Terms of Service

Effective Date: May 8, 2026 Last Updated: May 8, 2026 Version: 1.0

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Important: These Terms include a binding arbitration agreement and a class-action waiver in Section 18. Please read those provisions carefully — they affect your legal rights.

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1. Agreement

These Terms of Service ("Terms") form a binding agreement between you ("you," "your," or "User") and Landscaper Agent LLC, a Tennessee limited liability company ("Company," "we," "us," or "our"), governing your access to and use of the Landscaper Agent platform — the website at landscaperagent.com, the application at app.landscaperagent.com, the mobile or desktop applications, and all related services (collectively, the "Service").

By creating an account, clicking "I agree," or using the Service, you accept these Terms. If you do not agree, do not use the Service.

If you are accepting these Terms on behalf of a business or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Eligibility

To use the Service, you must:

• Be at least 18 years old.
• Have the legal capacity to enter into a binding contract.
• Not be barred from using the Service under applicable law.
• Use the Service only for legitimate business purposes related to landscape contracting and adjacent services.

The Service is intended for business use, not for personal or household use. You may not use the Service to manage personal household tasks or non-commercial projects.

3. Your Account

3.1 Registration

You agree to provide accurate, current, and complete information during registration and to keep it updated. You are responsible for maintaining the confidentiality of your password and for all activity under your account.

3.2 Team Members

If you invite team members or grant other people access to your account, you remain responsible for their use of the Service and for ensuring they comply with these Terms. You represent that you have the authority to grant them access to the data they will see.

3.3 Account Security

Notify us immediately at support@landscaperagent.com if you suspect unauthorized access to your account. We are not liable for losses arising from your failure to safeguard your credentials.

4. Subscription, Billing, and Cancellation

4.1 Subscription Plans

The Service is offered on a subscription basis under the plans posted at landscaperagent.com. Plan features, prices, and limits may change. We will give you at least 30 days' notice before any price increase that affects an active subscription, and the change will take effect at your next renewal.

4.2 Free Trial

If you sign up for a free trial, you may use the Service without charge for the trial period stated at signup. At the end of the trial, your subscription will automatically convert to a paid plan unless you cancel before the trial ends.

4.3 Auto-Renewal

Subscriptions automatically renew at the end of each billing period (monthly or annually, as you select) until you cancel. By signing up, you authorize us and our payment processor to charge your payment method on file for each renewal.

4.4 Payment

Payment is processed by Stripe, Inc. By providing payment information, you represent you are authorized to use the payment method and you authorize charges for the subscription you select. You are responsible for all applicable taxes other than taxes on our net income.

4.5 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@landscaperagent.com. Cancellation takes effect at the end of the current billing period — you retain access through that date.

4.6 Refunds

Subscription fees are non-refundable. This applies to both monthly and annual plans, including any unused portion of a paid annual term. We do not provide refunds or credits for partial billing periods, unused features, or downgrade, except where required by law. If you believe your account has been charged in error, contact us within 30 days of the charge and we will review in good faith.

4.7 Failed Payments

If a payment fails, we may retry the charge, suspend access, or terminate the subscription. Continued non-payment may result in account closure and data deletion per Section 14.

5. The Service

5.1 What We Provide

We provide a software platform that helps landscape contracting businesses manage clients, properties, jobs, schedules, quotes, invoices, communications, photo libraries, AI-assisted design and proposal generation, and related operational functions.

5.2 Updates and Changes

We may add, modify, or remove features at any time. We will not materially reduce core functionality of a paid plan without notice. We may also temporarily suspend the Service for maintenance, security, or unforeseen issues.

5.3 Service Availability

We aim for high availability but do not guarantee uninterrupted access. The Service is provided on an "as available" basis. We are not liable for any downtime, data loss, or interruption except as expressly stated in these Terms.

5.4 Beta Features

Some features may be labeled "beta," "preview," or "early access." These are provided as-is, may change without notice, and may be discontinued. They are excluded from any service-level expectations and from any warranty.

