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Terms of Service

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Terms of Service

Last Updated Mar 2022

Please read these Terms of Use (“AGREEMENT” (also known as “TERMS OF USE”) carefully prior to using the website Mobile applications, APPLICATIONS FOR MOBILE, AND Services offered by services79, INC. and its subsidiaries (COLLECTIVELY, “COMPANY”). This Agreement outlines the legally binding terms and conditions for your use of the website at www.services79.com and MOBILE APPLICATIONS and the services provided by COMPANY (COLLECTIVELY”SERVICES”) “SERVICES”).

If you are a visitor or lawn care professional or a lawn-care recipient (visitor or lawn care professional and lawn care receiver all collectively, “users” or “you”) By using these Services in any way such as but not restricted to browsing or visiting the Services and browsing the Services, you agree to accept the terms of this Agreement as well as the other terms, conditions as well as policies that are referenced in this Agreement and/or accessible through hyperlinks. This Agreement is applicable to everyone who uses the Services. In the event that you’re a lawn-care professional You will be required to accept additional conditions that govern your use of the Company platform and the provision of lawn-care services.

If you have any questions, please refer to the help section of the Services or contact us at [email protected]

1. Company is a Platform

Company serves as a platform that allows lawn care professionals who abide with the company’s guidelines to connect with users looking for lawn maintenance services. The company does not have any direct involvement in transaction between users. Therefore, Company is not in control of the quality of lawn care services offered by lawn care companies or the accuracy or truth of the information supplied by users, or the capacity of lawn care experts to provide lawn care services quickly and in a timely manner, if they even have the ability to do so.

The company cannot ensure the real authenticity of the identity, age or the nationality of a user. Company encourages users and users to communicate directly with the tools available through the Services. You might also want to think about independent verification or a third-party provider which offers additional verification of users. While lawncare professionals are legally bound to have adequate insurance in order to provide the Services, Company cannot guarantee this therefore you should confirm with every lawncare professional you hire.

You acknowledge that Company is an online platform and, as such, is not responsible nor accountable for any lawn-care products or content uploaded by users like you or other third parties through the Services. The access to the Services is entirely at you own risk.

2. Membership Eligibility

Services are only available to, and are only able to be used by those who are 18 or older and who are legally binding agreements under the law applicable to them. You warrant and represent to be at minimum 18 years old and that the registration information that you provide is correct and true. The Company is entitled to, in it’s sole decision, decline to grant access to or access to or use of the Services anyone or entity and may change the eligibility requirements at anytime. This clause is null and void where legal restrictions apply as well as the rights to use the Services is terminated in the respective regions.

Users who are under 18 should at all times access the Services in the presence of an adult or guardian that is at least 18 years old. In all instances it is the adult who users and accountable for all actions.

You agree to adhere to any local laws regarding conduct online and content that is acceptable. Additionally, you agree to follow the policies of the Company that are outlined in this Agreement and in the Privacy Policy and all other operational rules, policies, and procedures released from time to time within these Services by Company, each of which is incorporated in this Agreement as a reference, and all of which could be amended by Company at any time, without prior notice to you.

Furthermore, certain services provided by Company could have additional terms or conditions imposed by Company or another third party. Your access to those products is subject to additional conditions and terms, which are integrated into this Agreement by reference.

Keep your password secure. You are accountable for all actions or damage that resulted due to your inability to protect your password. You agree to immediately inform Company of any misuse of your password, or of any security breach. You acknowledge that Company is not and will not be held responsible for any damage or loss due to your inability to secure your password. You agree not to disclose your password and username information in conjunction with any third party that is not Company without Company’s explicit written consent.

Your account must be kept information current and accurate in all times, which includes an email address that is valid.

Services are not accessible for permanently or temporarily banned users. Company retains the option, at its absolute discretion to terminate accounts that are not confirmed or inactive. The Company is entitled to deny service to anyone regardless of the reason at any time.

3. Prohibited, Questionable and Infringing Activities

You are responsible for your actions and conduct in connection with the Services and any information you upload, provide, upload, submit and display on the Services.

Your use of Company’s services is not a way to:

  • could be incorrect, false, or deceiving;
  • Infringe on the intellectual property rights of a third-party or rights of publicity , privacy rights;
  • Do not comply with the terms of this Agreement or any website policy or community guidelines or any applicable law or ordinance, statute, or regulation;
  • be illegally threatening, harassing, impersonating or intimidating anyone (including Company staff or other users) or falsely declare or misrepresent your relationship with any other person, by, for instance, the use of a similar names, emails or creating a fake account(s) or other method or device.
  • do anything that could affect the credibility of online reviews or feedback.
  • be vulgar and contain pornographic material for children and
  • include or send any codes that is destructive in nature that could damage the system, cause harm to it the integrity of, or even steal any data, system or personal information.

