Terms of Service

The agreement

These terms are an agreement between you and JMF Group LLC, doing business as GardnerPay ("GardnerPay," "we," "us"). By using gardnerpay.com, the GardnerPay app, or our texts and payment links, you agree to them and to our Privacy Policy. If you use GardnerPay for a business, you agree on behalf of that business.

What GardnerPay is

GardnerPay is software that helps gardeners bill their clients: invoices, quotes, payment links, automatic monthly charges and messages. GardnerPay doesn't provide gardening services and isn't a party to the agreement between a gardener and their client. The gardener is responsible for the work, its price and quality, refunds, and their relationship with their clients.

Payments

Payments are processed by Stripe. Gardeners are paid directly into their own Stripe account and must accept Stripe's terms to receive payments. GardnerPay isn't a bank and doesn't hold anyone's money. Payouts, holds, refunds and card disputes are also subject to Stripe's terms.

Prices and fees

Each gardener sets their own prices. The listed price is the card price; the gardener may give a discount to clients who pay by bank transfer, cash or check. GardnerPay never adds a fee to card payments. Gardeners pay the GardnerPay fees shown in the app or at gardnerpay.com at the time of each payment, which may be deducted from the payment, plus what Stripe charges them to process payments. We'll give gardeners notice before changing our fees.

Gardener accounts

You must be at least 18, give accurate information and keep your password safe. You're responsible for activity on your account. As a gardener, you agree to:

• add only clients you actually work for;
• have each client's permission before GardnerPay texts or emails them, confirm it truthfully when you add a client, and respect opt-outs;
• describe your work and prices accurately;
• follow the laws that apply to your business, including consumer protection, pricing, tax and licensing rules;
• handle refunds, complaints and disputes with your clients.

Clients of a gardener

If your gardener bills you through GardnerPay, you can view and pay invoices, accept or decline quotes, and send photos of work you'd like done, without an account. If you save a card or bank account for automatic payments, you authorize your gardener, through Stripe, to charge it for the plan and the invoices you agreed to until you cancel. To cancel automatic payments, or if a charge looks wrong, contact your gardener first; you can also email us at hello@gardnerpay.com and we'll help. Your rights with your bank or card issuer still apply.

Text messages

GardnerPay sends billing texts on behalf of gardeners only to clients who agreed to receive them: invoices, quotes, payment links and receipts. Message frequency varies. Message and data rates may apply. Reply STOP to cancel or HELP for help. Agreeing to texts isn't a condition of buying any service. Carriers aren't liable for delayed or undelivered messages. Each gardener's page has its full texting terms.

Photos and content

You keep ownership of the photos and information you add. You allow GardnerPay to store, process and show them as needed to run the service, for example to show a job photo to the gardener and client, or to produce an AI price suggestion when the gardener asks for one. Don't upload anything you don't have the right to share, or anything unlawful.

AI price suggestions

AI price suggestions are estimates to help gardeners and can be wrong. The gardener decides the price.

Acceptable use

Don't misuse GardnerPay. That includes fraud, charges a client didn't agree to, unwanted texts or spam, harassment, trying to break, overload or get around the service's protections, using someone else's account, or copying or reverse engineering the service.

Suspension and closing an account

You can stop using GardnerPay and delete your account at any time (here's how). We may suspend or close an account that breaks these terms, puts others at risk, or that Stripe or the phone carriers require us to stop. Amounts owed and the sections on disclaimers, liability and indemnity continue after an account closes.

Disclaimers

GardnerPay is provided "as is" and "as available," without warranties of any kind, to the extent the law allows. We don't promise the service will be uninterrupted or error-free, or that every text or email will be delivered.

Limitation of liability

To the extent the law allows, GardnerPay isn't liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim is limited to the greater of the fees you paid GardnerPay in the 12 months before the claim or $100.

Indemnity

Gardeners will defend and hold GardnerPay harmless from claims arising from their services, their prices, their clients' consent to messages, or their breach of these terms or the law.

Governing law

California law governs these terms, without regard to conflict-of-law rules. Disputes will be decided in the state or federal courts located in California, unless the law requires otherwise.

Changes

We may update these terms. We'll post the new version here with a new date and tell gardeners about significant changes by email or in the app. Using GardnerPay after a change means you accept it.

Contact

hello@gardnerpay.com