This Marketplace Services Agreement ("Marketplace Agreement") is a legally binding agreement between you ("Service Provider," "you," or "your") and LawnStarter, Inc. and its subsidiaries and affiliated brands, including LawnStarter, Lawn Love, and Home Gnome (collectively, "Company," "we," "our," or "us"). This Marketplace Agreement governs your participation in receiving and performing job opportunities through Company's affiliated marketplaces (the "Marketplace").
This Marketplace Agreement supplements and is incorporated into the ProBase Terms of Service ("ProBase ToS") available at https://www.probaseapp.com/terms-of-service. By opting into Marketplace participation through ProBase, you agree to be bound by both the ProBase ToS and this Marketplace Agreement. In the event of a conflict between this Marketplace Agreement and the ProBase ToS, this Marketplace Agreement shall control with respect to Marketplace-related activities.
If you do not agree to this Marketplace Agreement, do not opt into Marketplace participation. You may continue to use ProBase as standalone business management software under the ProBase ToS without participating in the Marketplace.
1. The Marketplace Platform
Company acts as a platform to allow service professionals who comply with Company's policies to connect with customers who may desire home services and outdoor services. Company is not directly involved in any transactions between users. As a result, Company has no control over the quality of the services provided by service providers or the truth or accuracy of the information provided by users, or the ability of service providers to complete services in a timely manner, if at all.
Company cannot guarantee the true identity, age, and nationality of any user. Company encourages users to communicate directly through the tools available on the Services.
Although service professionals are contractually obligated to carry adequate insurance to perform services, Company cannot guarantee this, so customers may wish to verify insurance with each service professional they engage.
You agree that Company is a platform and as such is not responsible or liable for any services or other content posted by you, other users, or third parties on the Services. Your use of the Marketplace is at your own risk.
2. Service Provider Eligibility and Approval
To participate in the Marketplace, you must complete an application and be approved by Company. As part of the approval process, Company may collect personal information including your name, address, email address, phone number, company name, Social Security Number, insurance information, driver's license, work history, gender, and ethnicity.
You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. You must keep your account information up-to-date and accurate at all times, including a valid email address.
You agree to carry adequate insurance to perform the services you offer through the Marketplace.
Company may, in its sole discretion, refuse to offer access to or use of the Marketplace to any person or entity and change its eligibility criteria at any time.
3. Customer Information
As part of using the Marketplace, you may obtain personal information, including email addresses and physical addresses, from customers. Without obtaining prior permission from the customer, this personal information will only be used for Services-related communications. Company has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the customer, you are not licensed to add any Company user to your email or physical mail list.
When you accept a job through the Marketplace, Company will disclose customer information to you, which may include the customer's physical address, first name, email address, phone number, and other personal information sufficient to allow you to contact the customer and provide services.
4. Geolocation Information
When you are performing services for Marketplace jobs, your mobile device may send the GPS coordinates of the site where you are performing services, during the service, to our servers. We collect this information for various purposes, including to determine the duration of the service, to provide customer support, to send promotions and offers, to enhance our Services, and for our internal business purposes.
5. Dispute Resolution and Release
Company is not responsible for your interactions with customers, including without limitation, any dispute arising from any damage caused to a customer or their property by a service provider. Any dispute between you and a customer must be resolved between yourselves. Company reserves the right, but has no obligation, to monitor disputes between users.
You release Company (and Company's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
For any dispute between you and the Company, the Dispute Resolution provisions in the ProBase ToS shall apply.
6. Termination
Company may, under certain circumstances and without prior notice, immediately terminate or limit your access to the Marketplace. Cause for such termination may include, but not be limited to: (a) breaches or violations of this Marketplace Agreement or the ProBase ToS, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Marketplace (or any part thereof), (d) unexpected technical or security issues or problems, or (e) you have engaged in fraudulent or illegal activities.
You may terminate your Marketplace participation at any time by opting out through ProBase or by contacting Company.
Termination of this Marketplace Agreement does not automatically terminate your ProBase account. You may continue to use ProBase as standalone business management software under the ProBase ToS.
7. Privacy
Company's collection, use, and disclosure of your personal information is governed by the ProBase Privacy Policy available at https://www.probaseapp.com/privacy. By participating in the Marketplace, you consent to our collection, use, and disclosure of personal information as outlined therein.
The SMS consent data that we collect will not be shared with third parties; however, we may share such information with our service providers who provide functions on our behalf and at our direction, including those who assist us with our text messaging service. Our service providers cannot use the information we share with them for their own purposes.
8. General Provisions
This Marketplace Agreement, together with the ProBase ToS and Privacy Policy, constitutes the entire agreement between you and Company regarding Marketplace participation.
Company may modify this Marketplace Agreement at any time. If Company makes a material change, Company will notify you by email, by means of a notice on our home page, or other places Company deems appropriate.
This Marketplace Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. You agree that any dispute arising from or relating to the subject matter of this Marketplace Agreement will be governed by the exclusive jurisdiction and venue of the state and Federal courts of Travis County, Texas.
All provisions of this Marketplace Agreement which by their nature should survive termination will survive termination.