4. License Grant & Restrictions

The Company provides you with a non-exclusive and non-transferable right to access the Services exclusively for private, non-commercial uses in accordance with these terms and conditions set forth in this Agreement. Any rights not explicitly provided to you remain with Company and its licensors. Company and its licensing partners. You shall not (i) license or sublicense or sell, resell, transfer and distribute, or in any other way commercially exploit or provide to any third-party any of the Services in any manner; (ii) modify or create derivative works on any of the Services; (iii) create Internet “links” to the Services; (iv) reverse engineer the Services; (v) access the Services to (a) create a competitor item or service (b) create a new product that is based on similar ideas, features, or images of the Services or (c) duplicate any of the ideas, features or functions from the Services or (vi) start an automatized program or script such as, but not limited to web crawlers, spiders web robots web indexers, web spiders bots, viruses, worms, or any other program that can generate many server requests per second, or that overburdens or interferes with the operation or performance on the Services.

5. Payment Terms

The Company’s fees could charge you for Services are due at the time of the conclusion of your lawn care service. These fees are non-refundable. This policy of no refund applies to all times, regardless of whether you decide to stop using the service or the decision of the Company to stop your usage interruption to our Services or our Services, whether it was accidental, planned or deliberate, or for any reason. The Company is free to determine the final price Note that the pricing information on the site might not reflect current prices. The Company is able to, at its own discretion, can make promotional offers that have different characteristics and rates to all customer. These offers, unless they are made directly to you, not have any bearing on the terms of your contract or offer. The Company could change the prices for our Services at any time we determine appropriate to run our business. We recommend that you check regularly on our website in case you’re interested in the cost we charge for our Services.

6. Intellectual Property Ownership

The Company all by itself (and its licensors, if appropriate) is the sole owner of all rights in title, interest and rights, including all intellectual property rights in and related to the Services. This agreement is not a sale , and does not confer on you any ownership rights for or in connection with the Services as well as any rights to intellectual property held or controlled by the Company. The Company name and The Company logo, and any names of the products that are associated with Services Services are trademarks owned by the Company or third party companies, and no license or right is granted to make use of these trademarks.

7. Personal Information

In the course of using these services, users can get personal information, such as email addresses and other information by contacting other Users. If you do not have permission prior to this, the person who provided the information, it is only used for Service-related communication. The Company hasn’t given you permission to use the data to send commercial messages that are not solicited or for transactions that are not authorized. In addition without the explicit consent of the user, you aren’t authorized to include any Company users to your email list or physical mail list. For more details, refer to the privacy policies of the company. Policy.

When you use the Services You agree to be contact via Company for any and all purposes. Company in connection with any purposes that arise from or related to the subject matter of this Agreement or the Services in this Agreement, via any number or email address you supply or at where you can be reachable. You acknowledge that the Company could contact you in any manner such as informational text (SMS) messages, calls made using artificial voice or prerecorded messages as well as messages and calls made using an auto dialing systems or an automated texting system. You agree to receive SMS messages (including texts) as well as calls and messages (including artificial and prerecorded voice or automated dialing) by Company at the Company at the particular number(s) you have given to the Company or numbers that which the Company could reasonably identify with Your Account (through skip trace or caller ID or other methods) and provide you with information or queries regarding this Agreement or the Services. You confirm, warrant and warrant that the phone numbers that you have given to the Company are your actual contact numbers. You agree that You are able to receive calls at any number you have given for the Company. You agree to immediately notify the Company anytime you stop calling from a particular number. You acknowledge that your mobile or cellular phone provider could be charged according to the plan you have.

8. Feedback

Company will consider any uninvited suggestions of ideas, concepts, proposals or other information that users submit to it through Services (“Feedback”) Services (“Feedback”) as non-proprietary and confidential and Company is not liable for the use or disclosure in any Feedback. If, upon request by Company the user provides feedback to help improve or improve the Services, Company will also consider the Feedback non-proprietary and non-confidential, and Company is not responsible for the use or disclosure or disclosure of any Feedback. Any communication that you make in writing to Company must be in compliance with this Agreement. You are hereby granting and agreeing to give Company the entirety of your rights with respect to the Feedback and any other Feedback, a worldwide non-exclusive, perpetual irrevocable, royalty-free and fully-paid sublicensable and transferable right and license to incorporate, utilize the Feedback, publish it and use it for Feedback at any time, whether commercial or otherwise, with no compensation or any accounting to you, and without any further recourse from you.

9. Information Control

The Company has no control over the data provided by users. It is possible to find certain information shared from users as harmful, offensive or inaccurate. There are also the risks of dealing with minors or those who are acting under false pretenses. There could also be risks when dealing with foreign citizens. When you use the Services you consent to assume these risks and agree that Company (and its officers directors agents and joint ventures, subsidiaries, and employees) are not accountable for any and all actions or omissions made by those who use the Services.

The Company is not accountable for the content of external websites or other resources that are which are linked or referenced on the Services. The Company does not endorse or approve of and is not responsible for any information, advertisements merchandise, or any other information accessible from these websites or sources. You acknowledge that Company cannot be liable or responsible directly or indirectly for any loss or damage that is caused or claimed to result from or related to the use or reliance upon any content products or services that are available via any other website or resource.

10. Access and Interference

Company may include robot exclusion headers, which include internal guidelines for the use of software. The majority of the information available on Company is constantly updated and is confidential or licensed to Company from third-party users or by other users. You agree to not employ any kind of robot, spider scraper, computer or any other automated method in order to gain access to the Services to any purpose in any way, unless explicitly authorized by Company. Furthermore, you agree you are not permitted to:

  • undertake any action that places or could impose at Company’s discretion excessive or unreasonably heavy load on the Company’s infrastructure;
  • Copy, reproduce, alter or create derivative works from the original source, or distribute or display publicly any information about the user (except the information you own);
  • interfere disrupt the normal functioning in the Services or any activity that is that are conducted through the Services hinder or attempt to disrupt the functioning of the Services or any activities conducted on the Services
  • to bypass the Company’s robot exclusion headers , or other measures Company might employ to block or limit access to the Services.

11. Breach

Without limiting other remedies, Company may, without notice, delete any post by a user, inform the community of the company of an individual’s acts, give a notification to users who is suspended or terminated temporarily the user’s account, block users from accessing the Services and take any other legal and technical measures to stop the user from using or accessing the Services and deny access to the Services to the user if Company (1) suspects that a user has violated the terms of this Agreement as well as privacy Policy, (2) is incapable of verifying or authenticating any of your personal data or (3) reasonable believes that the user’s actions could result in financial or legal loss to the user or Company.

12. Privacy

In addition to the terms of the Privacy Policy, Company will not sell or share your personal information to any third parties without your consent. Company manages and stores data on servers owned by Amazon Web Services that are secured by physical as well and technological safeguards.

13. No Warranty

COMPANY, COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND COMPANY’S SUPPLIERS PROVIDE COMPANY’S THE SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY, COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COMPANY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Limitation of Liability

IN NO EVENT WILL COMPANY, OR COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COMPANY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

COMPANY’S LIABILITY, AND THE LIABILITY OF COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

15. Indemnity

You agree to indemnify and keep the Company and its parent affiliates, subsidiaries officers, directors agents, employees, and officers of any claims or demands, which may include attorneys fees, that are made from any other third-party arising out of or arising from your violation the terms of these Agreement or your infraction of any applicable law or rights of a third-party.

16. No Guarantee

Company does not warrant continuous availability of the Services and the functioning of the Services could be affected due to a variety of causes beyond Company’s control.

17. Dispute Resolution and Release

The Company does not have any responsibility for any of your encounters with others, including but not limited to the limitation of any dispute that arises due to any harm caused to the Lawncare recipient and their belongings by the Lawncare Professional. Any disagreement between you and another user has to be settled between you. The company reserves the right, but not the obligation to investigate disputes between users.

In the event of a disagreement with the Company:

You agree to settle any dispute that arises out of or in connection with any aspect of or relating to this Agreement or the violation, termination, enforcement of, or interpretation thereof or your usage or use of Services (collectively, “Disputes”) are resolved through arbitral binding agreement between the Company with the exception that each party has the possibility of filing any individual case in small-claims court as well as rights to obtain injunctive and other equitable relief before the court of competent jurisdiction to stop the potential or actual infringement an individual’s intellectual property rights. You acknowledge and accept that you as well as the Company both waive the right to jury trial or be a part of plaintiffs or as a group in any purported representative or class action. Furthermore, unless both of parties, you as well as the Company are in agreement in writing the arbitrator is not able to combine more than one person’s claims, and is not able to orally preside over any type of a representative or class proceeding. If this specific clause is found to be unenforceable, the entire “Dispute Resolution” section will be declared null and void. Except for the provisions in the previous paragraph this “Dispute Resolution” section will continue to be valid in the event of a termination or expiration of the Agreement.

It will be handled through the American Arbitration Association (“AAA”) according to the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in force, unless changed in the “Dispute Resolution” section. This section of the Federal Arbitration Act will govern the interpretation and implementation the provisions of this Section.

A party that wishes to seek arbitration must supply an alternate party an official Demand for Arbitration in accordance with the requirements within the AAA Rules. The arbitrator must be retired judges or an attorney who is licensed legally in Texas and will be chosen between the two parties from AAA’s list of arbitrators for consumer disputes. If the parties fail to reach an agreement on an arbitrator within seven days of the delivery of the Demand to Arbitration The AAA will select an arbitrator in accordance with the AAA Rules.

If your along with the Company otherwise agree that the arbitration is held in the county in which you live. If your claim is in no way exceed the amount of $10,000 it will take place on the basis of the documents that you and the Company provide to the arbitrator in the event that you request an hearing, or the arbitrator decides the hearing to be required. If your claim is greater than $10,000 and you are entitled to hearing will be decided according to your rights under the AAA Rules. In accordance with these AAA Rules, the arbitrator is free to require a fair exchange of information between parties, in accordance with the speedy nature in the hearing.

The arbitrator is required to render an award in the period stipulated by the AAA Rules. The arbitrator’s decision will comprise the main findings and conclusions on which the arbitrator made the award. A judgment on the arbitrator’s award is possible in any court with the jurisdiction to do so. The arbitrator’s award of damages must be in accordance with the requirements in the “Limitation of Liability” section below with respect to the types and amounts that a party can be held accountable. The arbitrator can grant injunctive or declaratory relief only for the person seeking relief and only in the extent that it is necessary to grant relief based on the claimant’s personal claim.

The responsibility for paying all AAA processing, admin, and arbitration fees is your sole responsibility according to the AAA Rules.

Notwithstanding the provisions of the modification-related provisions above, if the Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject these changes by providing us written notice of your rejection by mail or hand delivery to: services79, Inc., 814 San Jacinto Blvd Suite 202 Austin, TX 78701, or by email from the email address associated with your Account to: [email protected], within 30 days of the date the change became effective, as indicated in the “Last update” date above. For the notice to be effective the notice must contain your complete name and clearly express your decision to oppose changes to the “Dispute Resolution” section. In rejecting any modifications, you agree that you will resolve any Dispute between you and Company according to the terms of the “Dispute Resolution” section as from the date that you first signed this Agreement (or agreed to any subsequent modifications to this Agreement).You waive the Company (and the Company’s officers, directors agents and subsidiaries, joint ventures, and their employees) from all claims or demands (actual as well as consequential) of any type and kind, whether known as well as undiscovered, suspected and undiscovered, not disclosed or reported due to or in any way associated to disputes between one or more of your users or with an outside party.

18. Miscellaneous

If any provision in this Agreement is found to be unenforceable or invalid, the provision will be changed to reflect the intent of the parties. All other terms of this Agreement remain in full in force and effect. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Company is entitled to alter or end Services at any time without notice at anytime. This Agreement is enforced and interpreted conformity with the laws of the State of Texas, including its conflict of law rules. Any disagreement arising out of or related to the topic of this Agreement is subject to the sole jurisdiction and jurisdiction of the Federal and state courts in Travis County, Texas. If not specifically stated the notices must be in writing and are considered to have been properly delivered when they are personally delivered or sent via registered or certified mail with a return receipt being requested; or when receipt is confirmed electronically or transmitted via electronic mail or facsimile, or on the day following the date the date of delivery or if it is sent for next day delivery via a the recognized overnight delivery services. Electronic notices should be sent to [email protected] The provisions in this Agreement that by nature are intended to last beyond the termination of this Agreement, including, but not limited to, limitations the warranty disclaimers, ownership provisions in addition to indemnity and limitations on liability.

The Company is entitled to amend this Agreement as well as any other policies at anytime, so be sure to go through the policies often. If Company changes its policies in a significant way, Company will notify you of the change here via email, via a notice on our homepage or any other place Company believes is appropriate. What is an “material change” will be determined by Company’s own discretion, acting in good faith, making use of common sense and reasonable judgement.