Terms of Service

These Terms of Service ("Terms") govern access to and use of the Landscapt and Equipt software platform (the "Service"), operated by Landscapt ("Landscapt," "we," "us," or "our"). By creating an account or otherwise using the Service, you agree to these Terms on behalf of yourself and, if applicable, the organization you represent ("Customer," "you").

1. The Service

Landscapt is a CRM / field service management product; Equipt is a computerized maintenance management (CMMS) product covering asset maintenance and purchasing. Both are provided under one account as a hosted, subscription software-as-a-service platform. We may add, change, or remove features from time to time.

2. Accounts

You must provide accurate information when creating an account and keep your login credentials confidential. You are responsible for all activity that occurs under your organization's account, including actions taken by users you invite. Notify us promptly at support@landscapt.com of any unauthorized use.

3. Subscriptions, Fees & Billing

Paid plans are billed in advance on a recurring basis (monthly or annually, as selected) through our payment processor. Fees are non-refundable except where required by law or expressly stated otherwise. Subscriptions renew automatically until cancelled. You may cancel at any time from Settings; cancellation takes effect at the end of the current billing period. We may suspend or terminate access for accounts with a failed or overdue payment after reasonable notice.

4. Your Data

As between you and us, you own all data, content, and materials you or your users submit to the Service ("Customer Data"), including information about your clients, employees, assets, and jobs. You grant us a limited license to host, process, and display Customer Data solely to provide, maintain, and support the Service. You are responsible for the accuracy of Customer Data and for having the necessary rights and consents to submit it, including consents from your own clients or employees where required by law.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable regulation;
• Attempt to gain unauthorized access to the Service, other accounts, or underlying infrastructure;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
• Use the Service to send unsolicited communications in violation of applicable law (e.g. TCPA, CAN-SPAM).

6. Third-Party Integrations

The Service integrates with third-party providers you may choose to connect, such as QuickBooks, Stripe, Twilio, Zapier, Google Maps, and Samsara. Your use of those providers is governed by their own terms and privacy policies. We are not responsible for the acts, omissions, or availability of third-party providers.

7. Intellectual Property

The Service, including its software, design, and branding, is owned by Landscapt and its licensors and is protected by intellectual property laws. These Terms do not grant you any right to our trademarks, logos, or brand features except as necessary to use the Service as intended.

8. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service using at least the same degree of care it uses for its own confidential information, and will use it only to perform its obligations or exercise its rights under these Terms.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LANDSCAPT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You will indemnify and hold Landscapt harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your Customer Data, or your violation of any law or third-party right.

12. Term & Termination

These Terms remain in effect while you use the Service. We may suspend or terminate access for material breach of these Terms, non-payment, or if required by law, with notice where reasonably practicable. Upon termination, your right to use the Service ends; provisions that by their nature should survive (ownership, disclaimers, limitation of liability, confidentiality) will survive.

13. Governing Law

These Terms are governed by the laws of the state in which Landscapt is organized, without regard to conflict-of-law principles, and any dispute will be resolved in the courts located in that state, unless otherwise required by applicable law.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice (such as an in-app notice or email) before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at support@landscapt.com.