Effective Date: March 11, 2026
Last Updated: March 11, 2026
Customer Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE HOLA PLATFORM, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH BELOW.
Table of Contents
- Platform Overview and Customer Role
- Eligibility and Account
- Booking and Service Requests
- Property Access and Site Conditions
- Completion Approval and Review Window
- Payment Terms
- Refunds, Re-Service, and Disputes
- Fraud, Abuse, and Account Misuse
- Operational Records and Evidence
- User Content and Reviews
- Marketing and Media Consent
- SMS and Communications
- Comprehensive Liability Disclaimers
- Maximum Limitation of Liability
- Mandatory Arbitration and Dispute Resolution
- Customer Responsibilities and Indemnification
- General Provisions
- Accessibility
- Contact Information
1. Platform Overview and Customer Role
1.1 HOLA is a Technology Platform Only
Houston's Own Lawn App, LLC ("HOLA," "we," "us," or "our") operates a digital marketplace platform connecting property owners ("Customers," "you") with independent landscaping contractors ("Contractors"). HOLA DOES NOT PROVIDE LANDSCAPING SERVICES. HOLA is not a landscaping company, is not a party to any service agreements between Customers and Contractors, and does not supervise, direct, or control the work performed by Contractors.
1.2 Independent Contractor Relationship
Contractors are independent businesses and are not employees, agents, joint venturers, or partners of HOLA. HOLA does not supervise or control how Contractors perform lawn services, beyond basic platform requirements such as completing jobs through the app and communicating through in-app messaging. Contractors set their own prices, choose which service requests to accept or decline, and determine how to perform the work within the scope of the requested service.
1.3 Meaning of "Vetted"
HOLA may describe Contractors on the platform as "vetted." This term means only that HOLA has personally communicated with the Contractor and that the Contractor has completed identity verification through our payment processing partner. "Vetted" does not mean that HOLA has performed criminal background checks, verified insurance coverage, verified professional licensing or bonding, conducted skills testing, or certified workmanship quality. HOLA makes no representation or guarantee regarding any Contractor's criminal history, insurance status, licensing, qualifications, reliability, or fitness for any particular purpose.
1.4 What HOLA Provides
HOLA's role is strictly limited to providing the following:
- A technology platform connecting Customers with Contractors
- Payment processing infrastructure to facilitate transactions through Stripe
- In-app communication tools between Customers and Contractors, including real-time translation
- A vetting process limited to personal communication and identity verification as described in Section 1.3
1.5 Customer Responsibilities in Contractor Selection
You are solely responsible for selecting Contractors to perform services at your property. All service agreements are made directly between you and the Contractor. You must perform your own due diligence before engaging any Contractor. HOLA does not guarantee Contractor availability, quality, safety, legality, timeliness, or results.
2. Eligibility and Account
To use the HOLA platform, you must meet all of the following requirements:
- Age: You must be at least 18 years of age. By using the platform, you represent and warrant that you are 18 years of age or older.
- Accurate Information: You must provide accurate, current, and complete registration information and keep your account information up to date.
- Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify HOLA immediately of any unauthorized use of your account.
- One Account Per User: You may maintain only one customer account. Creating duplicate accounts is prohibited.
- Identity Verification: HOLA reserves the right to verify your identity at any time and to suspend your account pending verification.
3. Booking and Service Requests
3.1 Service Requests Are Not Guaranteed Bookings
A service request submitted through the platform is an invitation for Contractors to review and consider. A service request is not a confirmed booking, and no Contractor is obligated to accept any request. No service agreement is formed, and no obligation to perform services arises, until a Contractor affirmatively accepts the request through the platform.
3.2 No Obligation to Provide Service
If no Contractor accepts your service request, HOLA has no obligation to provide, arrange, or substitute any service. HOLA does not guarantee that a Contractor will be available to accept any particular request.
3.3 Contractor Pricing
Contractors set their own prices for services. The price quoted to you in the app is the total amount you will pay, which includes the Contractor's service price, HOLA's platform fee, and applicable taxes (see Section 6 for details). HOLA does not set, control, or negotiate Contractor pricing.
4. Property Access and Site Conditions
4.1 Customer Obligations
You must provide safe, lawful, and reasonable access to your property at the scheduled service time. Specifically, you are responsible for:
- Ensuring that gates are unlocked and functioning, or that accurate gate codes are provided through the app
- Securing all pets indoors or in an enclosed area away from the service area
- Turning off or disclosing the location and schedule of sprinklers and irrigation systems
- Removing or disclosing the location of vehicles, toys, hoses, garden decorations, debris, wires, low-hanging obstacles, and other obstructions from the service area
- Disclosing known hazardous or unusual site conditions that could affect service or Contractor safety
- Identifying fragile items, hidden hazards (such as underground utilities, invisible fences, or irrigation heads), recent landscaping work, or other property conditions that are not obvious from a visual inspection
4.2 Right to Decline Service
If property access is unavailable, conditions are unsafe, or site conditions are materially different from what was represented, the Contractor may decline, reschedule, or limit the scope of the service without liability.
4.3 No HOLA Liability for Access Issues
HOLA is not responsible for delays, cancellations, or incomplete performance caused by denied access, inaccurate gate codes, unsecured pets, undisclosed hazards, or other site conditions within your control.
5. Completion Approval and Review Window
For each confirmed booking, the "Review Window" means the period shown to you in the app at or before checkout and in the booking confirmation for that specific job. HOLA will not shorten the Review Window after booking for the applicable transaction.
5.1 Contractor Completion
When a Contractor finishes the requested service, the Contractor will mark the job as complete through the platform. You will be notified of the completion.
5.2 Customer Review Window
After the Contractor marks the job as complete, you have the Review Window to review the results and, if necessary, submit a dispute or re-service request through the in-app ticket system.
5.3 Approval and Payment Trigger
- If you explicitly approve the completed work in the app, the Review Window ends and payment processing is triggered immediately.
- If you do not submit a dispute or re-service request within the Review Window after the Contractor marks the job complete, you authorize automatic payment processing at the end of that window.
5.4 Disputes During the Review Window
Filing a dispute within the Review Window triggers HOLA's in-app ticket and mediation process (see Section 7). Filing a dispute does not guarantee a refund or re-service.
5.5 Evidence in Dispute Review
HOLA may rely on photos, video, in-app messages, timestamps, GPS and location data, service records, and other platform records when reviewing any dispute.
6. Payment Terms
6.1 Payment Processing
You must provide a valid payment method through Stripe. Contractors are merchants of record for the service transaction and process payments through Stripe Connect Standard accounts. HOLA collects a platform service fee as part of each transaction.
6.2 Tax-Included Pricing
Texas state and local sales and use tax is included in the sales price. The total amount displayed to you in the app at the time of booking is the amount you will pay. HOLA does not separately itemize tax to you at checkout. HOLA, Stripe, and/or applicable payment and tax systems may internally calculate, collect, allocate, or remit tax amounts as required by law or payment processing rules. HOLA may correct tax errors, rounding adjustments, refund allocations, reversals, or processor adjustments when required by law or processor rules.
6.3 Authorization and Payment Timing
When a Contractor accepts your service request and a booking is confirmed, you authorize payment of the quoted total amount shown in the app. No payment authorization arises from an unaccepted service request. Payment is processed when:
- You explicitly approve the completed work in the app (see Section 5.3), or
- The Review Window passes after the Contractor marks the job complete without you reporting an issue (see Section 5.3)
6.4 Tips
You may add an optional tip for the Contractor through the app. Tips are paid directly to the Contractor and are not subject to HOLA's platform fee.
6.5 Failed Payments
HOLA and/or Stripe may reattempt processing of failed payments where permitted by applicable law and your payment method's terms. You are responsible for ensuring that your payment method has sufficient funds or credit available.
6.6 Payment Method Issues
HOLA is not responsible for card issuer decisions, payment processing failures, bank or card fees, currency conversion charges, or actions taken by Stripe or your financial institution regarding your payment method.
6.7 Platform Fees
HOLA's platform service fees are generally earned once HOLA has provided its marketplace and technology services, and are generally non-refundable except where required by applicable law or expressly approved by HOLA in its sole discretion.
7. Refunds, Re-Service, and Disputes
7.1 Submitting Complaints
You may submit service-quality, completion, or damage complaints through the in-app ticket system within the Review Window described in Section 5. Re-service requests must also be submitted within this window.
7.2 HOLA's Role in Disputes
HOLA may offer mediation and support to help resolve disputes between you and a Contractor. However, HOLA does not guarantee any particular outcome, including a refund or re-service.
