Terms of Service

1. The Service

Nytrojen is a business-management platform for lawn care and turf treatment operators. It includes customer and property management, scheduling and routing, estimates and invoicing, inventory and ordering, customer messaging (email and SMS), payment processing integrations, and related tools. We may add, change, or remove features as the Service evolves; we will not materially reduce the core functionality of your subscription during a paid term without notice.

2. Eligibility and accounts

The Service is offered for business use. You must be at least 18 years old and have authority to bind the business on whose behalf you use the Service.

You are responsible for maintaining the confidentiality of login credentials for your account and for all activity that occurs under your account, including activity by users you invite (administrators, technicians, and read-only users). Each user seat is for one named person — credentials may not be shared. Notify us promptly at support@nytrojen.com if you suspect unauthorized access.

3. Subscriptions, fees, and payment

The Service is sold as a monthly subscription. Fees, included usage (such as properties and user seats), and add-on pricing are those presented to you at purchase or in the Service's billing settings. Subscriptions renew automatically each billing cycle until canceled.

We may change pricing with at least 30 days' advance notice; changes take effect at your next billing cycle. Applicable taxes are your responsibility. If payment fails or an account becomes past due, we may place the account in a read-only state and, after continued non-payment, suspend access until the balance is resolved. You may cancel at any time from the Service's billing settings; cancellation takes effect at the end of the current billing period and fees already paid are non-refundable except where required by law.

4. Your data

You own the data you and your users enter into the Service — your customer records, properties, schedules, estimates, invoices, and related business records (“Customer Data”). You grant us a limited license to host, process, transmit, display, and back up Customer Data solely to provide and support the Service.

We do not sell Customer Data. You can export your data from within the Service at any time. If your subscription is canceled, we retain your Customer Data for 90 days so you can reactivate or complete an export, after which it is permanently deleted from the Service, except for records we are legally required to keep (such as billing records).

5. Your customers and communications compliance

The Service can send email and SMS messages to your customers on your behalf. You — not Nytrojen — are the sender of those communications, and you are solely responsible for them. In particular, you are responsible for:

• Obtaining and documenting any consent required to contact your customers by email or SMS, and honoring opt-outs (including STOP replies and unsubscribe requests) — the Service enforces opt-outs automatically, but the underlying consent is yours to obtain.
• Complying with applicable communications laws and carrier requirements, including the TCPA, CAN-SPAM, and A2P 10DLC registration requirements where applicable.
• The accuracy and lawfulness of the content of messages, estimates, and invoices you send through the Service.
• Complying with the laws and regulations that govern your trade, including pesticide and fertilizer application licensing, record-keeping, and notification requirements in your jurisdiction. The Service helps you keep records; it does not provide legal or regulatory advice, and record formats are not warranted to satisfy any particular regulator.

6. Payments between you and your customers

Card payments are processed by Stripe through your own connected Stripe account, subject to Stripe's terms. Nytrojen is not a party to transactions between you and your customers, is not a money transmitter, and is not responsible for chargebacks, refunds, or disputes between you and your customers.

7. Acceptable use

You agree not to:

• Use the Service to send spam or unsolicited messages, or for any unlawful, deceptive, or fraudulent purpose.
• Probe, scan, or test the vulnerability of the Service, bypass authentication or access controls, or access data belonging to another customer.
• Reverse engineer, copy, resell, sublicense, or provide the Service to third parties as a service bureau.
• Upload malicious code or interfere with the integrity or performance of the Service.
• Use automated means to scrape or extract data from the Service other than through features we provide.

8. Third-party services

The Service interoperates with third-party services — including Stripe (payments), Twilio (SMS), Postmark (email), QuickBooks Online (accounting), and Google Maps (geocoding and mapping). Your use of those services is governed by their own terms, and we are not responsible for their availability or performance. Features that depend on a third-party service may be limited or unavailable when that service is disrupted.

9. Intellectual property

Nytrojen owns the Service, including all software, design, and trademarks. These Terms do not transfer any of our intellectual property to you. If you send us feedback or suggestions, you grant us a perpetual, royalty-free license to use them without obligation to you.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYTROJEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NEVER BE LOST — MAINTAIN YOUR OWN EXPORTS OF CRITICAL RECORDS.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NYTROJEN WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. NYTROJEN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND SURVIVE TERMINATION.

12. Indemnification

You will defend and indemnify Nytrojen against claims, damages, and expenses (including reasonable attorneys' fees) arising from: (a) Customer Data or content you send through the Service; (b) your communications with your customers, including claims under communications or consumer-protection laws; (c) your violation of these Terms or of applicable law, including trade and pesticide regulations; or (d) disputes between you and your customers.

13. Term, suspension, and termination

These Terms apply for as long as you use the Service. We may suspend or terminate access for material breach of these Terms, non-payment, or use that creates risk or legal exposure for us or other customers — with notice where practicable. On termination, your right to use the Service ends; Sections 4 (data retention and deletion), 9, and 10 through 15 survive.

14. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision, and material changes will be communicated through the Service or by email. Continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles. The state and federal courts located in Georgia have exclusive jurisdiction over disputes arising out of these Terms or the Service, and each party consents to venue there.

16. Contact

Questions about these Terms can be sent to support@nytrojen.com.