Kempt Terms of Service

1. Who We Are and Your Agreement

Kempt is a software service (SaaS) built and operated from Tampa Bay, Florida, USA, for independent lawn-care and landscaping businesses. In these Terms, "Kempt", "we", "us", and "our" mean the Kempt service and its operator. "You" and "your" mean the lawn-care business that owns the account and subscribes to the service. "End customers" mean the homeowners and property owners you serve and enter into Kempt.

By creating a Kempt account or using the service, you agree to these Terms of Service. If you do not agree, please do not use Kempt. If you are using Kempt on behalf of a business, you agree to these Terms for that business.

These Terms work together with our Privacy Policy, which explains how we handle personal information. Kempt is currently offered during a beta period, and some sections below describe how that affects the service.

2. Eligibility

To use Kempt, you must be at least 18 years old, use the service for a business or commercial purpose, and have the authority to enter into these Terms on behalf of your business. Kempt is a tool for running a lawn-care business — it is not a consumer service and is not directed to children.

The end-customer information you manage in Kempt consists of business contacts for your services. Kempt is not intended for collecting information from children under 13, and you should not use it for that purpose.

3. Your Account

When you register, you agree to provide accurate and complete information and to keep it up to date. You are responsible for keeping your login credentials secure and for all activity that happens under your account.

Authentication is handled by our authentication provider, and your password is hashed — Kempt never stores your password in plain text. Even so, keeping your credentials confidential is your responsibility. If you believe your account has been accessed without your permission, please notify us promptly at [email protected] so we can help.

4. What Kempt Provides

Kempt gives your lawn-care business the tools to run and grow professionally. Depending on your plan, the service includes:

• A professional public website for your business, at a yourname.kempt.site subdomain (or your own custom domain on the Pro plan), including a quote-request form that feeds leads directly into your customer list.
• Customer management, including contacts, service addresses, and private notes.
• Scheduling, including a day-by-day route, recurring visits, and the one-tap "Rain Day" reschedule that automatically notifies affected customers.
• Invoicing and online payments processed through Stripe.
• Text messaging / SMS to your end customers on the Pro plan — reminders, "on my way" messages, invoice-by-text, and review requests — with email versions of these messages on the Free plan.
• Email reminders and receipts.
• Guidance for claiming a Google Business Profile, which you create and own directly with Google.
• One-click CSV export of your customer list, so your data stays portable.

We may add, change, or remove features over time as we improve the service.

5. Plans, Fees and Billing

Kempt offers two plans. You choose the one that fits your business, and you can change or cancel at any time.

• Free plan: $0 per month. Card payments cost 3.4% + 30¢ (all-in). Bank/ACH payments cost 1%, capped at $10.
• Pro plan: $39 per month, or $348 per year billed annually (equivalent to $29 per month). Card payments drop to 2.9% + 30¢ (Stripe's pass-through rate — Kempt adds no card margin on Pro). Bank/ACH payments cost 1%, capped at $10, the same as Free. Pro adds the SMS texting bundle and a custom domain.

An optional one-time "Launch Setup" service is available for $199–$299, and is free for Tampa Bay founding members during the beta.

There is no long-term contract, no setup fee to start, and no cancellation fee. You can cancel anytime. Your paid subscription automatically renews for the same term (monthly or annual) until you cancel, and you authorize us to charge the applicable subscription fee at each renewal until you do.

Subscription fees are stated exclusive of taxes. You are responsible for any sales, use, or similar taxes that apply to your subscription or to the services you provide to your end customers, other than taxes based on Kempt's income.

Prices and fees may change. We will communicate any changes in advance, and changes take effect prospectively — they will not apply retroactively to periods you have already paid for.

6. Payments and Stripe

Payments in Kempt are processed by Stripe. To accept payments, you create or connect your own Stripe account through Stripe Connect. You are the merchant of record for your charges, and your own business name appears on your customer's statement or card descriptor.

Funds flow through Stripe directly to your own bank account on Stripe's standard payout schedule, which is typically about two business days. Kempt never holds, touches, or controls your funds. Kempt is not a bank, money transmitter, or payment processor.

The published card and bank/ACH rates above are composed of Stripe's own processing fee plus a platform "application fee" that Kempt collects. Stripe deducts its fee automatically. Card data is handled by Stripe under PCI-DSS standards; Kempt does not store full card numbers, and any saved cards or autopay mandates are stored by Stripe under your Stripe account.

Your use of Stripe is also governed by Stripe's Connected Account Agreement and Stripe Services Agreement, which you accept directly with Stripe. Refunds, disputes, and chargebacks are your responsibility and are handled through Stripe — you bear refunded amounts, chargebacks, and related fees. When Stripe verifies a new business, it may hold a first payout; this is Stripe's policy, not Kempt's.

Kempt does not provide financial, tax, or investment advice. You are responsible for your own pricing, bookkeeping, and tax decisions.

7. Text Messaging and SMS

Text messaging is a Pro feature, delivered through a telecommunications carrier partner using a US local number. When you send text messages to your end customers through Kempt, you are the sender and the party responsible for those messages.

You are solely responsible for obtaining and maintaining the legally required consent from each end customer before texting them, and for complying with all applicable laws, including the federal Telephone Consumer Protection Act (TCPA), the Florida Telephone Solicitation Act (FTSA), CAN-SPAM, and carrier and CTIA requirements. Consent is never a condition of purchase.

Kempt provides tools and guardrails to help you stay compliant, but they do not shift responsibility to us. These guardrails include:

• Per-customer consent flags that distinguish transactional from promotional messages.
• Quiet-hours limits that restrict messages to roughly 8am–8pm in the customer's local time.
• A daily per-customer message cap.
• Automatic honoring of opt-out keywords (such as STOP / ALTO and equivalents), which immediately suppress further messages.

Texting requires a one-time A2P 10DLC registration of your business with the carriers (business/brand plus campaign), which usually clears in 1–3 business days. Until registration clears, and on the Free plan, these messages are delivered by email instead. Message and data rates may apply to your recipients.

You agree to indemnify Kempt for any claims arising from your messaging, as described in the Indemnification section below.

8. Your Content and Customer Data

You own your content and your customer list. This includes your business information, your public site content, your contacts, service addresses, notes, and the end-customer data you enter into Kempt.

You grant Kempt a limited license to host, store, process, and display your content and data solely to operate and provide the service to you. For end-customer data, you are the controller and owner of that information, and Kempt acts as your service provider or processor, handling it on your behalf and on your instructions.

You represent that you have the right to collect and upload the content and customer data you put into Kempt, and that you have obtained any consents required to do so — including consent to contact your end customers by the methods you choose. End customers who want their data changed or removed should contact your business directly; Kempt will assist you with those requests.

Your data stays portable. You can export your customer list at any time with a one-click CSV export.

9. Acceptable Use

Kempt is here to help you run an honest, professional business. You agree not to use the service to:

• Do anything illegal, infringing, deceptive, misleading, or harassing.
• Send spam or messages to people who have not given the required consent.
• Upload or distribute malware or other harmful code.
• Scrape, reverse engineer, decompile, or attempt to derive the source code of the service.
• Resell, sublicense, or provide the service to third parties as your own.
• Overload, disrupt, or attempt to gain unauthorized access to the service or its infrastructure.
• Publish false or misleading content on your public Kempt site.

You are responsible for keeping your public site content accurate and lawful.

10. Intellectual Property

Kempt owns the platform, software, designs, and the Kempt brand, including our name, logo, and marks. While you subscribe, we grant you a limited, non-exclusive, non-transferable license to use Kempt for your business, subject to these Terms.

You keep ownership of your own content and your own business marks. Nothing in these Terms transfers your brand to us or our brand to you.

If you share feedback, ideas, or suggestions about Kempt, you grant us a perpetual, royalty-free license to use them to improve the service, without any obligation to you.

11. Third-Party Services

Kempt works with trusted third-party services to deliver features. These include Stripe for payments, our SMS carrier provider for text delivery, Google Business Profile (which you set up directly with Google), and our hosting and infrastructure providers.

These services are governed by their own terms, and your use of them is between you and each provider. Kempt is not responsible for third-party outages or for decisions those providers make — such as Stripe payout or verification holds, or a carrier's rejection or delay of your 10DLC registration.

12. Beta Services

Kempt is currently offered during a beta period. The service is provided "as is", and features may change, be added, or be removed as we learn and improve.

If you are granted founding-member pricing, we will honor it as described on our marketing page at kemptlawn.com.

13. Term, Cancellation and Suspension

These Terms apply for as long as you use Kempt. You can cancel your subscription at any time, with no cancellation fee. When you cancel, your paid features stop at the end of your current billing period, and you can export your customer data before your account closes.

On cancellation, your public Kempt site and Pro features are turned off. We give you a window to export your data. After that, Kempt retains data only as needed to meet legal, tax, and compliance obligations, and then deletes or anonymizes it.

We may suspend or terminate your account for non-payment, illegal use, abuse, a security risk, or violation of these Terms. Where practical, we will give you notice and a chance to export your data first. If your account is terminated, your license to use Kempt ends, and the sections of these Terms that by their nature should survive — such as payment obligations, disclaimers, limitation of liability, and indemnification — will continue to apply.

14. Disclaimers

Kempt is provided "as is" and "as available", without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or completely secure.

You are responsible for your own business decisions, your pricing, your tax and legal compliance, and the way you serve your end customers. Kempt is a tool to help you operate — it does not replace your own professional judgment or your obligation to follow the law.

15. Limitation of Liability

To the fullest extent permitted by law, Kempt will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any lost profits, lost revenue, lost data, or business interruption, arising out of or related to your use of the service.

To the fullest extent permitted by law, Kempt's total aggregate liability for any claims arising out of or related to the service or these Terms is limited to the amount of fees you paid to Kempt in the twelve months before the event giving rise to the claim.

Some jurisdictions do not allow certain limitations or exclusions of liability, so some of the above may not apply to you. In that case, our liability is limited to the greatest extent permitted by law.

16. Indemnification

You agree to defend, indemnify, and hold harmless Kempt from and against any claims, damages, losses, liabilities, and reasonable costs and expenses (including attorneys' fees) arising out of or related to:

• Your content and the customer data you upload or manage in Kempt.
• Your text messaging and your compliance with the TCPA, FTSA, CAN-SPAM, and carrier and CTIA requirements.
• Your violation of any law or regulation, or of these Terms.
• Your services to your end customers and your business decisions.

We will let you know about any claim covered by this section and may participate in the defense with our own counsel.

17. Changes to the Service and to These Terms

We may update the service and these Terms over time. When we make material changes to these Terms, we will notify you — for example, by email or in-app — and we will update the "Effective date" at the top of this document.

Your continued use of Kempt after the effective date of the updated Terms means you accept the changes. If you do not agree to the updated Terms, you should stop using the service and may cancel your account.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws rules. You and Kempt agree that the state and federal courts located in Florida are the venue for any dispute that is not otherwise resolved.

Before starting formal proceedings, we both agree to try to resolve any dispute informally and in good faith. Just reach out to us at [email protected], and we will work with you to try to find a fair resolution.

19. Miscellaneous

These Terms, together with the Privacy Policy and any plan details you agree to, are the entire agreement between you and Kempt regarding the service, and they replace any earlier agreements on the same subject.

If any part of these Terms is found to be unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent, but we may assign them in connection with a merger, acquisition, or sale of our business. Neither party is responsible for delays or failures caused by events beyond its reasonable control, such as natural disasters, outages, or acts of government.

20. Contact

Questions about these Terms? We would love to hear from you. Reach us at [email protected]. You can learn more about Kempt at kemptlawn.com. Keep it kempt.