6. AI Features and Disclaimer

6.1 AI-Generated Content

The Service includes features that use artificial intelligence to generate content, including but not limited to: design renders, proposal text, plant care guidance, pricing suggestions, marketing copy, social-media posts, and AI-assisted estimates. These features rely on third-party AI providers, currently including Anthropic, PBC and OpenAI, L.L.C.

6.2 No Guarantees

AI-generated content may contain errors, inaccuracies, fabrications, or information that is unsafe to rely on without verification. AI features are tools to assist your work, not substitutes for professional judgment.

You are solely responsible for:

• Reviewing and verifying AI-generated content before relying on it.
• Reviewing and verifying AI-generated content before sending it to clients, customers, or third parties.
• Independently confirming pricing, plant species, soil and climate compatibility, code requirements, and any factual claim before acting on it.
• Ensuring AI-generated content is appropriate for your jurisdiction and intended use.

6.3 No Professional Advice

AI-generated content does not constitute professional landscaping, horticultural, engineering, legal, financial, or any other professional advice. The Service is not a substitute for licensed professional consultation when one is appropriate or required.

6.4 Use of Prompts and Outputs

You retain ownership of the prompts you submit and the outputs you receive. You grant us a non-exclusive, royalty-free license to use de-identified, aggregated information derived from your AI interactions to operate, secure, and improve the Service. We do not use your prompts or outputs to train third-party AI models without your explicit instruction.

7. User Content and Data

7.1 Your Content

"User Content" means any data, text, photos, files, business records, client information, or other materials you submit, upload, or generate through the Service.

You retain all rights to your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process it solely as needed to provide the Service to you and as described in our Privacy Policy.

7.2 Your Responsibilities

You represent and warrant that:

• You own or have the necessary rights to all User Content you submit.
• Your User Content does not violate any law, third-party right, or these Terms.
• You have obtained all necessary consents from your clients, employees, and others whose information you upload, sufficient for the Service to process that information on your behalf.
• You will not upload User Content that is unlawful, defamatory, infringing, harassing, sexually explicit, or otherwise prohibited by our Acceptable Use Policy.

7.3 Backups

We maintain operational backups of the Service but do not guarantee that any specific User Content can be recovered after deletion, account closure, or technical failure. You are responsible for maintaining your own backups of critical business data.

8. Communications and SMS (TCPA)

8.1 Communications We Send to You

By creating an account, you consent to receive transactional and account-related communications from us via email at the address you provide, including signup confirmations, billing receipts, security alerts, service updates, and policy changes. These are required for account operation and cannot be opted out of without closing your account.

If you opt in at signup, we may also send you product news, tips, and marketing emails. You can opt out of these at any time via the unsubscribe link.

8.2 SMS to You

If we send SMS messages to your registered phone number (e.g., for two-factor authentication or operational alerts), you may receive messages at standard message and data rates. Reply STOP to opt out at any time. Reply HELP for help.

8.3 Communications You Send to Your Customers (Critical)

The Service includes features that allow you to send SMS, email, and other communications to your own clients, leads, and prospects ("End Recipients"). When you use these features:

• You are the sender of those communications. We act only as a transmission tool. The Telephone Consumer Protection Act ("TCPA"), CAN-SPAM Act, and similar federal and state laws govern such communications.

• You represent and warrant that you have obtained all required consents from each End Recipient before sending any communication through the Service, including without limitation: prior express written consent for SMS marketing, prior express consent for SMS auto-dialed/pre-recorded calls, and any consent required under state-specific laws.

• You are solely responsible for compliance with TCPA, CAN-SPAM, state mini-TCPA laws, do-not-call lists, opt-out requests from End Recipients, and all other laws governing the communications you send.

• You must honor opt-out requests immediately. If an End Recipient replies STOP or otherwise asks not to be contacted, you must cease sending to that recipient through the Service and any other channel.

• You agree to indemnify us for any claim, loss, or fine arising from your communications to End Recipients (see Section 16).

