Terms of service

Last Updated: January 31, 2026

TERMS OF SERVICE

This website is operated by Backyard At Ease, a division of Bedexx LLC. Throughout the site, the terms "we", "us", and "our" refer to Backyard At Ease. By accessing our website, purchasing products from us, or using our connected products and mobile applications, you agree to be bound by the following Terms of Service ("Terms"), including any additional policies referenced herein.

If you do not agree to all terms and conditions of this agreement, you may not access the website, use our services, or purchase our products.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services.

IMPORTANT NOTICE: Our products include Wi-Fi-enabled smart burners, bio-ethanol fireplaces, and fire-related equipment that involve open flames and combustible fuels. Please read Section 11 (Safety and Proper Use) carefully before purchasing or using any of our products.

1. ELIGIBILITY AND AGE RESTRICTIONS

By using this website and purchasing our products, you represent that:

You are at least 18 years of age
You are at least the age of majority in your state, province, or jurisdiction of residence
You have the legal authority to enter into this binding agreement
You are legally permitted to purchase and use fire-related products in your jurisdiction

Our products are intended for adult use only. Fire-related products must not be operated by or left accessible to children without direct adult supervision.

You agree not to use our products or services for any unlawful or unauthorized purpose. You must not transmit any malicious code, viruses, or software intended to disrupt or damage the website or services.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone, to the extent permitted by applicable law, for legitimate business reasons including:

Suspected fraud or payment disputes
Policy violations or terms of service breaches
Misuse of our products or services
Safety concerns or improper use of fire-related products
Violation of export restrictions or applicable laws

Your content (excluding payment information) may be transmitted unencrypted across networks. Payment information is always encrypted during transmission.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the website, services, mobile applications, or proprietary software without our express written permission.

3. ACCURACY OF INFORMATION

We strive to provide accurate and up-to-date information, but we do not guarantee that all content on the site is complete, current, or error-free. Information provided is for general purposes only and should not be relied upon as the sole basis for purchasing decisions.

Product specifications, descriptions, images, and compatibility information are subject to change. Always verify product details, dimensions, fuel requirements, ventilation needs, and safety specifications before purchasing.

We reserve the right to correct errors or update information at any time without prior notice.

4. PRICING AND SERVICE MODIFICATIONS

Prices for products are subject to change without notice. We may modify, discontinue, or update products, services, or connected features at any time. Such changes will not affect orders that have already been accepted and shipped.

For connected products and cloud services, we reserve the right to modify features, functionality, or pricing with reasonable notice (see Section 9 for connected product terms).

5. PRODUCTS AND ORDERS

Some products may be available exclusively online and may have limited availability. All purchases are subject to our Return & Refund Policy, which forms an integral part of these Terms.

Product images and descriptions are provided for illustrative purposes. We do not guarantee that your device's display will accurately represent product colors, dimensions, or details. Actual products may vary slightly from images shown.

We reserve the right to limit quantities, refuse orders, or cancel orders that appear to be placed by:

Unauthorized resellers, dealers, or distributors
Customers with a history of payment disputes or policy violations
Orders that may pose safety or security concerns
Orders to jurisdictions where products cannot be legally shipped

Order acceptance is confirmed when we send a shipping confirmation email. We reserve the right to decline orders prior to acceptance.

6. BILLING AND ACCOUNT INFORMATION

You agree to provide accurate, current, and complete billing and contact information for all purchases. This includes:

Full legal name
Valid email address and phone number
Accurate shipping address
Valid payment method information

We may attempt to contact you if an order requires verification, correction, or clarification. Failure to provide accurate information or respond to verification requests may result in order cancellation.

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

7. SHIPPING, DELIVERY, AND INSPECTION

Shipping times displayed on product pages are estimates and not guaranteed delivery dates. Delays may occur due to factors outside our control, including:

Manufacturing schedules and production delays
Freight carrier availability and routing
Supply chain disruptions
Weather-related issues or natural disasters
Customs processing for international orders

Customers are responsible for inspecting shipments upon delivery. Delivery inspection requirements, damage reporting procedures, freight damage claims, and return eligibility are governed by our Return & Refund Policy.

