Terms of Service

“Service” means the MowLovin web application, mobile applications, APIs and related services.

“Customer” or “you” means the business entity or individual that has registered an account.

“Customer Data” means all data you or your Authorized Users submit to the Service, including records relating to your own clients, their properties and the work performed.

“Authorized User” means an individual you invite to access the Service under your account.

“End Client” means a person or entity to whom you provide services and whose information appears in Customer Data.

Subject to these Terms, S2 Industries grants you a limited, non exclusive, non transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

The Service provides scheduling, routing, record keeping and related business tools. S2 Industries does not perform landscaping or lawn care services and is not a party to any agreement between you and an End Client. You are solely responsible for the services you provide, the commitments you make, and your compliance with any contract, licensing or insurance obligation applicable to your business.

You must provide accurate registration information and keep it current. You are responsible for maintaining the confidentiality of account credentials and for all activity occurring under your account, whether or not authorized by you.

You are responsible for the acts and omissions of your Authorized Users as if they were your own, including their compliance with these Terms. You control role assignment and the scope of access each Authorized User receives.

You represent that you are at least 18 years of age and, where you register on behalf of an entity, that you have authority to bind that entity to these Terms.

As between the parties, you retain all right, title and interest in and to Customer Data. S2 Industries claims no ownership of it.

You grant S2 Industries a worldwide, non exclusive, royalty free license to host, copy, transmit, process and display Customer Data solely to the extent necessary to provide, maintain and support the Service, to prevent or address technical or security issues, and as otherwise permitted by the Privacy Policy.

S2 Industries will not sell Customer Data, will not use it for advertising, and will not disclose one customer’s Customer Data to another customer.

S2 Industries may generate and use aggregated, de identified statistical data derived from use of the Service, provided such data does not identify you, any Authorized User or any End Client, and is not disclosed in a manner that could reasonably permit re identification.

You may export Customer Data at any time through the Service or by request to S2 Industries.

You are the controller of, and are solely responsible for, Customer Data relating to End Clients. S2 Industries acts as a processor or service provider on your behalf with respect to such data.

You represent and warrant that you have all rights, consents and lawful bases necessary to collect such data, to transfer it to the Service, and to permit the processing described in these Terms and the Privacy Policy, including any communications sent to End Clients through the Service.

Where the Service transmits communications to End Clients on your behalf, you are the sender for purposes of applicable law, including the CAN SPAM Act. You are responsible for ensuring such communications are lawful and that you have a legitimate basis for contacting the recipient. S2 Industries will honor recipient opt out requests in all cases, and such requests cannot be overridden by any account setting.

You will not, and will not permit any Authorized User to:

• use the Service in violation of applicable law or in furtherance of any unlawful activity;
• upload data you lack the right to provide, or use the Service to transmit unsolicited commercial communications;
• attempt to access another customer’s data, probe or test the vulnerability of the Service, or circumvent any access control;
• reverse engineer, decompile, or attempt to derive the source code of the Service except to the extent such restriction is prohibited by law;
• resell, sublicense or provide the Service to third parties as a standalone offering; or
• use the Service in a manner that impairs its operation or the use of it by others.

S2 Industries may suspend access without prior notice where it reasonably believes such action is necessary to prevent harm to the Service, to other customers, or to any person.

The Service is offered on a free trial basis for 14 days. No payment card is required during the trial. All functionality available on paid plans is available during the trial.

Paid subscriptions are billed in advance on a monthly basis at the rates published at the time of subscription. Fees are exclusive of taxes, and you are responsible for any applicable sales, use or similar taxes.

Payments are processed by Stripe, Inc. Your use of payment processing is subject to Stripe’s terms. S2 Industries does not receive or store complete payment card numbers.

You may cancel at any time, effective at the end of the then current billing period. Except where required by law, fees already paid are non refundable, including for partial billing periods. No further charges will be made following cancellation.

S2 Industries may change fees upon not less than 30 days notice to the email address associated with your account. Continued use following the effective date constitutes acceptance of the revised fees.

Upon expiration of a trial, cancellation, or non payment, the Service will restrict the ability to create or modify records. Access to view and export existing Customer Data will remain available. Customer Data is not deleted upon expiration. Resuming a paid subscription restores full functionality.

Where a payment method fails, S2 Industries will not immediately suspend functionality and will attempt to obtain payment over a reasonable period before applying the restrictions described above.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, S2 INDUSTRIES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.

S2 Industries does not warrant that the Service will be uninterrupted, error free, or free of harmful components, or that data will not be lost or corrupted.

Estimates are not guarantees. Routing, drive time, duration, margin and pricing outputs are estimates generated from calculated distances and from figures you supply. They are not measured values and may be materially inaccurate. You are solely responsible for verifying any figure before relying on it, including any price quoted to an End Client and any figure used for tax, accounting or mileage substantiation purposes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, S2 INDUSTRIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

S2 INDUSTRIES’ TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO S2 INDUSTRIES IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where such law applies, the exclusions and limitations above apply to the greatest extent permitted.

You will defend, indemnify and hold harmless S2 Industries and its officers, members, employees and agents from and against any claim, demand, action, damage, loss, cost or expense, including reasonable attorneys’ fees, arising out of or relating to (a) Customer Data, including any claim that it infringes or misappropriates the rights of a third party or was collected or used unlawfully, (b) communications sent to End Clients through the Service, (c) your violation of these Terms or of applicable law, or (d) the services you provide to End Clients.

These Terms remain in effect while you have an account. You may terminate at any time by cancelling and requesting deletion of Customer Data.

S2 Industries may suspend or terminate access where you materially breach these Terms and fail to cure within 10 days of notice, where required by law, or where continued provision of the Service presents a risk of harm. Except where prohibited, S2 Industries will provide notice and a reasonable opportunity to export Customer Data.

Sections 4, 5, 9, 10, 11, 14 and 15 survive termination.

S2 Industries may modify these Terms. Where a modification is material, notice will be provided to the email address associated with your account not less than 30 days before it takes effect. Continued use of the Service after the effective date constitutes acceptance. If you do not agree, your remedy is to cancel before the effective date.

These Terms are governed by the laws of the State of Nebraska, without regard to its conflict of law principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The parties will attempt in good faith to resolve any dispute informally by contacting support@mowlovin.com before commencing formal proceedings.

Any dispute not resolved informally within 60 days will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Douglas County, Nebraska. Judgment on the award may be entered in any court of competent jurisdiction. Either party may bring an individual claim in small claims court, and either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property or confidential information.

Disputes will be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class or representative proceeding. If this provision is found unenforceable, the remainder of this Section 14 is void as to that dispute.

These Terms, together with the Privacy Policy, constitute the entire agreement between the parties regarding the Service and supersede all prior understandings on the subject.

If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in full force.

No failure to enforce a provision constitutes a waiver of it. You may not assign these Terms without prior written consent; S2 Industries may assign them in connection with a merger, acquisition or sale of assets.

Neither party is liable for failure to perform due to causes beyond its reasonable control.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.

S2 Industries LLC
support@mowlovin.com

See also the Privacy Policy.