Yard

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms, is harmful to other users or the platform, or is otherwise objectionable. Upon termination, your right to use the platform ceases immediately.

20.2 Termination by You

You may close your account at any time by contacting us at legal@yard.sh or through your account settings. Account closure does not affect any existing purchase obligations or entitle you to a refund of prior purchases or subscription fees.

20.3 Effect of Termination on Buyers

Upon termination, licenses granted to you for purchased projects remain in effect, but your access to download new copies or updates through the platform may be revoked. License activations on existing devices will continue to function, but you will not be able to activate new devices or manage activations through your Yard account.

20.4 Effect of Termination on Sellers

Upon account termination or closure, any pending seller earnings that have cleared the 30-day hold period will be disbursed per the standard payout schedule, less any amounts owed to Yard (including refunds, chargebacks, and fees). Active Pro subscriptions will be canceled. Projects will be delisted from the marketplace, but existing buyer licenses remain valid. API keys will be immediately revoked.

20.5 Survival

Sections relating to intellectual property, limitation of liability, indemnification, dispute resolution, and any payment obligations survive termination.

21. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

22. Dispute Resolution

22.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@yard.sh and attempt to resolve the matter informally for at least 30 days.

22.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms or your use of the platform shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in the State of Washington. The arbitrator's decision shall be final and binding.

22.3 Small Claims Exception

Either party may bring an individual action in small claims court in the State of Washington for disputes within that court's jurisdictional limits.

22.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION.

23. Changes to Terms

We may modify these Terms at any time. When we make material changes, we will update the "Last updated" date at the top of this page and, where appropriate, notify you via email or a notice on the platform. Your continued use of Yard after changes are posted constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the platform.

24. Contact Us

If you have questions about these Terms, contact us at:

Magic Engineering, LLC (DBA Yard)
Email: legal@yard.sh