Terms of Service

Effective Date: [INSERT DATE] · Last Updated: [INSERT DATE]

These Terms of Service ("Terms") govern your use of the website, services, and communications operated by Holly Home Services ("Holly," "we," "us," or "our"). By using our website or submitting a service request, you agree to these Terms. If you do not agree, do not use our services.

PLEASE READ CAREFULLY. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER (SECTION 12) THAT AFFECT YOUR LEGAL RIGHTS.

1. What Holly Is — and What Holly Is Not

Holly is a lead-generation service that connects Austin-area homeowners with vetted, independent local landscaping and tree service professionals ("Service Providers").

Holly is not a landscaping or tree service company. We do not own trucks or equipment, do not employ crews, and do not perform landscaping, tree care, or any other home services. Service Providers are independent businesses, not employees, agents, partners, or subcontractors of Holly.

When you submit a service request, Holly's role is to introduce you to one or more Service Providers. Any agreement to perform work, the price, the schedule, the quality of the work, and the resolution of any disputes are matters between you and the Service Provider directly.

2. Eligibility

You must be at least 18 years old and a legal resident of the United States to use Holly's services. By using our services, you represent that you meet these requirements and that the information you submit is accurate and complete.

3. Submitting a Service Request

When you submit a service request:

You authorize Holly to share your contact information and project details with one or more Service Providers in our network.
You authorize Holly and Service Providers to contact you by phone, text message, and email about your request (see Section 4).
You confirm that the information you provide is accurate, that the property is yours or that you have authority to request work on it, and that you are the authorized account holder for the phone number provided.

We currently route requests on a first-come, first-served basis to a single Service Provider at a time. If a Service Provider does not respond or declines, your request may be offered to another provider.

4. Phone and Text Message Consent

By submitting your phone number through our website, you provide your prior express written consent to receive phone calls and text messages from:

Holly Home Services and our communication vendors; and
One or more Service Providers in our network whom Holly matches with your request.

This consent specifically includes calls and text messages sent using an automatic telephone dialing system, an artificial or prerecorded voice, or any combination of the foregoing, regarding your service request.

Consent to receive marketing messages is not a condition of using our matching service. You may decline marketing communications and still submit a service request. Standard message and data rates may apply. Message frequency varies.

You may revoke consent at any time by replying STOP to any text message, by emailing [INSERT SUPPORT EMAIL], or by any other reasonable means. We will honor revocation requests within 10 business days. Revoking consent with Holly does not automatically revoke consent with a Service Provider that has already received your information; you must contact that Service Provider directly.

See our Privacy Policy for full details on how we handle phone and text communications, including call recording.

5. No Endorsement, No Guarantee

Holly screens Service Providers based on criteria we believe support quality, but we do not guarantee the work, conduct, qualifications, licensing status, insurance, pricing, or background of any Service Provider.

You are responsible for:

Independently evaluating any Service Provider before hiring them.
Verifying licenses, insurance, references, and pricing.
Reviewing and signing your own contract directly with the Service Provider.
Inspecting and approving the work performed.

Any reviews, ratings, descriptions, or vetting indicators on our website are informational only and do not constitute an endorsement, recommendation, or warranty.

6. Disputes with Service Providers

Any dispute regarding work performed, pricing, scheduling, damage, refunds, warranties, or any other aspect of services provided by a Service Provider is solely between you and that Service Provider. Holly is not a party to your agreement with a Service Provider and has no obligation to mediate, refund, repair, replace, or otherwise resolve disputes between you and a Service Provider.

We may, at our discretion, ask Service Providers about a dispute or remove a Service Provider from our network, but we have no obligation to do so.

7. Pricing and Payment

Holly does not charge homeowners to use the matching service. Service Providers pay Holly a fee for receiving qualified leads. You will pay the Service Provider directly for any work performed, on terms agreed between you and that provider.

8. Acceptable Use

You agree not to:

Submit false, misleading, or fraudulent information.
Submit a request on behalf of someone else without their authorization.
Use Holly's services for any illegal, harassing, or abusive purpose.
Attempt to scrape, copy, or reverse engineer our website or systems.
Interfere with the operation or security of our website.
Use Holly to circumvent Service Providers' fees or otherwise misuse the matching service.

We may suspend or terminate access for any user who violates these Terms, with or without notice.

9. Intellectual Property

All content on the Holly website — including text, logos, graphics, design, and code — is owned by Holly or its licensors and is protected by copyright, trademark, and other laws. You may view and use the website for personal, non-commercial purposes only. You may not copy, reproduce, modify, or distribute our content without our prior written permission.

The "Holly Home Services" name, logo, and brand elements are trademarks of Holly Home Services. You may not use them without our written permission.

10. Disclaimer of Warranties

THE HOLLY WEBSITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HOLLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, HOLLY MAKES NO WARRANTY THAT:

THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
ANY SERVICE PROVIDER WILL CONTACT YOU, ACCEPT YOUR PROJECT, OR PERFORM SATISFACTORY WORK.
INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, OR CURRENT.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOLLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR PROPERTY, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY INTERACTION WITH A SERVICE PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HOLLY'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

This Section does not limit liability for any matter that cannot be limited under applicable law.

12. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION.

12.1 Agreement to Arbitrate

You and Holly agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Holly website, our services, or any communications with us — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — will be resolved by binding individual arbitration, not in court, except as set out below.

12.2 Exceptions

The following are excluded from arbitration and may be brought in court:

Small claims court actions, if the dispute qualifies.
Claims to enforce, protect, or determine the validity of intellectual property rights.
Claims for injunctive relief based on unauthorized use or misuse of the website.

12.3 Arbitration Procedure

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will take place in Travis County, Texas, or by video or telephone if both parties agree. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.4 Class Action Waiver

YOU AND HOLLY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class proceeding.

12.5 Opt Out of Arbitration

You may opt out of this arbitration agreement by sending written notice to [INSERT SUPPORT EMAIL] within 30 days of first accepting these Terms. Your notice must include your full name, mailing address, and a clear statement that you are opting out. Opting out will not affect any other provision of these Terms.

12.6 Severability

If the class action waiver is found unenforceable as to any claim, that claim must proceed in court rather than arbitration. The remainder of this Section will remain in effect.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles. Subject to Section 12 (Arbitration), any action that may proceed in court will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the jurisdiction of those courts.

14. Indemnification

You agree to indemnify and hold harmless Holly and its officers, directors, employees, and affiliates from any claim, loss, liability, demand, or expense (including reasonable attorneys' fees) arising out of: (a) your use of our website or services; (b) your interaction with any Service Provider; (c) your breach of these Terms; or (d) your violation of any law or third-party right.

15. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date reflects the most recent change. Continued use of the website or services after a change constitutes acceptance of the updated Terms. Material changes will be posted on our homepage or communicated to you directly.

16. Termination

We may suspend or terminate your access to the website at any time, with or without notice, for any reason. Sections that by their nature should survive termination (including Sections 5, 6, 10, 11, 12, 13, and 14) will survive.

17. Miscellaneous

Entire Agreement. These Terms and our Privacy Policy are the entire agreement between you and Holly regarding the website and services.
Severability. If any provision is found unenforceable, the remaining provisions will remain in effect.
No Waiver. Failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms. We may assign them without notice.

18. Contact Us

Holly Home Services
Email: [INSERT SUPPORT EMAIL]
Mailing Address: [INSERT MAILING ADDRESS]
Phone: [INSERT PHONE]