Title and risk of loss pass to you upon delivery to the carrier.

Orders are typically processed within 1–3 business days.

Estimated delivery times:

5–10 business days for parcel shipments

7–21 business days for freight shipments

We offer a 30-day return window for eligible items.
See our Return & Refund Policy for details.

8. PRODUCT WARRANTIES

Manufacturer Warranties:
Products are covered by manufacturer warranties as described in product documentation, user manuals, and warranty cards included with your purchase. Warranty terms, duration, and coverage vary by product and manufacturer.

To initiate a warranty claim, contact us at support@backyardatease.com with:

Proof of purchase (order number or receipt)
Product model and serial number
Detailed description of the defect or issue
Photos or videos demonstrating the problem

Warranty Exclusions:
Manufacturer warranties do not cover:

Damage from misuse, abuse, negligence, or improper operation
Modifications, alterations, or unauthorized repairs
Normal wear and tear or cosmetic damage
Damage from improper installation or failure to follow instructions
Use contrary to safety guidelines or user manual instructions
Damage from external factors (power surges, lightning, weather, fire, water damage, etc.)
Damage from use of non-recommended fuels or accessories
Commercial use of residential products (unless specified otherwise)
Products purchased from unauthorized resellers

Warranty Service:
Warranty service may include repair, replacement, or refund at the manufacturer's discretion. We will facilitate warranty claims but are not directly responsible for manufacturer warranty fulfillment.

DISCLAIMER OF IMPLIED WARRANTIES:
EXCEPT AS EXPRESSLY PROVIDED IN PRODUCT-SPECIFIC WARRANTIES, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL PRODUCTS 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, OR NON-INFRINGEMENT.

Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.

9. CONNECTED PRODUCTS, MOBILE APPLICATIONS, AND SMART HOME FEATURES

Our Wi-Fi-enabled smart burners, bio-ethanol fireplaces, and related connected products offer remote control, monitoring, and automation features through our mobile applications and cloud services.

Mobile Application License:
We grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our mobile application on compatible devices you own or control, solely for personal, non-commercial use.

You may not:

Reverse engineer, decompile, or disassemble the application or firmware
Modify, adapt, or create derivative works from our software
Distribute, sublicense, rent, lease, or lend the application
Remove or alter any proprietary notices or labels
Use the application for any unlawful purpose
Attempt to gain unauthorized access to our systems or other users' accounts

System Requirements:
Connected features require:

A compatible mobile device with iOS or Android operating system
A stable Wi-Fi internet connection (2.4 GHz or 5 GHz as specified by product)
A Backyard At Ease user account
Acceptance of our Privacy Policy and mobile app terms

Service Availability and Uptime:

We strive to maintain high availability for connected services but do not guarantee uninterrupted, error-free, or secure operation
Cloud services, remote access, and mobile app features may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control
Scheduled maintenance will be announced in advance when possible
We are not liable for service interruptions, connection failures, or data loss

Software Updates and Modifications:

We may release software updates, firmware updates, and feature modifications at any time
Updates may be applied automatically to maintain security, performance, and compatibility
Updates may add, modify, or remove features
Continued use of connected products after updates constitutes acceptance of modifications
You may be required to accept updates to continue using certain features

Service Modifications and Discontinuation:

We reserve the right to modify, suspend, or discontinue connected features, cloud services, or mobile app functionality with 30 days' advance notice when reasonably possible
If we permanently discontinue cloud services for a product line, we will provide at least 90 days' advance notice
Basic manual operation (non-connected features) will continue to function after cloud service discontinuation
We may offer migration paths, discounts, or trade-in options for newer products when services are discontinued
No refunds will be provided for discontinued services, except as required by law

Third-Party Smart Home Integrations:
Our products may integrate with third-party platforms including Amazon Alexa, Google Home, Apple HomeKit, and other smart home systems. Use of these integrations is subject to the third party's terms of service and privacy policies. We are not responsible for third-party platform functionality, availability, or data practices.

