Terms of Service

Last Updated: February 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "User") and Skape Industries LLC ("Skape," "we," "us," "our"), a Delaware limited liability company, concerning your access to and use of the Skape® mobile applications (Skape for homeowners/property owners and Skaper for landscaping service providers, collectively the "Apps") and related services, features, content, and websites (collectively, the "Services").

Skape® is a registered trademark (U.S. Reg. No. 7,263,113) of Skape Industries LLC.

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY (INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SERVICES.

We may amend these Terms at any time by posting revised Terms within the Apps or on our website. We will update the "Last Updated" date at the top of these Terms. Your continued use of the Services after such posting constitutes your acceptance of the amended Terms. It is your responsibility to review these Terms periodically.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

2. The Services: Technology Marketplace Platform

Skape provides a technology platform that connects users seeking landscaping services ("Homeowners") with independent third-party landscaping service providers ("Landscapers") who wish to offer such services. Skape facilitates scheduling, communication, payment processing, and service coordination between Homeowners and Landscapers.

IMPORTANT: YOU ACKNOWLEDGE AND AGREE THAT SKAPE DOES NOT PROVIDE LANDSCAPING SERVICES ITSELF. SKAPE IS NOT A LANDSCAPING COMPANY OR SERVICE PROVIDER. SKAPE ACTS SOLELY AS AN INTERMEDIARY TECHNOLOGY PLATFORM. LANDSCAPERS ARE INDEPENDENT CONTRACTORS, NOT EMPLOYEES, PARTNERS, AGENTS, OR JOINT VENTURERS OF SKAPE. SKAPE DOES NOT CONTROL, SUPERVISE, OR DIRECT THE WORK PERFORMED BY LANDSCAPERS. SKAPE DOES NOT GUARANTEE THE QUALITY, SAFETY, SUITABILITY, AVAILABILITY, OR LEGALITY OF THE SERVICES PROVIDED BY LANDSCAPERS. ANY AGREEMENT FOR LANDSCAPING SERVICES IS STRICTLY BETWEEN THE HOMEOWNER AND THE LANDSCAPER.

Skape does not endorse any particular Landscaper. References to a Landscaper being "verified," "background checked" (where applicable), or similar designations indicate only that the Landscaper has completed certain account processes or met specific criteria. Such designations do not constitute an endorsement, certification, or guarantee by Skape about the Landscaper's capabilities, quality, reliability, or performance.

3. User Accounts and Registration

To access most features of the Services, you must register for and maintain an active user account ("Account"). You must be at least 18 years old and have the legal capacity to enter into binding contracts.

Registration requires providing accurate personal information including your name, email address, phone number, address (for Homeowners), and payment information (processed via Stripe). Landscapers may need to provide additional business information, tax details, payout information, and potentially undergo background checks where applicable and legally permitted.

You agree to:

• Provide accurate, complete, and current information during registration and account maintenance
• Update your information promptly when it changes
• Maintain the security and confidentiality of your account credentials
• Accept responsibility for all activities that occur under your Account
• Not authorize third parties to use your Account or transfer your Account to others

4. Platform Usage and License

Subject to your compliance with these Terms, Skape grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to:

• Access and use the Apps on your personal device solely in connection with your use of the Services
• Access and use content and information made available through the Services for your personal, non-commercial use (unless you are a Landscaper using the Skaper App for permitted business purposes)

All rights not expressly granted are reserved by Skape. This license automatically terminates if you violate these Terms.

5. User Conduct and Prohibited Activities

You agree to use the Services only for lawful purposes and in compliance with these Terms and all applicable laws, regulations, and ordinances. You agree not to:

• Provide false, inaccurate, or misleading information in your profile, job postings, or communications
• Violate any applicable federal, state, local, or international law or regulation
• Infringe upon the intellectual property, privacy, or other rights of third parties
• Harass, threaten, stalk, defame, abuse, or otherwise violate the legal rights of others (including Skape employees, Homeowners, and Landscapers)
• Use the Services for any fraudulent, illegal, or unauthorized purpose
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Interfere with, disrupt, or compromise the integrity, security, or proper functioning of the Services
• Attempt to gain unauthorized access to the Services, user accounts, or related systems or networks
• Use any automated means (robots, spiders, scrapers) to access or collect information from the Services
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without express written permission
• Post or share discriminatory, obscene, offensive, defamatory, or unlawful content
• Circumvent or attempt to circumvent any security measures or payment systems

6. Payments, Fees, and Cancellation Policy

a. Homeowners:

You agree to pay all charges for landscaping services you book and receive through the platform ("Charges"). Charges include the agreed-upon price with the Landscaper plus applicable taxes and Skape service fees disclosed at booking. Payment is processed via Stripe using your designated payment method after service completion confirmation.

Cancellation Policy: You may cancel booked services according to the following schedule:

• More than 24 hours before scheduled service: Full refund
• Less than 24 hours but more than 2 hours: 50% refund of service charge (Skape fees non-refundable)
• Less than 2 hours before service: No refund unless service provider cancels or fails to show

b. Landscapers:

You may be subject to subscription fees for accessing Skaper App features and platform tools. Skape facilitates payment from Homeowners to you, less applicable Skape service fees, commissions (typically 10-20% of service charge), processing fees, and any taxes Skape is legally required to withhold. Payouts are made to your bank account via Stripe according to our standard payout schedule.

You are solely responsible for:

• Reporting and remitting all applicable taxes on income earned through the platform
• Maintaining appropriate business licenses and insurance coverage
• Complying with all local, state, and federal regulations applicable to your landscaping business

c. General Payment Terms:

• All payments are processed through Stripe. By using payment features, you agree to Stripe's terms and conditions
• Skape reserves the right to establish, modify, or remove fees at its discretion with reasonable notice
• If your primary payment method fails, you authorize Skape to charge any backup payment method on file
• Disputed charges must be reported to Skape support within 30 days
• Unpaid charges may result in account suspension, collection efforts, and credit reporting

7. User Content and Intellectual Property

You may submit content such as reviews, ratings, photos, messages, or other materials ("User Content"). You retain ownership of your User Content but grant Skape a worldwide, perpetual, irrevocable, transferable, royalty-free license (with right to sublicense) to use, copy, modify, create derivative works, distribute, publicly display, and otherwise exploit your User Content in connection with the Services and Skape's business operations.

You represent and warrant that:

• Your User Content does not violate third-party rights or applicable laws
• You have all necessary rights to grant the above license
• Your User Content is accurate and not misleading

Skape may remove or modify User Content at its sole discretion without notice.

8. Service Issues and Resolution

While Landscapers are solely responsible for the quality and performance of their work, Skape provides a platform for communication and dispute resolution assistance.

Reporting Service Issues:

If you experience significant service problems or believe property damage occurred during a Skape-booked job, you must report the issue to Skape support (team@skape.us) with photographic evidence and detailed description within 7 days of job completion. Skape may investigate and facilitate communication between parties but is not obligated to resolve disputes or provide compensation.

Damage Policy:

If Skape determines, in its sole discretion, that property damage occurred due to Landscaper negligence during a platform-booked job, Skape may offer reimbursement to the affected Homeowner. Any reimbursement is limited to a maximum of five (5) times the specific service charge for the job where damage occurred (excluding taxes/fees), regardless of the damaged item's actual value.

Skape is not liable for:

• Pre-existing damage or normal wear and tear
• Damage resulting from inaccurate job descriptions or instructions
• Damage to items not directly related to the landscaping service performed
• Weather-related damage or seasonal plant stress

Refunds and Credits:

For service quality issues, Skape may, at its sole discretion, offer partial or full refunds or credits toward future services. All decisions regarding damage claims, refunds, or credits are final and made solely by Skape.

9. Account Termination

Either party may terminate this agreement at any time. You may delete your Account through the App settings. Skape may suspend or terminate your Account immediately, with or without notice, for:

• Violation of these Terms or applicable laws
• Fraudulent, illegal, or harmful activity
• Repeated service quality issues or user complaints
• Failure to pay fees or charges
• Any reason in Skape's sole discretion to protect the platform or other users

Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination will survive, including payment obligations, liability limitations, and dispute resolution procedures.

10. Disclaimers and Limitation of Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, SKAPE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SKAPE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES PROVIDED THROUGH THE PLATFORM. SKAPE DOES NOT GUARANTEE THE QUALITY, SAFETY, SUITABILITY, OR ABILITY OF LANDSCAPERS. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKAPE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF SKAPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SKAPE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT PAID BY YOU TO SKAPE IN THE 12 MONTHS PRECEDING THE INCIDENT; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential damages. In such jurisdictions, Skape's liability is limited to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Skape and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services or services obtained through the platform
• Your breach or violation of these Terms
• Your User Content or submission of false information
• Your violation of the rights of any third party, including other users
• Your negligent or willful misconduct

13. Dispute Resolution

a. Governing Law:

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

b. Informal Resolution:

Before initiating any legal proceeding, the parties agree to attempt to resolve disputes informally for at least 60 days through good faith negotiations. Notice of a dispute must be sent to team@skape.us (for claims against Skape) or to your account email (for claims against you).

c. Binding Arbitration:

If informal resolution fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration will be conducted in New Castle County, Delaware, unless otherwise agreed. The arbitrator's decision is final and binding.

YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

d. Class Action Waiver:

You and Skape agree that disputes must be brought in individual capacity only, not as part of any class or representative proceeding. This waiver applies to class actions, class arbitrations, private attorney general actions, and any other proceeding where someone acts in a representative capacity.

e. Exceptions:

This arbitration provision does not apply to disputes seeking injunctive relief for intellectual property infringement or claims that can be resolved in small claims court.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skape regarding the Services.
• Severability: If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.
• Assignment: You may not assign these Terms. Skape may assign these Terms to any affiliate, subsidiary, or successor entity.
• No Waiver: Skape's failure to enforce any provision does not constitute a waiver of future enforcement.
• Force Majeure: Skape is not liable for any failure or delay in performance due to circumstances beyond its reasonable control.
• Notices: Skape may provide notices through the Apps, email, or mail to addresses in your Account.

15. Contact Information

For questions about these Terms or to report violations, contact us: