Terms of Service

1. Acceptance of Terms

By accessing or using the LawnSwap platform ("Platform"), including any associated websites, mobile applications, APIs, or services operated by Take A Call LLC ("LawnSwap," "we," "us," or "our"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not access or use the Platform.

1.1. You must be at least 18 years of age, located in the United States, and have the legal capacity to enter into a binding contract to use the Platform.

1.2. If you use the Platform on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" refer to both you individually and the entity you represent.

1.3. PLEASE READ SECTION 17 (DISPUTE RESOLUTION AND BINDING ARBITRATION) CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, SUBJECT TO THE OPT-OUT RIGHT DESCRIBED THERE.

2. Definitions

The following terms have specific meanings throughout these Terms:

• "Platform" refers to the LawnSwap website, applications, and all related services.
• "Homeowner" refers to a property owner or authorized occupant who posts a property to request lawn or landscaping services through the Platform.
• "Landscaper," "Company," or "Service Provider" refers to an independent lawn care or landscaping business registered on the Platform that submits bids and performs services directly for Homeowners.
• "Listing"refers to a Homeowner's posted request for services, including the property's general area, service needs, and bid window.
• "Bid"refers to a sealed, per-visit price and offer submitted by a Landscaper in response to a Listing. Landscapers cannot see one another's Bids.
• "Reveal"refers to the point at which a Homeowner selects a winning Bid and pays the Reveal Fee to unlock the winning Landscaper's identity and contact information and to share the property address with that Landscaper.
• "Reveal Fee" refers to the one-time fee a Homeowner pays to LawnSwap at Reveal, calculated as a percentage of the chosen per-visit Bid as described in Section 6.
• "Per-Visit Payment"refers to a payment a Homeowner makes for a completed or scheduled service visit, processed through the Platform's payment processor where that feature is enabled.
• "Platform Fee" refers to the fee LawnSwap charges on Per-Visit Payments as described in Section 6.
• "Service Area" refers to the geographic region in which a Landscaper offers services, as defined on the Platform.

3. Account Registration and Verification

3.1. To use certain features, you must create an account and provide accurate, complete, and current information.

3.2. Landscapers are required to represent that they hold all licenses, permits, bonding, and insurance required to perform the services they offer, and may be asked to submit supporting documentation. LawnSwap may, but is not obligated to, review such documentation. Any review LawnSwap performs is a limited documentary check and is not an endorsement, certification, or guarantee. See Section 8.

3.3. LawnSwap reserves the right to reject, suspend, or terminate any account at our sole discretion, including accounts that provide inaccurate information or fail to meet our requirements.

3.4. Each business entity may maintain only one Landscaper account. Creating multiple accounts for the same business is prohibited.

3.5. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately of any unauthorized use.

4. Nature of the Service; LawnSwap Is Not a Provider

4.1. LawnSwap is a neutral online marketplace and technology platform that helps Homeowners and independent Landscapers find and connect with one another through competitive, sealed bidding. LawnSwap is a venue and introduction service only.

4.2. LawnSwap does not provide lawn care or landscaping services. We do not perform, supervise, direct, control, schedule, inspect, or guarantee any services. All services are provided by independent Landscapers who are not employees, agents, partners, joint venturers, or representatives of LawnSwap. LawnSwap is not a party to, and is not a contractor, subcontractor, general contractor, broker, or employer with respect to, any agreement or service between a Homeowner and a Landscaper.

4.3. LawnSwap does not guarantee the accuracy of any Listing, Bid, profile, rating, review, or other user-supplied content, the quality, safety, legality, or timeliness of any services, the qualifications, licensing, or insurance of any Landscaper, or that any Homeowner or Landscaper will actually enter into or complete a transaction.

4.4. All Bids and prices are set solely by Landscapers. LawnSwap does not set, recommend, or control the prices at which services are offered or performed. Homeowners are free to choose, or decline to choose, any Bid.