Your Responsibilities for Connected Products:

Maintain secure Wi-Fi network credentials and password protection
Keep your mobile app updated to the latest version
Protect your account credentials and do not share them with unauthorized users
Follow all safety instructions and user manuals
Do not attempt to modify device firmware, hardware, or security features
Ensure your home network has adequate security (WPA2 or WPA3 encryption recommended)
Disconnect products from Wi-Fi if you suspect unauthorized access

Data Collection and Privacy:
Connected products collect operational data, usage information, and device telemetry as described in our Privacy Policy. By using connected features, you consent to data collection, processing, and storage as outlined in our Privacy Policy.

10. INSTALLATION AND PROFESSIONAL SERVICES

Professional Installation Requirements:
Certain products may require or recommend professional installation by a licensed contractor, electrician, or HVAC technician. Product descriptions, user manuals, and safety documentation will specify installation requirements.

You are responsible for:

Determining whether professional installation is required or advisable
Hiring qualified, licensed professionals when needed
Ensuring installation complies with all applicable building codes, fire codes, electrical codes, and local regulations
Obtaining necessary permits before installation
Verifying that installation location meets product requirements (ventilation, clearances, structural support, etc.)

User Installation:
If you choose to install products yourself:

You assume all risks associated with installation
You must follow all instructions in the user manual exactly
You must ensure compliance with all local codes and regulations
Improper installation may void warranties and create serious safety hazards
We strongly recommend consulting with licensed professionals for gas, electrical, or structural work

We are not responsible for:

Installation errors or improper installation
Code violations or permit issues
Damage or injury resulting from improper installation
Costs associated with correcting improper installation

11. SAFETY AND PROPER USE

CRITICAL SAFETY NOTICE:

Our products include bio-ethanol fireplaces, smart burners, and fire-related equipment that involve OPEN FLAMES and COMBUSTIBLE FUELS. Improper use, installation, or maintenance can result in SERIOUS INJURY, DEATH, or PROPERTY DAMAGE including fire, burns, carbon monoxide poisoning, and explosions.

Mandatory Safety Requirements:

Before using any of our fire-related products, you MUST:

Read and understand all safety instructions, warnings, and user manuals completely
Ensure adequate ventilation as specified in product documentation
Maintain required clearances from combustible materials (walls, furniture, curtains, etc.)
Use ONLY recommended fuels (bio-ethanol fuel as specified by manufacturer)
Never use gasoline, kerosene, diesel, or other unauthorized fuels
Install working smoke detectors and carbon monoxide detectors in accordance with local fire codes
Keep a fire extinguisher readily accessible (Type ABC recommended)
Comply with all local building codes, fire codes, and safety regulations
Never leave burning products unattended
Keep children and pets at a safe distance from operating products

Prohibited Uses and Dangerous Activities:

You must NEVER:

Use products indoors without adequate ventilation
Use products in bedrooms, bathrooms, or sleeping areas (unless specifically approved for such use)
Refuel products while burning or when hot
Move products while burning or containing fuel
Use damaged, leaking, or malfunctioning products
Modify, alter, or repair products without manufacturer authorization
Use products under the influence of alcohol, drugs, or medications that impair judgment
Leave products unattended while burning
Use products near flammable liquids, gases, or materials
Block ventilation openings or air intakes
Exceed maximum fuel capacity or burn time specifications
Use products in high-wind conditions or unstable locations

User Responsibilities and Acknowledgments:

By purchasing and using our products, you acknowledge and agree that:

You are solely responsible for safe installation, operation, and maintenance
You understand the risks associated with open flame products and combustible fuels
You will follow all safety instructions, warnings, and operational guidelines
You will supervise use around children, pets, and vulnerable individuals
You will inspect products regularly for damage, wear, or malfunction
You will discontinue use immediately if products malfunction or show signs of damage
You accept full responsibility for injuries or damages resulting from misuse, improper installation, or failure to follow safety guidelines

FAILURE TO FOLLOW SAFETY INSTRUCTIONS AND WARNINGS MAY RESULT IN SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. WE ARE NOT LIABLE FOR INJURIES, DAMAGES, OR LOSSES RESULTING FROM MISUSE, IMPROPER INSTALLATION, FAILURE TO FOLLOW SAFETY GUIDELINES, OR USE CONTRARY TO INSTRUCTIONS.

Emergency Procedures:

In case of emergency:

Call 911 or your local emergency number immediately
Evacuate the area if fire cannot be safely extinguished
Use a fire extinguisher only if trained and safe to do so
Never use water on fuel fires

For product safety concerns or to report incidents, contact: support@backyardatease.com or +1 (270) 770-3553

12. THIRD-PARTY LINKS AND SERVICES

Our website and mobile applications may contain links to third-party websites, services, or platforms including:

Payment processors
Shipping carriers
Smart home platforms (Amazon Alexa, Google Home, Apple HomeKit)
Social media websites
Product review platforms
Manufacturer websites

We are not responsible for:

The content, accuracy, safety, or practices of third-party sites or services
Privacy policies or data collection practices of third parties
Availability, functionality, or security of third-party platforms
Products, services, or information provided by third parties

Use of third-party services is at your own discretion and risk. We encourage you to review the terms of service and privacy policies of any third-party sites or services you access.

13. USER SUBMISSIONS, REVIEWS, AND FEEDBACK

Product Reviews and Ratings:
You may submit product reviews, ratings, photos, or other content through our website or third-party platforms. By submitting content, you represent that:

You have personally used or experienced the product
Your review is honest, accurate, and based on your genuine experience
You are not affiliated with competitors or paid to submit reviews
Your content does not violate third-party rights or contain unlawful material

License to User Content:
By submitting reviews, feedback, suggestions, photos, or other content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content for any purpose, including marketing, product development, and customer testimonials.

We reserve the right to:

Remove, edit, or refuse to publish any content at our discretion
Remove reviews that violate our guidelines or appear fraudulent
Use your feedback and suggestions without obligation to compensate you

You retain ownership of content you submit but are responsible for ensuring your submissions do not infringe third-party intellectual property rights, privacy rights, or other legal rights.

14. PERSONAL INFORMATION AND PRIVACY

Your submission of personal information through our website, mobile applications, and connected products is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using our services and products, you consent to:

Collection, use, and disclosure of personal information as described in our Privacy Policy
Data collection from connected products and mobile applications
Transfer of data to third-party service providers as outlined in our Privacy Policy

15. INTELLECTUAL PROPERTY RIGHTS

All content on this website, mobile applications, and firmware, including text, graphics, logos, images, software, and design elements, is the property of Backyard At Ease, Bedexx LLC, or our licensors and is protected by United States and international copyright, trademark, and intellectual property laws.

You may not:

Copy, reproduce, or distribute our content without written permission
Use our trademarks, logos, or brand elements without authorization
Reverse engineer or attempt to extract source code from our applications or firmware
Create derivative works based on our intellectual property

Nothing in these Terms grants you any right, title, or interest in our intellectual property except for the limited licenses expressly stated herein.

16. ERRORS, INACCURACIES, AND OMISSIONS

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information at any time without prior notice. This includes:

Pricing errors (including incorrect promotional prices)
Product descriptions or specifications
Availability or inventory information
Shipping cost calculations

If a pricing error is discovered after you place an order, we will:

Contact you to offer the correct price or cancellation
Cancel orders with significant pricing errors if we cannot reach you
Provide a full refund if you choose not to accept the corrected price

We are not obligated to honor orders placed with incorrect pricing or product information resulting from errors, even after order confirmation.

17. PROHIBITED USES

You may not use this website, mobile applications, or products:

For any unlawful purpose or in violation of any local, state, national, or international law
To infringe upon intellectual property rights of Backyard At Ease or third parties
To transmit malware, viruses, or any code intended to disrupt or damage systems
To attempt unauthorized access to our systems, networks, or other users' accounts
To interfere with or disrupt the security, integrity, or operation of our services
To impersonate another person or entity
To harvest or collect information about other users
To send spam, unsolicited communications, or fraudulent messages
To engage in fraudulent transactions or payment disputes
To resell products in violation of manufacturer restrictions or our policies
To use products commercially if sold for residential use only
To modify, tamper with, or defeat safety features of products

Violations may result in:

Immediate termination of account access
Cancellation of orders and denial of future service
Legal action and cooperation with law enforcement
Liability for damages caused by prohibited activities

18. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DISCLAIMER OF WARRANTIES:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR WEBSITE, SERVICES, MOBILE APPLICATIONS, CLOUD SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
TITLE
ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION
CORRECTION OF DEFECTS OR ERRORS

We do not warrant that:

Our website or mobile applications will meet your requirements
Connected services will be available at all times without interruption
Defects will be corrected promptly
Our services or servers are free from viruses or harmful components
Information provided is accurate, complete, or current

LIMITATION OF LIABILITY:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACKYARD AT EASE AND BEDEXX LLC, INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, AND SUPPLIERS, SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, OR USE
PROPERTY DAMAGE OR PERSONAL INJURY (EXCEPT WHERE CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT)
DAMAGES ARISING FROM USE OR INABILITY TO USE OUR PRODUCTS OR SERVICES
DAMAGES ARISING FROM THIRD-PARTY CONDUCT OR CONTENT
DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DATA
DAMAGES ARISING FROM SERVICE INTERRUPTIONS OR CONNECTED PRODUCT FAILURES
DAMAGES ARISING FROM PRODUCT DEFECTS, MALFUNCTIONS, OR SAFETY INCIDENTS (SUBJECT TO WARRANTY PROVISIONS)

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

19. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Backyard At Ease, Bedexx LLC, and our officers, directors, employees, affiliates, agents, contractors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

Your use or misuse of our website, services, mobile applications, or products
Your violation of these Terms of Service
Your violation of any third-party rights, including intellectual property, privacy, or safety rights
Improper installation, operation, or maintenance of products
Failure to follow safety instructions, warnings, or user manuals
Use of products in violation of applicable laws or regulations
Any content you submit or transmit through our services
Any injury, death, or property damage caused by your use of products

This indemnification obligation will survive termination of these Terms and your use of our services.

20. DISPUTE RESOLUTION

Informal Resolution:
Before initiating formal legal proceedings or arbitration, you agree to contact us at support@backyardatease.com to attempt to resolve disputes informally. We will work in good faith to resolve concerns amicably within 30 days.

Governing Law:
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

Arbitration Agreement (Binding for U.S. Customers):
Any disputes, claims, or controversies arising from these Terms or your use of our products or services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules, except where prohibited by law.

Arbitration Terms:

Arbitration will be conducted in New Castle County, Delaware, or via telephone/video conference if you reside more than 100 miles away
The arbitrator's decision will be final and binding
Each party will bear its own costs and attorney's fees unless the arbitrator awards them to the prevailing party
Arbitration will be conducted on an individual basis, not as a class action

Class Action Waiver:
YOU AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. You waive any right to participate in class actions against us, except where such waivers are prohibited by law.

Exceptions to Arbitration:
The following disputes are not subject to arbitration:

Claims brought in small claims court (up to jurisdictional limits)
Claims for injunctive or equitable relief to protect intellectual property rights
Claims related to product safety recalls mandated by government agencies

Opt-Out of Arbitration:
You may opt out of this arbitration agreement by sending written notice to us within 30 days of first accepting these Terms. Your notice must include your name, address, order number (if applicable), and a clear statement that you wish to opt out of the arbitration agreement. Send to:

Backyard At Ease - Arbitration Opt-Out
254 Chapman Rd, Ste 208 #23140
Newark, DE 19702, United States

If you opt out, disputes will be resolved in state or federal courts located in Delaware, and you consent to the jurisdiction of such courts.

Severability of Arbitration Provision:
If any part of this arbitration agreement is found unenforceable, the remainder shall remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration agreement shall be void.

21. EXPORT COMPLIANCE AND INTERNATIONAL USE

You agree to comply with all applicable export and import laws, including regulations administered by the U.S. Department of Commerce, U.S. Department of Treasury, and other governmental authorities.

Our products may not be exported, re-exported, or transferred to:

Countries subject to U.S. trade embargoes or sanctions
Individuals or entities on restricted party lists (including the U.S. Treasury Department's Specially Designated Nationals List)
End-uses prohibited by U.S. export regulations

By purchasing products, you represent that:

You are not located in, under the control of, or a national or resident of any restricted country
You are not on any list of prohibited or restricted parties
You will not use products for any prohibited end-use

We make no representation that products or website content are appropriate or available for use in all locations. If you access our website or use products from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

22. PRODUCT RECALLS AND SAFETY NOTICES

In the event of a product recall, safety alert, or corrective action:

We will make reasonable efforts to notify affected customers via email, website notices, or other available means
You agree to cooperate with recall procedures and return or repair instructions
Remedies for recalled products will be determined by applicable laws and manufacturer policies
You are responsible for monitoring recall notices and registering products when requested

To check for recalls or safety notices, visit:

Our website: backyardatease.com
U.S. Consumer Product Safety Commission: cpsc.gov
National Fire Protection Association: nfpa.org

Report product safety concerns to: support@backyardatease.com or +1 (270) 770-3553

23. FORCE MAJEURE

We shall not be liable for failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to:

Acts of God (earthquakes, floods, fires, storms, natural disasters)
War, terrorism, civil unrest, or government actions
Pandemics, epidemics, or public health emergencies
Labor disputes, strikes, or lockouts
Supply chain disruptions or material shortages
Utility failures, internet outages, or telecommunications failures
Acts or omissions of third-party service providers
Government regulations, orders, or restrictions

During force majeure events, our performance obligations will be suspended for the duration of the event. We will make reasonable efforts to resume normal operations as soon as practicable.

24. SEVERABILITY

If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent, or if modification is not possible, it shall be severed entirely.

25. WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to in writing by us.

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

26. ASSIGNMENT

You may not assign, transfer, or sublicense these Terms or any rights or obligations hereunder without our prior written consent.

We may assign these Terms, in whole or in part, to any affiliate, subsidiary, successor, or purchaser of our business or assets without restriction and without notice to you.

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

27. ENTIRE AGREEMENT

These Terms of Service, together with:

Our Privacy Policy
Our Return & Refund Policy
Our Shipping Policy
Product-specific warranties and documentation
Any additional terms presented at the time of purchase or use

constitute the entire agreement between you and Backyard At Ease regarding your use of our website, services, and products, and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral.

In the event of any conflict between these Terms and other policies, these Terms shall control unless explicitly stated otherwise.

28. SURVIVAL

The following sections shall survive termination of these Terms:

Section 8 (Product Warranties - for warranty period)
Section 13 (User Submissions - license grants)
Section 15 (Intellectual Property Rights)
Section 18 (Disclaimer of Warranties and Limitation of Liability)
Section 19 (Indemnification)
Section 20 (Dispute Resolution)
Any other provisions that by their nature should survive termination

29. TERMINATION

These Terms remain in effect unless and until terminated by you or us.

