These Terms of Service ("Terms"), along with Your Subscription Agreement, outline the rules and conditions under which our services are provided. By accessing or using the Mowiin website at www.mowiin.com you acknowledge and agree to these Terms. Mowiin reserves the right to modify these Terms at any time, with or without prior notice to you. It is your responsibility to review these Terms regularly. Continuing to use Mowiin's services after changes have been made to these Terms signifies your acceptance of those changes. By accepting or using our services, you agree to be bound by the terms and conditions set forth in this agreement. Please read these terms carefully. If you do not agree to these terms, you must not use our services.

Definitions

To ensure clarity and avoid ambiguity, the following terms are defined as such:

"Service Area" refers to the geographical location where our services are provided.

"Secured Pets" means pets that have been safely confined or restrained to prevent access to the service area.

"Accessible Areas" are parts of the service area that can be reached and serviced without restrictions.

Notification Requirement

Homeowners must inform us in advance if pets will be present in the service area on the scheduled day of service. A notice period of [insert required notice period here] is required to allow for adequate planning and adjustments.

Service Provider's Obligations

We are committed to ensuring the safety of your property and the well-being of your pets in non-service areas. We will exercise care and diligence to avoid property damage and ensure pet safety at all times. We recommend specific protocols for securing pets to ensure their safety and protect our personnel. If parts of the yard are omitted due to accessibility issues, the full fee remains due. However, conditions under which a fee reduction might be applicable will be considered if a substantial portion of the yard is regularly inaccessible.

Smart Sprinkler Controller Program

As part of our commitment to water conservation, Mowiin offers a free smart sprinkler controller through the Utah Water Savers program. This controller is provided under the Smart Controller Program (https://www.utahwatersavers.com/smartcontrollerprogram). Mowiin will install the controller at no cost to the homeowner, with reimbursement for the device coming from the state program. Participation in this program is subject to eligibility requirements and approval by Utah Water Savers.

The installation is free as long as the customer does not cancel before the end of the season, which is October of each year. If the customer cancels before the end of the season, a schedule commitment fee, not exceeding $100, will be applied. The installation fee will not be reimbursed at the end of the year nor during the service period if the customer cancels prematurely.

Service Limitation and Liability

Mowiin is not responsible for any loss or damage to property left in the service area or for any damages that occur during the service. Mowiin considers its service providers as independent contractors rather than employees.

Customer Responsibility

Customers are required to ensure a clear area for lawn service. Mowiin representatives are advised not to move objects attached to the floor or objects heavier than 3 lbs. If a contractor decides to assist with moving items, Mowiin will not be liable for any damage that occurs as a result. Any damages to objects remain the responsibility of the property owner.

Reporting Process

Customers who experience property damage are advised to report the issue through Mowiin's customer support. Mowiin may review the claim and determine the appropriate action, which might include facilitating communication between the customer and the contractor.

Resolution

In cases where the contractor is found responsible for the damage, Mowiin might assist in facilitating a resolution, but the ultimate responsibility for compensation typically lies with the contractor.

Privacy and Data Use

We reserve the right to capture before and after images of service areas that are visible from public spaces for quality assurance, record of service, and promotional purposes. It's important to note that we strictly adhere to legal guidelines and will not photograph private areas not visible from public locations.

Dispute Resolution

Any disagreements shall first be attempted to be resolved through mediation or arbitration before any legal action is taken. All complaints need to be submitted through the web form at mowiin.com.

Modification or Cancellation Policy

To maintain transparency and predictability, our policy requires that all cancellations or modifications to the service agreement be submitted no later than three days prior to the next scheduled service. In the event that a cancellation is made within this three-day window, the scheduled service will still need to be provided. This policy ensures that customers are aware they remain entitled to the scheduled service, even if the cancellation request is made late. We aim to keep our policies clear and straightforward, assisting our customers in their planning and ensuring the efficient operation of our services.

Confirmation of Understanding

By using our services, homeowners confirm their understanding and agreement to these terms. Consultation with legal counsel is advised if there are any concerns.

Indemnity

You agree to defend, indemnify, and hold harmless Mowiin and its affiliates from any liabilities, claims, and expenses, including attorney fees, arising from your use or misuse of the websites. Mowiin reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification from you, in which case you will provide cooperation as we reasonably request.

Content and Service Changes Disclaimer

The site may contain technical errors, inaccuracies, or typographical mistakes. Mowiin reserves the right to make changes to the content and services, including the prices and descriptions of any products or services listed, at any time without notice.

Limitation of Liability

Except for claims under a party's indemnification obligations in this agreement, neither party's total liability will exceed the amount you have paid Mowiin in the twelve (12) months preceding the claim. Neither party will be liable for any indirect, punitive, special, exemplary, incidental, consequential, or other damages from your use of the services. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Notice

Mowiin may provide notice via email to your email address on record. Other notices must be in writing and delivered personally or sent by first-class, registered, or certified mail, postage prepaid.

Assignment

This Agreement may not be assigned by either party without the other's prior written consent, which shall not be unreasonably withheld. However, assignment is permitted without consent to a parent or subsidiary, an acquirer of assets or equity, or a successor by merger. Any assignment in violation of this section is void.

General Provisions

This Agreement shall be governed by the laws of Utah, without regard to its conflict of laws principles. If any provision is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible. No joint venture, partnership, employment, or agency relationship exists between you and Mowiin as a result of this agreement. Failure by Mowiin to enforce any provision of this Agreement does not constitute a waiver of such provision. This Agreement constitutes the entire agreement between you and Mowiin regarding its subject matter, superseding any prior agreements or negotiations.

Thank you for choosing our services. We are committed to providing you with the highest quality service in compliance with these terms.