TurfDesk-AI™ — Software as a Service Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and TurfDesk-AI™ ("Company," "we," "us," or "our") governing your access to and use of the TurfDesk-AI™ platform, including all associated software, tools, APIs, dashboards, helper modules, and documentation (collectively, the "Service").
By creating an account, checking the agreement box during signup, or accessing the Service in any way, you agree to be bound by these Terms in full. If you do not agree, do not use the Service.
TurfDesk-AI™ is a cloud-based software platform designed for lawn care and landscape service operators. The Service provides tools for customer data management, direct mail campaign creation, job pricing, field operations, business analytics, expense tracking, and related functions. The Service is delivered via web browser and hosted on cloud infrastructure managed by the Company.
To use the Service, you must register for an account and provide accurate, complete information including your company name, contact information, and operator code. You are responsible for maintaining the confidentiality of your PIN, login credentials, and any team member access codes. You are solely responsible for all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.
The Service is offered on a subscription basis with tiered pricing. New accounts receive a 30-day free trial with full access. After the trial period, you must select a paid plan to continue using the Service. If you do not select a plan, your account will be downgraded to read-only access.
Subscription fees are billed monthly in advance. All fees are non-refundable except as required by applicable law. We reserve the right to modify pricing with 30 days written notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
You own your data. All customer lists, CSV uploads, business documents, campaign content, financial records, and other data you input into the Service ("Customer Data") remains your sole property. We do not claim ownership of your Customer Data.
You grant us a limited, non-exclusive license to process, store, transmit, and display your Customer Data solely for the purpose of providing the Service to you. This license terminates when you delete your data or close your account.
Upon account termination, you may request an export of your Customer Data within 30 days. After 30 days, we may delete your data from our systems in accordance with our data retention policies.
All right, title, and interest in and to the Service — including but not limited to the software, codebase, visual design, user interface layout, tool architecture, AI logic, prompt structures, data processing methods, campaign generation algorithms, pricing models, and all related documentation — are and shall remain the exclusive property of TurfDesk-AI™. Nothing in these Terms transfers any intellectual property rights to you except the limited right to use the Service as described herein.
(a) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, data structures, or underlying technology of the Service;
(b) Copy, reproduce, modify, adapt, translate, or create derivative works based on the Service or any part thereof;
(c) Scrape, crawl, spider, index, or otherwise systematically extract data, content, or functionality from the Service for the purpose of building a competing product or service;
(d) Analyze the Service's tool architecture, workflows, pricing algorithms, AI behavior, campaign logic, or data processing pipelines for the purpose of replication;
(e) Use the Service to develop, train, or improve any competing software, AI model, or service platform;
(f) Remove, alter, or obscure any copyright notices, trademarks, or proprietary legends on the Service;
(g) Share, sublicense, resell, rent, lease, distribute, or make the Service available to any third party not authorized under your account;
(h) White-label, rebrand, or present any part of the Service as your own or any third party's product.
Any violation of Section 5.2 shall constitute a material breach of these Terms and may result in immediate termination of your account, injunctive relief, and a claim for damages including but not limited to lost profits, development costs, and attorneys' fees. You acknowledge that monetary damages alone may be insufficient to compensate for a breach of this section and that the Company shall be entitled to seek equitable relief, including injunctions and specific performance, without the requirement of posting a bond.
You acknowledge that the Service contains trade secrets belonging to TurfDesk-AI™, including but not limited to the architecture, algorithms, pricing logic, AI prompt engineering, campaign optimization methods, and data processing techniques. You agree to treat all non-public aspects of the Service as confidential information and trade secrets of the Company.
AI output is not professional advice. All AI-generated content, suggestions, pricing recommendations, business advice, marketing copy, and analytical insights provided by the Service are for informational and operational convenience purposes only. They do not constitute professional financial, legal, marketing, agronomic, or business advice.
You acknowledge and agree that: (a) AI-generated outputs may contain errors, inaccuracies, or inappropriate suggestions; (b) You are solely responsible for reviewing, verifying, and approving all AI-generated content before use, distribution, or reliance; (c) The Company makes no warranty or guarantee regarding the accuracy, completeness, suitability, or reliability of any AI-generated output; (d) You will not hold the Company liable for any loss, damage, or harm arising from your reliance on AI-generated content; (e) AI features may be modified, improved, or discontinued at any time without prior notice.
You agree to use the Service only for lawful purposes and in compliance with all applicable local, state, and federal laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), and applicable direct mail regulations. You may not use the Service to send unsolicited bulk communications that violate applicable law, to engage in deceptive business practices, or to process data that you do not have the right to use.
The Service may integrate with third-party services including but not limited to Lob (direct mail), Stripe (payments), and various CRM platforms. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, accuracy, or performance of third-party services, and we make no warranties regarding their operation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(a) THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
(b) IN NO EVENT SHALL TURFDESK-AI™, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, REVENUE, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
(c) THE COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (ii) ONE HUNDRED DOLLARS ($100).
(d) THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM: YOUR RELIANCE ON AI-GENERATED CONTENT OR SUGGESTIONS; ERRORS IN PRICING CALCULATIONS OR JOB ESTIMATES; INACCURATE OR INCOMPLETE CUSTOMER DATA ANALYSIS; DIRECT MAIL CAMPAIGNS THAT DO NOT ACHIEVE DESIRED RESULTS; OR ANY BUSINESS DECISIONS MADE BASED ON INFORMATION PROVIDED BY THE SERVICE.
You agree to indemnify, defend, and hold harmless TurfDesk-AI™ and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Customer Data; or (e) any third-party claim related to your direct mail campaigns, marketing activities, or business operations conducted through the Service.
Either party may terminate these Terms at any time. You may cancel your subscription by contacting support or through the billing settings. We may suspend or terminate your access immediately if you breach these Terms, fail to pay subscription fees, or if we reasonably believe your use poses a risk to the Service or other customers. Upon termination, your right to use the Service ceases immediately. Sections 5 (Intellectual Property), 6 (AI Disclaimer), 9 (Limitation of Liability), 10 (Indemnification), and 12 (Governing Law) shall survive termination.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in New Jersey. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.
We reserve the right to modify these Terms at any time. Material changes will be communicated via email or through a notice within the Service at least 15 days before taking effect. Your continued use of the Service after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your subscription.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and TurfDesk-AI™ regarding the Service and supersede all prior agreements and understandings.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure: The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.
For questions about these Terms, contact us at:
TurfDesk-AI™
Email: legal@turfdesk.com
Website: turfdesk-site.pages.dev