Termination by You:
You may terminate your account and discontinue use of our services at any time by:

Ceasing use of our website, mobile applications, and services
Requesting account deletion by contacting support@backyardatease.com
Uninstalling our mobile applications from your devices

Termination by Us:
We may suspend or terminate your access to our website, services, or mobile applications immediately, without prior notice or liability, for any reason, including:

Violation of these Terms of Service
Suspected fraudulent, abusive, or illegal activity
Extended periods of inactivity
Requests by law enforcement or government agencies
Discontinuation of services

Effects of Termination:
Upon termination:

Your right to use our website, services, and mobile applications ceases immediately
You must cease all use of our intellectual property
You remain liable for all obligations incurred prior to termination
Sections designated to survive termination remain in effect
Product warranties remain valid according to their terms
You may lose access to connected product features that require cloud services

Termination does not affect:

Orders already placed and shipped
Your obligations under these Terms that by their nature should survive
Our rights to pursue remedies for breaches occurring before termination

30. CONTACT INFORMATION AND CUSTOMER SUPPORT

For questions about these Terms of Service, our products, or to exercise your rights, please contact us:

Backyard At Ease (backyardatease.com)
(a division of Bedexx LLC)

Mailing Address:
254 Chapman Rd, Ste 208 #23140
Newark, DE 19702, United States

Customer Service:
Email: support@backyardatease.com
Phone: +1 (270) 770-3553
Business Hours: Monday–Friday, 9:00 AM – 5:00 PM EST

For specific inquiries:

Order status and shipping: Include order number
Warranty claims: Include product model, serial number, and proof of purchase
Technical support: Include product model and description of issue
Privacy requests: Include "Privacy Request" in subject line
Arbitration opt-out: Mark envelope "Arbitration Opt-Out"

31. CHANGES TO TERMS OF SERVICE

We reserve the right to update, modify, or replace these Terms of Service at any time at our sole discretion. Changes may be made to reflect:

Changes in applicable laws or regulations
Updates to our products, services, or business practices
New features or functionality
Clarifications or corrections to existing terms

Notification of Changes:
We will provide notice of material changes by:

Posting the updated Terms on this page with a new "Last Updated" date
Sending an email notification to the address associated with your account
Displaying a prominent notice on our website or mobile application
Providing in-app notifications for mobile app users

Your Rights Regarding Changes:

You are responsible for reviewing these Terms periodically
Continued use of our website, services, or products after changes are posted constitutes acceptance of the updated Terms
If you do not agree to updated Terms, you must discontinue use of our services
For material changes affecting existing orders or warranties, previous Terms may apply to those transactions

Effective Date:
Changes become effective immediately upon posting unless otherwise specified. For significant changes, we may provide a grace period before new terms take effect.

32. ACKNOWLEDGMENT AND ACCEPTANCE

BY ACCESSING OUR WEBSITE, CREATING AN ACCOUNT, PLACING AN ORDER, USING OUR MOBILE APPLICATIONS, OR USING OUR PRODUCTS, YOU ACKNOWLEDGE THAT:

You have read, understood, and agree to be bound by these Terms of Service
You have read and agree to our Privacy Policy and Return & Refund Policy
You meet the eligibility requirements including minimum age of 18
You understand the risks associated with fire-related products
You will follow all safety instructions and use products responsibly
You consent to electronic communications and disclosures
You agree to the dispute resolution and arbitration provisions (unless you opt out)
You accept the limitations of liability and warranty disclaimers

If you do not agree to these Terms, you must not use our website, services, or products.

IMPORTANT SAFETY REMINDER:

Our products involve open flames and combustible fuels. Always prioritize safety. Read all instructions carefully before use. Never leave burning products unattended. Keep children and pets away from operating products. Install smoke and carbon monoxide detectors. Follow all local fire codes and safety regulations.

For emergencies, call 911 immediately.

For product safety questions: support@backyardatease.com or +1 (270) 770-3553

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