We may suspend or terminate your access to communication features if we receive complaints, opt-out volume spikes, or evidence of non-compliant sending. We may also share data with our SMS provider (Twilio) and law enforcement as required by their policies and applicable law.

9. Data Processing Addendum

9.1 Roles

When you upload information about your clients, leads, employees, or other individuals into the Service ("End Personal Data"), you act as the controller (or a comparable role under applicable law) of that data, and we act as your processor.

9.2 Our Obligations as Processor

We will:

• Process End Personal Data only on your documented instructions and as needed to provide the Service.
• Maintain reasonable technical and organizational security measures (described in our Privacy Policy).
• Ensure personnel with access to End Personal Data are bound by confidentiality.
• Engage subprocessors (listed in our Privacy Policy) under terms substantially similar to these.
• Notify you without undue delay of any confirmed security incident affecting End Personal Data.
• Assist you with reasonable requests to fulfill data-subject rights, security obligations, and impact assessments under applicable law.
• Upon termination of your account, delete or return End Personal Data per Section 6 of our Privacy Policy.

9.3 Your Obligations as Controller

You will:

• Have, and maintain, a lawful basis to provide End Personal Data to us.
• Provide notice and obtain consent from End Personal Data subjects as required by law.
• Honor data-subject rights requests directed at you.
• Configure your use of the Service in compliance with applicable law.

This Section 9 constitutes a Data Processing Addendum sufficient for typical SMB use of the Service. Larger customers may request a separately signed DPA — contact legal@landscaperagent.com.

10. Crew Features and Employee Monitoring

The Service includes features that may collect data about your employees and contractors, including but not limited to: timesheet entries, GPS coordinates at clock-in and clock-out, photos at job sites, and job-completion records ("Crew Data").

You acknowledge and agree that:

• You are the employer of your team. Disclosure obligations, consent requirements, and labor-law compliance for monitoring employees rest with you.
• You will provide written notice to each affected employee or contractor of the data the Service collects and how it is used, where required by federal, state, or local law (including but not limited to laws of California, New York, Connecticut, Delaware, Texas, and Illinois).
• You will obtain any consent required under applicable biometric, geolocation, or workplace-monitoring laws.
• We do not collect biometric data. The Service does not use facial recognition, fingerprint data, voiceprints, or other biometric identifiers as those terms are defined in the Illinois Biometric Information Privacy Act ("BIPA"), the Texas Capture or Use of Biometric Identifier Act, or similar laws.

You agree to indemnify us for any claim arising from your failure to provide required notices, obtain required consents, or comply with employment, biometric, or workplace-monitoring laws.

11. Third-Party Integrations

The Service offers optional integrations with third-party services (e.g., Stripe, Twilio, Jobber, Resend, Anthropic, OpenAI). Your use of those third-party services is governed by the third party's own terms and privacy policy, not by us.

We are not responsible for the availability, accuracy, security, or behavior of any third-party service. If a third-party service changes, becomes unavailable, or terminates, the corresponding integration may stop working, and we may discontinue it.

12. Acceptable Use

You agree to use the Service in accordance with our Acceptable Use Policy ("AUP"), incorporated by reference. The AUP prohibits, among other things, unauthorized access, reverse engineering, abuse of AI features, sending of unsolicited communications, and use of the Service to violate the law.

Violation of the AUP is a material breach of these Terms.

13. Intellectual Property

13.1 Our IP

The Service, including all software, design, text, graphics, and brand elements, is owned by us or our licensors and is protected by copyright, trademark, and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms.

13.2 Your IP

You retain ownership of your User Content as described in Section 7.

13.3 Feedback

If you send us suggestions, feedback, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use that Feedback for any purpose, with no obligation to you.

14. Termination

14.1 Termination by You

You may terminate your account at any time via account settings or by contacting support@landscaperagent.com.

14.2 Termination by Us

We may suspend or terminate your account, without notice, if:

• You materially breach these Terms or the AUP.
• Your payment fails and is not corrected after reasonable retries.
• We are required by law or governmental order.
• Your use of the Service exposes us, our subprocessors, or other users to legal, security, or operational risk.
• We discontinue the Service or a feature you depend on.

14.3 Effect of Termination

Upon termination, your right to access the Service ends. We will retain and delete your data per the schedule in our Privacy Policy. Sections that by their nature should survive termination (including Sections 6, 7, 9, 10, 13, 15-21) survive.

15. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. We do not warrant that AI-generated content will be accurate, complete, suitable for your purpose, or free from errors. We do not warrant the accuracy of pricing, plant data, or any reference data displayed in the Service.

Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the above exclusions apply to the maximum extent permitted.

16. Indemnification

You agree to indemnify, defend, and hold harmless Landscaper Agent LLC, its affiliates, officers, employees, and agents from and against any claim, loss, damage, fine, judgment, cost, or expense (including reasonable attorneys' fees) arising from or related to:

• Your use of the Service.
• Your User Content or your communications to End Recipients.
• Your violation of these Terms or the AUP.
• Your violation of any law, regulation, or third-party right (including but not limited to TCPA, CAN-SPAM, biometric, employment, and workplace-monitoring laws).
• Any claim by an employee, contractor, client, or other third party arising from your use of the Service.

We will give you reasonable notice of the claim and reasonable cooperation in the defense, and you will not settle any claim that imposes obligations on us without our prior written consent.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(A) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(B) OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

These limitations apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow the limitation or exclusion of certain damages; in those jurisdictions, our liability is limited to the maximum extent permitted by law.

18. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

18.1 Informal Resolution

Before initiating arbitration, you agree to first contact us at legal@landscaperagent.com and describe the dispute, providing reasonable detail. We will attempt in good faith to resolve the dispute within 60 days.

18.2 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, before a single arbitrator. The arbitration will take place in Nashville, Tennessee, or another mutually agreeable location, or by video conference.

The arbitrator's decision will be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

18.3 Small-Claims Carve-Out

Either party may bring an individual action in small-claims court for disputes within that court's jurisdiction.

18.4 Class-Action Waiver

YOU AND WE AGREE THAT ANY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

18.5 30-Day Opt-Out

You may opt out of this Section 18 by sending written notice to legal@landscaperagent.com within 30 days of first accepting these Terms. The notice must include your name, account email, and a clear statement that you wish to opt out of arbitration. If you opt out, the rest of these Terms continue to apply.

18.6 Survival

This Section 18 survives termination of these Terms.

19. Governing Law and Venue

These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. Subject to Section 18, the state and federal courts located in Tennessee have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction in those courts.

20. Notices

Notices to us must be sent to legal@landscaperagent.com and to c/o Northwest Registered Agent Inc., 116 Agnes Rd, Ste 200, Knoxville, TN 37919 by mail. Notices to you may be sent to the email address on your account or posted within the Service, and are deemed received when sent or posted.

21. General

21.1 Entire Agreement

These Terms, together with the Privacy Policy and the Acceptable Use Policy, constitute the entire agreement between you and us regarding the Service and supersede prior agreements on the same subject matter.

21.2 Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you in advance via the Service or by email. Continued use of the Service after the effective date of an updated version constitutes acceptance of the changes. If you do not agree to a change, your sole remedy is to stop using the Service and close your account.

21.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.4 No Waiver

A failure to enforce any provision of these Terms does not waive our right to enforce it later.

21.5 Assignment

You may not assign or transfer these Terms or any of your rights without our prior written consent. We may assign these Terms without restriction in connection with a merger, acquisition, financing, or sale of assets.

21.6 Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, internet failures, attacks, and government actions.

21.7 Relationship

These Terms do not create any partnership, joint venture, agency, or employment relationship between you and us.

21.8 Headings

Section headings are for convenience only and do not affect interpretation.

22. Contact Us

Landscaper Agent LLC c/o Northwest Registered Agent Inc., 116 Agnes Rd, Ste 200, Knoxville, TN 37919

General support: support@landscaperagent.com Legal notices: legal@landscaperagent.com Privacy requests: privacy@landscaperagent.com