7.3 Contractor-Controlled Refunds
Contractors control refunds for service-related disputes, subject to Stripe and payment processor rules and any applicable platform workflows. HOLA does not unilaterally control all Contractor refund decisions.
7.4 Card Issuer and Stripe Disputes
You retain the right to pursue a dispute through your card issuer or through Stripe's dispute process where applicable, in addition to using the in-app ticket system. Filing a chargeback or payment dispute is subject to Section 8 (Fraud, Abuse, and Account Misuse).
7.5 End of Review Window
Your ability to submit an in-app dispute or re-service request ends when you explicitly approve the completed work or when the Review Window passes after the Contractor marks the job complete without an issue being reported.
7.6 HOLA Platform Fee Refunds
HOLA's marketplace and technology fees are generally non-refundable once HOLA has provided its marketplace and technology services, except where required by applicable law or expressly approved by HOLA.
7.7 Full Refund Handling
If a full customer refund is issued for a completed transaction:
- Applicable tax included in the original price will be reversed or adjusted as required by law
- Tips, if any, are handled separately and may or may not be reversed depending on the circumstances and Contractor agreement
- HOLA's platform fee may or may not be reversed at HOLA's discretion, except where required by law
- Individual components of the transaction (service price, platform fee, tax, tip) may be separately adjusted by HOLA, the Contractor, Stripe, or applicable tax authorities as required
8. Fraud, Abuse, and Account Misuse
8.1 HOLA's Rights
HOLA reserves the right, in its sole discretion, to:
- Suspend, restrict, cancel, or investigate any account, service request, message, or transaction for suspected fraud, abuse, harassment, manipulation, chargeback abuse, coupon or promotional abuse, impersonation, or security concerns
- Request information reasonably necessary to verify your identity or the legitimacy of a transaction
- Cancel or reverse transactions when required by law, Stripe rules, risk controls, or platform safety needs
- Preserve and share relevant records with Stripe, service providers, law enforcement, or parties to a dispute as permitted by law and the Privacy Policy
- Deny access to the platform where necessary to protect users, Contractors, or the platform itself
8.2 Prohibited Conduct
In addition to the restrictions set forth elsewhere in these Terms, you agree not to:
- Use the platform for any illegal purpose or in violation of any applicable law or regulation
- Harass, threaten, intimidate, or abuse any Contractor, other user, or HOLA employee
- Circumvent or attempt to circumvent platform fees by arranging to transact with Contractors discovered through the platform outside of the platform
- Provide false, misleading, or inaccurate information in your account profile, during any transaction, or in any dispute
- Interfere with or disrupt the integrity or performance of the platform
- Contact Contractors outside of the HOLA platform to arrange or pay for services that were initially identified through HOLA, in an attempt to avoid platform fees
- File false, fraudulent, or bad-faith chargebacks, disputes, or complaints
- Create multiple accounts or use another person's account without authorization
8.3 Consequences
Violations of this Section may result in immediate suspension or termination of your account, reversal of transactions, and may subject you to legal liability.
9. Operational Records and Evidence
9.1 Service Records
Contractors and/or HOLA may capture photos, video, timestamps, GPS data, chat logs, and related service records before, during, and after the performance of services. These records may be generated by the Contractor, the platform, or both.
9.2 Permitted Operational Uses
These records may be used for service confirmation, completion verification, fraud prevention, dispute review, customer support, platform safety, quality monitoring, and compliance purposes. By using the platform, you grant permission for these operational uses.
9.3 Handling of Records
Operational records are handled in accordance with the Privacy Policy, including applicable data retention periods.
10. User Content and Reviews
10.1 Content License
By submitting content through the platform — including reviews, ratings, photos, videos, messages, feedback, or other materials — you grant HOLA a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and display that content as reasonably necessary to operate, maintain, improve, and support the platform, subject to the Privacy Policy and Section 11 (Marketing and Media Consent).
Any marketing or promotional use of service-related photos, videos, or other content remains subject to Section 11 and any revocation rights described there.
10.2 Content Moderation
HOLA may host, display, transmit, review, moderate, remove, or refuse any user-submitted content at its sole discretion. HOLA is not obligated to publish or maintain any content.
10.3 Review Standards
Reviews and ratings must be truthful, based on actual experience with the Contractor or service, and not misleading. You may not submit reviews for services you did not receive or for Contractors you did not engage through the platform.
10.4 Prohibited Content
The following content is prohibited on the platform:
- False, deceptive, or misleading statements
- Harassment, threats, or intimidation
- Discriminatory content based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics
- Doxxing or posting personal information of others without their consent
- Spam, solicitation, or unsolicited commercial messages
- Malware, viruses, or other harmful code or links
- Impersonation of another person or entity
- Content that violates any applicable law or regulation
- Confidential information posted without the owner's permission
- Content that infringes on any third party's copyright, trademark, or other intellectual property rights
10.5 User Responsibility
You remain solely responsible for all content you submit through the platform. HOLA does not endorse, verify, or guarantee the accuracy of user-submitted content.
10.6 HOLA Intellectual Property
The HOLA platform, including all software, text, graphics, logos, trademarks, and other content owned by or licensed to Houston's Own Lawn App, LLC, is protected by applicable intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any HOLA-owned content without HOLA's prior written consent.
Any feedback, suggestions, or ideas you provide to HOLA regarding the platform become the property of HOLA without compensation to you, and HOLA may use such feedback for any purpose without restriction.
11. Marketing and Media Consent
11.1 Marketing Use of Service Content
HOLA may wish to use photos, videos, or other content captured during or related to services performed at your property for marketing, advertising, or promotional purposes. Such marketing use is described separately from the operational uses in Section 9.
11.2 Consent
By using the platform, you consent to HOLA's use of service-related photos, videos, and content for marketing, advertising, and promotional purposes. This may include images of your property taken during service. You may revoke consent for specific content as described in Section 11.3.
11.3 Revocation
You may request that HOLA remove specific content featuring your property from marketing materials by contacting support@gethola.com. HOLA will use reasonable efforts to honor such requests within a commercially reasonable time, though content already distributed to third parties or published on external platforms may not be fully retrievable.
12. SMS and Communications
12.1 Transactional Communications
By creating an account with HOLA, you consent to receive transactional SMS and other electronic messages from HOLA for purposes including account security, authentication (one-time passcodes), booking confirmations, job status updates, completion notifications, dispute communications, and customer support. These messages are necessary for platform operation.
12.2 Marketing Communications
HOLA will not send marketing or promotional SMS messages without obtaining your separate express written consent, in accordance with the Telephone Consumer Protection Act (47 U.S.C. § 227) and the Texas Business and Commerce Code Chapter 305. Consent to receive marketing messages is not a condition of purchasing any goods or services through the platform.
12.3 Message Frequency and Rates
Message frequency varies based on your activity on the platform. Standard message and data rates from your mobile carrier may apply. HOLA does not charge separately for SMS messages.
12.4 Opt-Out and Help
- Reply STOP to any HOLA message to opt out of SMS communications, or contact us at support@gethola.com.
- Reply HELP to any HOLA message for assistance.
- Opt-out requests are processed promptly.
- If you opt out of transactional messages, certain platform features (such as login verification, booking confirmations, and job status updates) may not function or may become unavailable.
12.5 Email Communications
HOLA may send you transactional emails related to your account activity, booking confirmations, and receipts. Marketing or promotional emails will include an unsubscribe mechanism, and opt-out requests will be honored within ten (10) business days.
12.6 Full SMS Policy
For complete details regarding SMS communications, message types, carrier support, and data handling, see our SMS & Communications Policy.
13. Comprehensive Liability Disclaimers
13.1 Disclaimer of Liability for Contractor Services
HOLA EXPRESSLY DISCLAIMS ALL LIABILITY for the following, without limitation:
- The quality, safety, or performance of any services rendered by Contractors
- Property damage arising from services performed by Contractors
- Personal injury sustained by any person in connection with Contractor services
- Whether services meet professional, industry, or legal standards of workmanship
- Contractor compliance with applicable local, state, or federal laws
- Failures, errors, or delays in communication between Customers and Contractors
- The accuracy or completeness of Contractor profile information or self-reported qualifications
- Service outcomes or results that fail to meet Customer expectations
- Scheduling issues, cancellations, or Contractor no-shows
- Pricing disputes arising between Customers and Contractors
13.2 No Warranties
HOLA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO:
- Contractor performance, quality, safety, reliability, or timeliness
- The availability or uptime of the platform at any given time
- The accuracy of any information contained in Contractor profiles
- The results or completeness of HOLA's vetting process, which is limited to personal communication and identity verification as described in Section 1.3
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
13.3 Customer-Contractor Relationship
ALL RELATIONSHIPS, AGREEMENTS, AND TRANSACTIONS ARE SOLELY BETWEEN CUSTOMERS AND CONTRACTORS. HOLA is not a party to any agreement between a Customer and a Contractor. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between HOLA and any Contractor.
14. Maximum Limitation of Liability
THE FOLLOWING LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THESE LIMITATIONS ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN HOLA AND YOU.
14.1 Liability Cap
HOLA'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00) OR (B) THE TOTAL PLATFORM FEES ACTUALLY PAID BY YOU TO HOLA IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
14.2 Excluded Damages
IN NO EVENT SHALL HOLA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOST PROFITS OR REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PROPERTY DAMAGE, PERSONAL INJURY OR DEATH, OR ATTORNEYS' FEES, EVEN IF HOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.3 Exceptions
The limitations set forth in Sections 14.1 and 14.2 do not apply to liability arising directly from HOLA's own gross negligence, fraud, or intentional misconduct.
14.4 Basis of Bargain
The platform fees charged by HOLA are set in part in reliance upon these limitations of liability and the disclaimers of warranties set forth in these Terms, which form an essential basis of the bargain between the parties. HOLA would not be able to provide the platform on the same terms without these limitations.
15. Mandatory Arbitration and Dispute Resolution
15.1 Informal Resolution First
Before initiating any formal arbitration, the party asserting a claim must first provide written notice to the other party describing the nature and basis of the claim and the relief sought. The parties agree to negotiate in good faith for a period of thirty (30) days following receipt of such notice before commencing arbitration. Written notice to HOLA must be sent to legal@gethola.com. For claims under the Texas Deceptive Trade Practices Act (DTPA), the sixty (60)-day pre-suit notice required by Tex. Bus. & Com. Code § 17.505 must also be satisfied before filing any action.
15.2 Binding Arbitration
IF INFORMAL RESOLUTION FAILS, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PLATFORM, OR YOUR RELATIONSHIP WITH HOLA (INCLUDING THE VALIDITY OF THIS ARBITRATION CLAUSE) SHALL BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION UNDER THE FEDERAL ARBITRATION ACT (9 U.S.C. §§ 1–16). ARBITRATION SHALL BE CONDUCTED IN HOUSTON, TEXAS, PURSUANT TO THE AMERICAN ARBITRATION ASSOCIATION CONSUMER ARBITRATION RULES THEN IN EFFECT, WHICH ARE AVAILABLE AT WWW.ADR.ORG.
The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including whether a claim is subject to arbitration. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.3 Class Action Waiver
YOU AND HOLA EACH WAIVE THE RIGHT TO PARTICIPATE IN CLASS ACTIONS, COLLECTIVE ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR ANY OTHER REPRESENTATIVE PROCEEDINGS AS EITHER A PLAINTIFF OR CLASS MEMBER. ARBITRATION SHALL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, NEITHER YOU NOR HOLA WILL SEEK A JURY TRIAL AND BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.
If this class action waiver is found to be unenforceable as to a particular claim, that claim must proceed in a court of competent jurisdiction and not in arbitration, but the remainder of this arbitration agreement shall remain in full force and effect.
15.4 Small Claims Exception
Either party may bring an individual claim in a small claims court in Harris County, Texas, provided that the claim qualifies under the applicable jurisdictional limits of that court and the claim is not part of a class or representative action.
15.4a Arbitration Fees
If you are unable to afford the AAA filing fee, HOLA will pay the filing fee on your behalf upon written request to legal@gethola.com. Each party shall bear its own attorneys' fees and costs, except as otherwise required by applicable law.
15.5 Injunctive Relief Exception
Nothing in this Section shall prevent HOLA from seeking emergency injunctive or other equitable relief in any court of competent jurisdiction to protect HOLA's intellectual property rights, proprietary information, or platform security.
15.6 Opt-Out Right
You may opt out of this arbitration agreement by sending written notice to legal@gethola.com within thirty (30) days of first creating your account. Your opt-out notice must include your full name, account email address or phone number, and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.
15.7 Changes to Arbitration Provision
HOLA will provide at least thirty (30) days' advance notice before making any material change to this arbitration provision. Material changes to this arbitration provision will require your affirmative re-acceptance before taking effect. If you do not affirmatively accept the modified arbitration provision, the prior version shall continue to govern disputes between you and HOLA.
16. Customer Responsibilities and Indemnification
16.1 Customer Obligations
As a Customer, you are solely responsible for:
- Selecting Contractors appropriate for the scope and nature of the services you require
- Independently verifying Contractor qualifications, licenses, insurance, and bonding as you deem necessary for the services requested
- Providing clear and accurate communication to Contractors regarding the work to be performed
- Ensuring safe and accessible working conditions at your property (see Section 4)
- Maintaining adequate property insurance coverage
- Resolving service disputes directly with Contractors, with or without HOLA's mediation assistance
- Ensuring timely payment for all services in accordance with these Terms
- Complying with all applicable local ordinances and property maintenance laws
16.2 Property Safety
You represent and warrant that:
- Your property is safe for access by Contractors and their equipment
- You have disclosed all known hazards on or about the property to the Contractor prior to the commencement of services
- You have the legal authority and right to authorize the requested services to be performed at the property
- All necessary permits and approvals required for the requested services have been obtained or will be obtained prior to service commencement
16.3 Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS HOUSTON'S OWN LAWN APP, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) YOUR USE OF THE PLATFORM; (B) YOUR VIOLATION OF THESE TERMS OF SERVICE; (C) YOUR VIOLATION OF ANY APPLICABLE LAW OR REGULATION; (D) ANY DISPUTE BETWEEN YOU AND A CONTRACTOR ARISING FROM YOUR OWN ACTS OR OMISSIONS; (E) YOUR FAILURE TO PAY FOR SERVICES RECEIVED; OR (F) YOUR FAILURE TO COMPLY WITH THE PROPERTY ACCESS AND SITE CONDITIONS REQUIREMENTS IN SECTION 4.
This indemnification obligation applies solely to claims arising from your own acts or omissions. You are not required to indemnify HOLA for claims arising from HOLA's own negligence, gross negligence, fraud, or intentional misconduct.
17. General Provisions
17.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law provisions. Any arbitration conducted pursuant to Section 15 shall take place in Houston, Harris County, Texas. To the extent any claim is not subject to arbitration, the exclusive jurisdiction and venue for such claim shall be the state and federal courts located in Harris County, Texas, and you hereby consent to personal jurisdiction in such courts.
17.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of these Terms shall continue in full force and effect.
17.3 Entire Agreement
These Terms, together with HOLA's Privacy Policy, SMS & Communications Policy, Media Consent & Release, and any additional terms disclosed to you at the time of a specific transaction, constitute the entire agreement between you and HOLA with respect to your use of the platform and supersede all prior or contemporaneous negotiations, agreements, representations, and understandings.
17.4 Modifications
HOLA reserves the right to modify these Terms at any time. For material changes, HOLA will provide at least thirty (30) days' advance notice via email or in-app notification. Material changes — including changes to the dispute process, arbitration provisions, payment timing, fees, refund rules, or customer obligations — apply prospectively and do not retroactively alter the terms applicable to transactions already completed or disputes already accrued at the time of the change. Material changes to the arbitration provision in Section 15 will require your affirmative re-acceptance before taking effect. Continued use of the platform after the expiration of the notice period constitutes your acceptance of the modified Terms for future transactions.
17.5 Survival
Any provisions of these Terms that by their nature should survive termination or expiration will survive, including without limitation provisions regarding: payment obligations, taxes and fee adjustments, refunds and chargebacks, dispute procedures, arbitration and class action waiver, content licenses, records retention for compliance and fraud prevention, indemnification, limitations of liability, and enforcement rights. Sections 5 through 16 and this Section 17 shall survive any termination or expiration of these Terms or your account.
17.6 Account Termination
HOLA may suspend or terminate your account and access to the platform at any time for any reason, with or without notice. Upon termination, your right to use the platform ceases immediately, subject to the survival provisions in Section 17.5.
17.7 No Waiver
HOLA's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of HOLA to be effective.
17.8 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without HOLA's prior written consent. HOLA may freely assign these Terms or any of its rights hereunder without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of HOLA's assets. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and permitted assigns.
18. Accessibility
HOLA is committed to making its platform accessible to all users, including individuals with disabilities. If you experience any accessibility barriers while using the HOLA platform, please contact us at support@gethola.com so we can assist you and work to improve our accessibility.
19. Contact Information
If you have any questions about these Terms of Service, please contact us:
Houston's Own Lawn App, LLC Email: legal@gethola.com Katy, Texas 77450
BY USING THE HOLA PLATFORM AS A CUSTOMER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN THEIR ENTIRETY.