4.5. Any interaction, agreement, scheduling, performance, payment, or dispute relating to actual services is solely between the Homeowner and the Landscaper. You use the Platform, and engage with other users, at your own risk.

5. How the Marketplace Works

1. A Homeowner posts a Listing describing the services they want, the general area of the property, and a bid window. To protect privacy, the exact address is not shared with Landscapers before Reveal.
2. Licensed and insured Landscapers (as represented by them) submit sealed, per-visit Bids before the window closes. Landscapers cannot see each other's Bids.
3. The Homeowner compares Bids together with ratings and reviews and may select a winning Bid, or select none.
4. When the Homeowner selects a winning Bid, the Homeowner pays the Reveal Fee (Section 6). At that point the winning Landscaper's identity and contact information are unlocked and the property address is shared with that Landscaper.
5. The Homeowner and Landscaper then connect directly to schedule and perform services. Per-Visit Payments are made through the Platform where that feature is enabled.

5.1. Selecting a Bid and paying the Reveal Fee unlocks an introduction. It does not create any contract between you and LawnSwap for services, and it is not a guarantee that the Landscaper will accept the work, perform it, or perform it to any standard. The terms of any actual service are agreed directly between the Homeowner and the Landscaper.

6. Payments, Fees, and Stripe

6.1. Payment Processing (Stripe)

All payments on the Platform are processed by our third-party payment processor, Stripe, including through Stripe Connect. LawnSwap does not store full payment card numbers. By using the Platform to make or receive payments, you agree to be bound by the applicable Stripe Connected Account Agreement and Stripe Services Agreement, and you authorize LawnSwap and Stripe to charge, collect, hold for settlement, transfer, and disburse funds as described in these Terms. Landscapers receiving payouts must onboard with Stripe and provide the information Stripe requires for identity verification and tax reporting. Stripe, not LawnSwap, is responsible for the payment-processing services it provides.

6.2. Fees

LawnSwap charges the following fees. All fees are stated in U.S. dollars and exclusive of taxes:

• Landscaper subscription: $39.99 per month for Platform access. Founding companies may receive a free introductory period. Subscriptions renew automatically until cancelled and are charged in advance. Cancellation stops future renewals; already-paid subscription fees are non-refundable except where required by law.
• Homeowner Reveal Fee: a one-time fee equal to twenty-five percent (25%) of the chosen per-visit Bid, charged when the Homeowner selects a winning Bid and unlocks the winning Landscaper. The exact dollar amount is shown to the Homeowner before payment is completed.
• Platform Fee on Per-Visit Payments: where on-Platform service payments are enabled, the Homeowner pays an additional five percent (5%) of each per-visit Bid amount. The Landscaper receives the Bid amount less standard payment-processing fees charged by Stripe.

We may modify our fees on at least thirty (30) days' prior notice posted on the Platform or sent to registered users. Continued use after the effective date constitutes acceptance of the modified fees.

6.3. The Reveal Fee and Refunds

The Reveal Fee pays for the service LawnSwap actually provides: unlocking the winning Landscaper's identity and contact information and facilitating the introduction. Because that service is delivered immediately and in full at Reveal, the Reveal Fee is generally non-refundable, except as follows or where a refund is required by applicable law:

• Duplicate or erroneous charge: if you are charged more than once for the same Reveal, or charged due to a technical error, we will refund the duplicate or erroneous amount.
• Landscaper unreachable or unwilling: if, within seven (7) days after Reveal, the winning Landscaper is unresponsive, declines the work, or is unable to perform, you may request from LawnSwap, at our discretion, either a refund of the Reveal Fee or a one-time credit to reveal another Bid on the same Listing at no additional Reveal Fee.

Refund requests must be submitted to LawnSwap within thirty (30) days of the charge. The Reveal Fee is not refundable based on the quality, timing, pricing, or outcome of services the Landscaper performs or fails to perform; those matters are between the Homeowner and the Landscaper.

6.4. Per-Visit Service Payments

Where enabled, Per-Visit Payments are processed through Stripe. The Homeowner authorizes LawnSwap, through Stripe, to charge the Homeowner the Bid amount plus the Platform Fee for each visit, and to remit the Bid amount (less Stripe processing fees) to the Landscaper. Authorization of, scheduling of, and satisfaction with each visit is determined between the Homeowner and the Landscaper. Disputes about whether a visit occurred or was performed adequately are between those parties; LawnSwap may, but is not required to, assist in good faith.

6.5. No Escrow; LawnSwap Holds No Funds

LawnSwap does not operate an escrow, does not act as a bank, money transmitter, or fiduciary, and does not hold customer funds on its own behalf. Payment flows are handled by Stripe under its agreements. LawnSwap collects the Reveal Fee and Platform Fee as compensation for the Platform and facilitates settlement of Per-Visit Payments to Landscapers through Stripe. Nothing in these Terms makes LawnSwap a party to the underlying service transaction.

6.6. Chargebacks and Disputed Payments

If you initiate a chargeback or payment dispute, we may suspend your account pending resolution and may recover amounts owed, including associated fees, through any lawful means. Initiating a chargeback for services actually rendered, or to evade fees properly owed, is a breach of these Terms.

6.7. Taxes

You are solely responsible for determining and fulfilling all tax obligations arising from your use of the Platform, including income, self-employment, and sales taxes. LawnSwap does not provide tax advice and is not responsible for your tax compliance. LawnSwap or Stripe may issue tax forms (such as IRS Form 1099-K) as required by law.

7. Relationship of the Parties; Independent Contractors

7.1. Landscapers are independent businesses. Nothing in these Terms or in the operation of the Platform creates any employment, agency, partnership, joint venture, franchise, or fiduciary relationship between LawnSwap and any user, or between any two users.

7.2. Landscapers alone control how, when, and by whom their services are performed, including their tools, equipment, employees, subcontractors, methods, and pricing. LawnSwap exercises no control over the means or manner of any service.

7.3. The contract for any service is formed directly between the Homeowner and the Landscaper. They are free to set their own additional terms. An optional service-agreement template may be made available as a convenience; it is not legal advice, is not binding on LawnSwap, and LawnSwap is not a party to it.

8. Licensing, Insurance, and Verification Disclaimer

8.1. LawnSwap requires Landscapers to represent that they are licensed and insured as applicable to the services they offer. These representations are made by the Landscapers themselves. Any verification LawnSwap performs is a limited review of documents the Landscaper provides and may not be current, complete, or accurate.

8.2. LawnSwap does not independently guarantee, certify, or warrant that any Landscaper is in fact licensed, bonded, insured, qualified, or fit to perform any service, and does not conduct criminal background checks on users.Statements on the Platform that Landscapers are "licensed and insured" describe our requirement and the Landscapers' representations, not an independent guarantee by LawnSwap.

8.3. Homeowners are responsible for independently confirming a Landscaper's licensing, insurance, references, and suitability before allowing work to begin. LawnSwap is not liable for any misrepresentation by a Landscaper or for any act or omission of any user.

9. Assumption of Risk and Release

9.1. You understand that the Platform connects you with third parties whom LawnSwap does not control, and that dealing with other users carries risk. You assume all risks arising from your use of the Platform and from any interaction, communication, transaction, or service with another user, including risks of property damage, theft, personal injury, financial loss, nuisance, nonperformance, or unsatisfactory work.

9.2. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE AND DISCHARGE LAWNSWAP AND ITS OWNERS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, AND LIABILITIES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE ACTS OR OMISSIONS OF ANY HOMEOWNER OR LANDSCAPER, (B) ANY SERVICE PERFORMED OR NOT PERFORMED, (C) PROPERTY DAMAGE, THEFT, OR INJURY OCCURRING IN CONNECTION WITH A SERVICE, OR (D) ANY DISPUTE BETWEEN USERS. THIS RELEASE DOES NOT APPLY TO LIABILITY THAT CANNOT BE WAIVED UNDER APPLICABLE LAW.

9.3. LawnSwap may, but is not obligated to, help mediate disputes between users as a courtesy. Any such assistance does not make LawnSwap a party to the dispute or liable for its outcome.

10. Fees and Anti-Circumvention

10.1. You agree not to use the Platform to identify or connect with another user and then arrange the same or a substantially similar engagement off-Platform for the purpose of avoiding the Reveal Fee or Platform Fee. This does not restrict any ongoing, direct relationship a Homeowner and Landscaper choose to continue after a legitimate Reveal.

10.2. Creating fake Listings or Bids, manipulating the bidding process, or using the Platform to harvest other users' information for off-Platform solicitation is prohibited.

10.3. Violations may result in suspension or termination of your account, assessment of fees that were evaded, and other remedies available at law or in these Terms.

11. Prohibited Conduct

You agree not to:

• Post false, misleading, or fraudulent Listings, Bids, profiles, or reviews, or misrepresent your identity, licensing, or insurance
• Manipulate reviews, ratings, or the bidding process
• Maintain multiple accounts for the same business entity
• Harass, threaten, defame, or discriminate against any person
• Circumvent, disable, or interfere with fees, payment processing, or Platform security
• Offer or request services you are not legally permitted to provide or receive
• Violate any applicable federal, state, or local law, including Tennessee and Alabama business and consumer-protection regulations
• Use the Platform for money laundering or any unlawful purpose
• Scrape, reverse engineer, overload, or gain unauthorized access to the Platform or its data
• Collect or use another user's personal information except as necessary to perform a legitimately arranged service

12. User Content and Reviews

12.1. You retain ownership of the content you submit, including Listings, photos, videos, profile information, and reviews ("User Content"). You grant LawnSwap a non-exclusive, worldwide, royalty-free, sublicensable license to host, use, display, reproduce, adapt, and distribute your User Content to operate, improve, and promote the Platform.

12.2. You represent that you have all rights necessary to submit your User Content, that it is accurate and not misleading, that any property photos or videos you upload depict property you own or are authorized to post, and that it does not infringe any third party's rights.

12.3. Reviews must reflect a genuine experience. LawnSwap may remove content that violates these Terms but is not obligated to monitor User Content and is not responsible for it.

13. Intellectual Property

13.1. The Platform, including its design, code, features, content, logos, and trademarks, is owned by Take A Call LLC. All rights not expressly granted are reserved.

13.2. You may not copy, modify, distribute, sell, or create derivative works from any part of the Platform except as expressly permitted.

14. Disclaimer of Warranties

THE PLATFORM AND ALL CONTENT, INTRODUCTIONS, AND SERVICES MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LAWNSWAP DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LAWNSWAP DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY LANDSCAPER OR HOMEOWNER, OR ANY SERVICE, LISTING, BID, RATING, OR REVIEW, IS ACCURATE, RELIABLE, QUALIFIED, LICENSED, INSURED, SAFE, OR SATISFACTORY. ANY RELIANCE ON THE PLATFORM OR ON OTHER USERS IS AT YOUR OWN RISK.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LAWNSWAP AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, OR FOR ANY PROPERTY DAMAGE, THEFT, OR PERSONAL INJURY CAUSED BY A HOMEOWNER OR LANDSCAPER, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL LAWNSWAP'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO LAWNSWAP IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Take A Call LLC and its owners, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms or any law; (c) your User Content; (d) any service you provide or receive, or any interaction with another user; or (e) your violation of any third party's rights. We may assume the exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate.

17. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

17.1. Informal Resolution First

Before starting an arbitration or other proceeding, you agree to first contact us at the address in Section 24 and give us sixty (60) days to resolve the dispute informally and in good faith. Most concerns can be resolved this way.

17.2. Agreement to Arbitrate

If we cannot resolve a dispute informally, you and LawnSwap agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA"). For Homeowners and other consumers, the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol apply. For Landscapers and other businesses, the AAA Commercial Arbitration Rules apply. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

17.3. Procedures, Venue, and Fees

The arbitration will be conducted in the English language. A consumer may elect to arbitrate by telephone, by video, based on written submissions, or in person in the county of the consumer's residence or another mutually agreed location. Payment of filing, administration, and arbitrator fees is governed by the applicable AAA rules; for consumer claims, LawnSwap will pay these fees to the extent required by the AAA Consumer Rules. The arbitrator may award the same individual relief a court could, and the award may be entered as a judgment in any court of competent jurisdiction.

17.4. Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND LAWNSWAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING.

17.5. 30-Day Right to Opt Out

You may opt out of this arbitration agreement (Sections 17.2–17.4) within thirty (30) days of first accepting these Terms by sending written notice of your decision to opt out to the contact address in Section 24, including your name and the account email you used. If you opt out, the arbitration and class-waiver provisions will not apply to you, and disputes will be resolved in court as provided in Section 20.

17.6. Small-Claims Exception

Either party may bring an individual claim in small-claims court for disputes within that court's jurisdiction instead of arbitration.

18. Termination

18.1. We may suspend or terminate your account at any time, with or without notice, for conduct we determine, in our sole discretion, violates these Terms, harms other users, or is otherwise objectionable.

18.2. You may close your account at any time by contacting us at lawnswapai@gmail.com. Closing your account does not relieve you of obligations incurred before closure (including amounts owed).

18.3. Upon termination, your right to use the Platform ceases. Provisions that by their nature should survive (including Sections 6, 8, 9, 10, 12, 14, 15, 16, 17, 20, and 22) survive termination.

18.4. Data retention after termination is governed by our Privacy Policy.

19. Modifications to Terms

19.1. We may modify these Terms at any time. For material changes we will provide at least thirty (30) days' prior notice by posting the updated Terms and notifying registered users by email.

19.2. Your continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Platform.

20. Governing Law and Venue

20.1. These Terms are governed by the laws of the State of Tennessee, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs Section 17.

20.2. For any dispute not subject to arbitration, you and LawnSwap consent to the exclusive jurisdiction and venue of the state and federal courts located in Davidson County, Tennessee, and waive any objection to that venue.

21. State-Specific Provisions

21.1. Tennessee

Nothing in these Terms limits or waives any right or remedy available to consumers under the Tennessee Consumer Protection Act of 1977 (Tenn. Code Ann. Section 47-18-101 et seq.) to the extent it applies.

21.2. Alabama

For users in Alabama, nothing in these Terms limits or waives any right or remedy available under the Alabama Deceptive Trade Practices Act (Ala. Code Section 8-19-1 et seq.) to the extent it applies.

21.3. Licensing

Lawn care and landscaping businesses may be subject to licensing, bonding, and insurance requirements under state and local law. Landscapers represent and warrant that they hold all licenses and permits required in the jurisdictions where they operate. LawnSwap is not responsible for verifying compliance.

21.4. Conflict with Law

If any provision of these Terms conflicts with a non-waivable protection mandated by applicable state law, that law prevails as to that provision.

22. Severability and Waiver

If any provision of these Terms is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to be enforceable or, if it cannot be, severed, and the remaining provisions continue in full force. Our failure to enforce any provision is not a waiver of it.

23. Entire Agreement

These Terms, together with our Privacy Policy and any policies expressly referenced here, are the entire agreement between you and Take A Call LLC regarding the Platform and supersede all prior understandings. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

24. Contact and Legal Notices

For questions about these Terms, to submit a refund request, an informal dispute notice, or an arbitration opt-out, contact us: