Last Updated: September 29, 2026
These Terms also serve as the end user license agreement (EULA) for the Evergrn mobile application.
Last Updated: September 29, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT. BY REGISTERING OR USING THE PLATFORM IN ANY CAPACITY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AND JURY TRIAL WAIVER IN SECTION 9.
These Terms of Service ("Terms") are a legally binding agreement between you and Evergrn, LLC ("Evergrn," "we," "us") governing your use of the Evergrn platform, including our website, mobile application, and related services (collectively, the "Platform"). By registering as a Customer or using the Platform in any way, you confirm that you are at least 18 years of age, have the legal capacity to enter into this agreement, and agree to be bound by these Terms in their entirety.
Evergrn operates solely as an online marketplace and technology platform connecting homeowners and property managers ("Customers") with independent service providers ("Professionals") for lawn care, snow plowing, handyman, home cleaning, HVAC, plumbing, electrical, and other home services. EVERGRN IS A MARKETPLACE ONLY. Evergrn does not perform, supervise, direct, or control any services arranged through the Platform. All services are performed exclusively by independent Professionals.
Evergrn makes no representations or warranties regarding the quality, safety, legality, timeliness, or suitability of any services performed by Professionals. Evergrn does not screen, license, insure, or bond Professionals unless explicitly stated, and any such representations are solely those of the Professional. Customers engage Professionals entirely at their own risk.
[DRAFT — NOT YET IN FORCE. This section is a technical description of the Sprout feature prepared by Evergrn's engineering team for review by legal counsel. It has not been reviewed or approved by an attorney and no part of it is in effect. Where anything in this section conflicts with any other section of these Terms, the other section governs until this notice is removed.]
(a) What Sprout is. Sprout is an automated software feature of the Platform that helps a Customer describe a multi-trade home project and then helps the Customer and the Professionals working on it stay in step with one another. Sprout is software. It is not a person. It is not a licensed contractor, general contractor, architect, engineer, designer, surveyor, inspector, or code official. It is not a party to any agreement between a Customer and a Professional, and it holds no authority over either of them.
(b) What Sprout does. In technical terms, and without limitation:
(1) Scope of Work. From photographs and a written description the Customer supplies, Sprout produces a plain-language summary of the project and a separate written Scope of Work for each trade the project appears to need. Each Scope of Work lists discrete items of work, the assumptions Sprout made because it could not see or was not told something, and work a bidder might otherwise assume is included but is not. Each trade's Scope of Work is written to stand on its own; a Professional in one trade is shown only their own trade's scope. The Customer reviews every Scope of Work before any of it leaves the Platform, may remove any trade, and nothing is sent to any Professional until the Customer approves it.
(2) Measurements are relative, and a site visit is always required. Sprout does not measure anything and is not given measurements. Every dimension expressed in a Scope of Work is relative — proportional, counted, or compared against an object in the photograph — and derived from photographs alone. The Platform appends to every Scope of Work, for every trade, without exception and regardless of what Sprout wrote, a statement that all measurements in the scope are relative and derived from photographs, that final measurements are taken by hand at the first site visit, and that any change to price or scope arising from those measurements is agreed with the Customer before that trade proceeds. A Professional who bids does so on their own judgement and remains responsible for verifying conditions at the property.
(3) Sprout never states a price. Sprout does not price work, does not estimate, does not set or disclose a budget, and does not tell any Professional what to bid. This is enforced by the Platform and not merely instructed: figures are removed from Sprout's output before that output is stored, shown, or sent. Prices come from the Professionals' own bids and from nowhere else.
(4) Illustrations are not designs. Where Sprout produces a style illustration using a photograph of the Customer's property, the image is machine-generated and the words "ILLUSTRATION OF A STYLE - NOT A QUOTE OR A DESIGN" are printed into the image itself, together with a statement that it shows a look and not a plan and that what gets built will differ in detail. Nothing in such an image is measured, nothing in it is dimensioned, and nothing can be built from it. Illustrations are not sent to Professionals as part of any Scope of Work.
(5) Bids. Where a trade receives more than one bid, Sprout displays the bids side by side, in the order they arrived, and states that arrival order is the only thing the order means. Sprout does not rank, score, or recommend a bid, and will say so if asked to choose. When answering a Customer's questions about a set of bids, Sprout is not told the amounts, the Professionals' names, or their ratings. THE CUSTOMER ACCEPTS OR DECLINES EACH TRADE'S BID INDIVIDUALLY. Sprout cannot accept, decline, or negotiate a bid, and has no mechanism to do so.
(6) Carrying questions. During a project, Sprout may carry a Customer's question to a named Professional on that project and return that Professional's answer. The outbound message is composed by the Platform, states on its face that Sprout wrote it and on whose behalf, and quotes the Customer's own words — the Platform verifies that the quoted words were actually typed by that Customer and refuses to send a paraphrase. The Professional's reply is delivered to the Customer word for word, without summary, shortening, or interpretation. SPROUT MAY NOT AGREE, APPROVE, AUTHORISE, ACCEPT, INSTRUCT, OR COMMIT TO ANYTHING ON EITHER PARTY'S BEHALF, and the Platform refuses to send any message from Sprout that would do so. Sprout does not direct a Professional's work, does not schedule it, and does not carry prices, durations, budgets, another trade's words, or a Customer's private or household information to any Professional.
(7) Progress checks and payment draws. Where a Customer pays for a multi-trade project in progress draws rather than in a single payment, Sprout performs a first-pass check before a draw is released. It checks, in order: whether the items of the approved Scope of Work have been marked complete by the Professionals; whether every inspection those Professionals declared for that stage has been recorded as passed; whether the completion photographs supplied appear to match the Scope of Work at that stage; and finally whether the Customer, having been shown where each trade says it has got to, agrees that the work looks right. The question put to the Customer is about the state of the work and is never about money or payment. If all four checks pass, the milestone is recorded as certified and the corresponding draw becomes payable and is collected. ANYTHING THAT FAILS, AND ANYTHING SPROUT CANNOT DETERMINE — including an unreadable or insufficient photograph, a missing or unrecorded inspection, a project whose progress cannot be measured, a refusal by the underlying model, or an outage of the service — IS NOT RELEASED. It is placed in a queue for a person at Evergrn to decide. A decision by that person requires a written reason and is recorded permanently, together with the identity of the person who made it. A Customer who answers that the work does not look right sends the check to that same queue, and nothing is released while it is there.
(8) Stopping work for non-payment. If a payment that has become due on such a project cannot be collected, the Platform records the project as halted: no trade may begin work and no trade may advance to its next stage until the payment clears. Work already under way is brought to a safe stopping point rather than abandoned. This is a Platform and payment consequence; it is not a direction to any Professional about how to perform their work.
(9) Records. Every message in a Sprout conversation, every question Sprout carried to a Professional and every reply, every progress check with the photographs it examined and the Scope of Work it examined them against, the reason for every decision, and the identity of every person who made one, are recorded and retained by Evergrn.
(c) What Sprout does not do. Sprout does not perform any work. Sprout does not supervise, direct, or control the means, methods, sequence, techniques, tools, staffing, timing, or safety of any Professional's work; a Scope of Work states the result the Customer asked for, and how that result is achieved is the Professional's own judgement and responsibility. Sprout does not warrant any work, does not inspect work, does not determine compliance with any building code, and does not replace or satisfy any inspection, permit, licence, or approval required by any authority. A progress check by Sprout is not a determination that work is good, safe, complete, or code-compliant; it is only an assessment of whether the evidence supplied appears to match the Scope of Work. Sprout does not select, vet, endorse, or recommend any Professional. Sprout does not provide architectural, engineering, design, surveying, legal, or financial advice.
(d) SPROUT ABSOLVES NOBODY OF ANYTHING. Nothing in this section, and nothing Sprout does, transfers, reduces, shifts, assumes, or excuses any party's responsibility.
(1) Professionals remain fully responsible for their own work. Each Professional remains solely responsible for the work they perform, for their own licensure, permits, insurance, bonding, safety, workmanship, warranties, and compliance with all applicable law — exactly as provided elsewhere in these Terms. A Scope of Work produced by Sprout does not replace a Professional's own examination of the property or their own professional judgement, and a Professional who bids on, accepts, or performs work described in one does so on their own responsibility. That Evergrn's software wrote the document a Professional bid against does not make Evergrn responsible for that Professional's work.
(2) The Customer's rights against the Professional are unaffected. Nothing in this section waives, limits, releases, or reduces any right, remedy, claim, warranty, or statutory protection a Customer has against a Professional. A Customer's agreement is with the Professional who performs the work, and it remains so.
(3) Evergrn does not become the contractor. Sprout writing a Scope of Work, carrying a question, comparing bids, examining a photograph, or recording a milestone does not make Evergrn the contractor, the general contractor, the builder, the construction manager, the employer, the agent, or the joint employer of any Professional, does not make Evergrn a party to the agreement between a Customer and a Professional, and does not make Evergrn responsible for work performed. The marketplace, disclaimer, no-liability, independent-contractor, and limitation-of-liability provisions of these Terms continue to apply in full to everything described in this section.
(4) Nor does Evergrn's role move liability to the Customer. A Customer who uses Sprout, approves a Scope of Work, or confirms that work looks right does not thereby become responsible for a Professional's work, and does not assume any liability that would otherwise rest with the Professional or with Evergrn.
(e) Sprout is automated, and it can be wrong. Sprout's outputs are produced by automated systems, including large language models and machine vision, and are not reviewed by a person before a Customer sees them. THEY CAN BE WRONG. A Scope of Work can omit necessary work, include unnecessary work, misjudge a proportion, or misunderstand what a Customer meant. A progress check can misread a photograph. Sprout is built to say that it cannot tell rather than to guess, and to hand anything it cannot determine to a person at Evergrn, but that is a design intention and not a guarantee of accuracy. No Customer and no Professional should treat anything Sprout produces as a professional opinion, a design, a drawing, an estimate, a survey, a measurement, or a determination of code compliance.
(f) What to do when Sprout is wrong. A Customer who believes a Scope of Work is wrong or incomplete should not approve it, and should say so to Sprout or contact support@evergrn.co so that a person can look at it. A Customer who believes work has not reached the stage a progress check describes should answer that the work does not look right; the check is then decided by a person at Evergrn and nothing is released in the meantime. A Professional who believes a Scope of Work misdescribes the work, the conditions, or the measurements should say so in the message thread for that job before bidding or before proceeding, and should contact support@evergrn.co. Neither party should proceed on the basis of something Sprout said that they believe to be wrong.
(g) Naming. Sprout may be described within the Platform as a "project coordinator" or by a similar term. Any such description refers to a software feature and to the coordinating functions described in this section, and nothing more. It is not a claim that Evergrn or Sprout is a licensed general contractor, holds any construction licence or registration, carries any Professional's obligations, guarantees any Professional's performance, or assumes any responsibility for the work.
(a) Evergrn uses artificial intelligence. Parts of the Platform are built on artificial intelligence ("AI"), including large language models. The models Evergrn uses are supplied by Anthropic (the Claude family of models) and by Microsoft Azure, which also supplies the document-reading, image and content-safety services described below. This section is in force, and it applies to every automated feature of the Platform whether that feature is described elsewhere in these Terms as "automated", as a "model", or by a product name.
(b) Where AI is used. AI is used in at least the following places:
(1) Sprout. Sprout — the feature described in Section 2A — is AI. It uses a large language model, together with machine vision over the photographs supplied to it, to hold the conversation that describes a project, to write the Scope of Work for each trade, to produce style illustrations, to present bids and answer questions about them, to coordinate booking and scheduling, to carry a question to a Professional and return that Professional's answer, and to accompany a job through to completion. Everything Section 2A says about Sprout applies to it as an AI feature, and where that section and this one conflict, this one governs.
(2) The support assistant. The assistant that answers a support request made inside the Platform is AI, not a person. To answer, it is given the message, the earlier messages in the same conversation, and the name of the account it is speaking to, and it may look up that account's own jobs, quotes, payments, payouts and profile. It cannot see any other account.
(3) Scope of work for a single job. Where a Professional asks the Platform to produce a scope of work for a job they are quoting, that document is produced by AI from the job's description, its photographs and its message thread.
(4) Automatic moderation. Messages sent through the Platform, and photographs attached to them, are examined automatically before delivery. A message that appears to violate the Community Guidelines is blocked and is not delivered.
(5) Document reading. Where a Professional submits a government-issued identification document, an insurance certificate, or a licence, that document is read automatically to extract the fields printed on it. The reading is automatic; the decision to approve or reject the document is made by a person at Evergrn.
(c) AI output can be wrong, and it is not advice. AI output is generated rather than verified, is not reviewed by a person before you see it, and CAN BE WRONG — incorrect, incomplete, out of date, or confidently mistaken about something it was never told. NOTHING PRODUCED BY AI ON THE PLATFORM IS PROFESSIONAL, LEGAL, MEDICAL, FINANCIAL, TAX, INSURANCE, ARCHITECTURAL, ENGINEERING, SURVEYING, OR CODE-COMPLIANCE ADVICE, AND NONE OF IT IS A SUBSTITUTE FOR THE JUDGEMENT OF A LICENSED PERSON. No party should rely on anything an AI feature produces where being wrong would matter, and no party may treat AI output as a representation or warranty by Evergrn.
(d) AI does not decide about money. No AI feature of the Platform sets a price, states a price, produces or alters a quote, charges a payment method, issues a refund, or releases a payment to a Professional on its own. Prices come from a Professional's own bid and from nowhere else. Where money turns on an assessment AI cannot make — anything it cannot determine, a photograph it cannot read, a refusal, or an outage of the service — nothing is released: the matter is placed in a queue and decided by a person at Evergrn, who must give a written reason that is recorded permanently together with their identity. Section 2A(b)(7) describes that process for progress draws on a multi-trade project, and nothing in this section narrows it. The one exception runs only in your favour — an assistant may grant a complimentary subscription period at Evergrn's own expense, which costs the recipient nothing.
(e) A person can always be reached. You are never required to settle a matter with an AI feature. You may ask the support assistant to hand the matter to a person, which opens a support ticket a person answers; the assistant is required to hand over anything it cannot resolve, and does so automatically after three exchanges without resolution. You may write to support@evergrn.co at any time, which reaches a person. If you believe something an AI feature produced is wrong — a Scope of Work, an answer, a blocked message, or anything else — say so and ask for a person rather than proceeding on it.
(f) What is recorded, and who may read it. Conversations with Sprout and with the support assistant are recorded and retained by Evergrn, and may be read by Evergrn staff for quality review, tuning, safety, fraud prevention, and the resolution of disputes. What is sent to the providers named in paragraph (a), what is not sent to them, how long each kind of record is kept, and the remainder of Evergrn's handling of it are described in the Privacy Policy, incorporated into these Terms by reference under Section 13.
EVERGRN EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY AND ALL ISSUES ARISING FROM OR RELATED TO SERVICES PERFORMED BY PROFESSIONALS, INCLUDING BUT NOT LIMITED TO:
(a) Poor workmanship, incomplete work, or failure to perform;
(b) Property damage, personal injury, or death occurring during or after service;
(c) Theft, fraud, or misconduct by any Professional;
(d) Any acts or omissions of Professionals before, during, or after a job;
(e) Disputes between Customers and Professionals regarding pricing, scope, or results.
BY REGISTERING AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT EVERGRN IS SOLELY A MARKETPLACE INTERMEDIARY AND THAT EVERGRN BEARS NO RESPONSIBILITY, LEGAL OR OTHERWISE, FOR ANY WORK PERFORMED, DAMAGES SUFFERED, INJURIES SUSTAINED, OR LOSSES INCURRED IN CONNECTION WITH SERVICES ARRANGED THROUGH THE PLATFORM.
You must be at least 18 years of age to register as a Customer on the Platform. By creating an account, you represent and warrant that you are 18 years of age or older. Evergrn reserves the right to terminate any account upon discovery that the account holder does not meet this age requirement.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Evergrn reserves the right to suspend or terminate accounts where provided information is inaccurate, false, or incomplete.
Evergrn reserves the right, in its sole discretion, to cancel any service, suspend access to the Platform, or terminate any account at any time and for any reason, with or without cause and without prior notice or liability to you. You acknowledge that Evergrn is under no obligation to provide continued access to the Platform or to any services facilitated through it.
The Platform may not be used for any illegal or illicit purpose, political promotion or campaigning, distribution of illegal materials, or any activity prohibited by applicable local, state, or federal law. Any account found in violation of this policy is subject to immediate suspension and, upon review, permanent account deletion. Evergrn reserves the right to report such activity to appropriate law enforcement authorities.
To enable Professionals to accurately assess job scope and submit competitive bids, Customers are required to provide the following photographs with each service request:
(a) Street View Photo. A clear photograph of the home or property taken from the street, showing the front facade and accessible areas. This photo must be current and accurately represent the present condition of the property.
(b) Service Area Photos. Clear photographs of each area of the yard, lawn, driveway, or other outdoor space to be serviced. Multiple photos may be required to fully capture the scope of work (e.g., front yard, back yard, side yards, or specific areas requiring attention).
(c) Accuracy Requirement. All submitted photos must be current, accurate, and representative of the property's actual condition at the time of the service request. Submitting outdated, misleading, or inaccurate photos that misrepresent the scope of work may result in revised pricing after Professional assessment, cancellation of the job, or account suspension.
By submitting photos through the Platform, you grant Evergrn a limited, non-exclusive license to display those photos to Professionals for the purpose of facilitating service requests. Photos will not be used for any other purpose without your consent.
Where a job involves work inside the home, a person aged 18 or over must be present at the property for the duration of that work. Where a job involves work that requires the Customer's direct oversight at the time the work is completed, a person aged 18 or over must be present when the work is completed. Where no such person is present, the Professional may decline to begin, to continue, or to complete the work, and may withdraw from the job.
Customers authorize Evergrn to authorize and charge their saved payment method for services booked through the Platform. Evergrn may place a hold on that payment method in advance of a scheduled service, and may replace that hold with a new one on the same saved payment method, without contacting the Customer, before it lapses or if it lapses before the service takes place, so that a booking remains funded until the work is done. A replacement hold is never for more than the price agreed for the job, including any revision the Customer has accepted, less any account credit applied. When a hold is replaced, the earlier hold is cancelled as soon as the new one is in place. A hold is not a charge. Where a hold lapses or is replaced, any amount shown as pending on the Customer's account is released by their bank. Evergrn collects a platform service fee of 18% incorporated into the price shown at booking. Amounts payable to a Professional are released only after the 72-hour dispute window following job completion has closed and after the Customer's payment for that job has settled and cleared with our payment processor. Where a Customer's payment is refunded, reversed, charged back, or disputed, Evergrn may withhold or reverse the corresponding payout to the Professional. Professionals enrolled in the Preferred Pro program authorize Evergrn to deduct a $39 monthly membership fee from their first job payout each calendar month. All payments are processed through secure third-party payment processors.
Customers may cancel a job at no charge prior to a Professional accepting it. Once accepted, cancellations made more than 48 hours before the scheduled service time incur no fee. Cancellations within 48 hours of the scheduled time may result in a cancellation fee. Evergrn reserves the right to modify this policy at any time.
Where a cancellation fee is payable under this policy, Evergrn may pay all or part of that fee to the Professional whose booking was cancelled, as compensation in respect of the cancelled booking.
For jobs paid via third-party financing (including Klarna and Affirm), a processing fee of up to 4% of the total job amount is non-refundable in the event of cancellation. This fee is charged to Evergrn by the financing provider at the time of payment and cannot be recovered upon refund.
Where a Professional attends the property and then withdraws from the job for a reason that Evergrn accepts, Evergrn may charge the Customer a trip fee in the amount published by Evergrn for that purpose, and pays that amount to the Professional who attended. A trip fee is not payment for work performed. Where the job is cancelled in these circumstances, any remaining amount held on the Customer's payment method for that job is released. For jobs paid via third-party financing, the trip fee is withheld from the refund rather than charged separately.
Where a Professional begins work on a job and then withdraws without a reason that Evergrn accepts, the Customer is not charged for that job, and any amount held on the Customer's payment method for it is released.
Where a reschedule is proposed for a job paid by card and the parties do not agree a new time, the job ends and the Customer is not charged for it. Any amount held on the Customer's payment method for that job is released. For jobs paid via third-party financing, a reschedule that is not agreed does not end the job, and where the Customer subsequently cancels, the financing fee is not refunded as provided above.
Where Evergrn is unable to secure or collect payment for a booked job — because the payment method on file is declined, expired, or removed, or because a hold placed for the job cannot be completed — Evergrn will notify the Customer and give them an opportunity to provide a working payment method. If payment still cannot be secured, Evergrn may cancel the job. Evergrn will tell the Customer that the job has been cancelled and the reason for it. A job cancelled under this paragraph incurs no cancellation fee, and any hold placed on the Customer's payment method for that job is released.
Professionals are independent contractors — not employees, partners, representatives, or agents of Evergrn. Evergrn does not control the manner, method, tools, or timing by which Professionals perform services. No employment or joint venture relationship is created by these Terms or the use of the Platform.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to Arbitrate. ALL PARTIES — CUSTOMERS AND PROFESSIONALS ALIKE — EXPRESSLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY OR TRIAL IN A COURT OF GENERAL JURISDICTION. Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any services arranged through the Platform, or the relationship between any Customer, Professional, and/or Evergrn — including disputes regarding work quality, property damage, personal injury, payments, or any other matter — SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING PRIVATE ARBITRATION.
(b) Arbitration Rules. Arbitration shall be conducted by a mutually agreed-upon private arbitrator or arbitration service under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, or such other rules as the parties agree in writing. If the parties cannot agree on an arbitrator within 30 days of a demand for arbitration, either party may petition a court of competent jurisdiction solely for the purpose of appointing an arbitrator.
(c) Scope. This arbitration agreement applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, and whether the claims arise prior to, during, or after termination of these Terms.
(d) No Class Actions. All arbitration shall proceed on an individual basis. You waive any right to bring or participate in any class action, collective action, or representative proceeding of any kind.
(e) Costs. Each party shall bear its own costs and attorneys' fees in any arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable costs to the prevailing party.
(f) Governing Law for Arbitration. The arbitration shall be governed by the Federal Arbitration Act (FAA) to the fullest extent permitted by law.
(g) Exceptions. Nothing in this section prevents either party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERGRN'S TOTAL LIABILITY TO ANY PARTY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY SUCH PARTY TO EVERGRN IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). EVERGRN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EVERGRN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. EVERGRN MAKES NO WARRANTY REGARDING ANY PROFESSIONAL'S QUALIFICATIONS, LICENSING, INSURANCE STATUS, OR WORKMANSHIP.
You agree to defend, indemnify, and hold harmless Evergrn and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) services you received through the Platform; (d) any property damage, personal injury, or other harm caused by or to you in connection with such services; or (e) your violation of any applicable law or the rights of any third party.
Your use of the Platform is subject to our Privacy Policy, incorporated into these Terms by reference. By using the Platform, you consent to the collection and use of your information as described therein. Photos submitted through the Platform are stored securely and used only as described in Section 5.
Evergrn reserves the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date. Continued use of the Platform following any modification constitutes your acceptance of the updated Terms.
To the extent any matter falls outside the scope of arbitration under Section 9, these Terms shall be governed by the laws of the State of Maine, without regard to conflict of law provisions. Any such proceeding shall be brought exclusively in the state or federal courts located in Penobscot County, Maine, and all parties hereby consent to personal jurisdiction therein.
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Evergrn with respect to the Platform and supersede all prior agreements, understandings, or representations.
For questions about these Terms, contact us at support@evergrn.co.
BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE BINDING ARBITRATION PROVISION AND JURY TRIAL WAIVER IN SECTION 9, AND AGREE TO BE LEGALLY BOUND BY THEM.
Last Updated: September 29, 2026
PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING AN ACCOUNT. BY REGISTERING OR USING THE PLATFORM IN ANY CAPACITY, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION AND JURY TRIAL WAIVER IN SECTION 9.
These Terms of Service ("Terms") are a legally binding agreement between you and Evergrn, LLC ("Evergrn," "we," "us") governing your use of the Evergrn platform, including our website, mobile application, and related services (collectively, the "Platform"). By registering as a Professional or using the Platform in any way, you confirm that you are at least 18 years of age, have the legal capacity to enter into this agreement, and agree to be bound by these Terms in their entirety.
Evergrn operates solely as an online marketplace and technology platform connecting homeowners and property managers ("Customers") with independent service providers ("Professionals") for lawn care, snow plowing, handyman, home cleaning, HVAC, plumbing, electrical, and other home services. EVERGRN IS A MARKETPLACE ONLY. Evergrn does not employ, supervise, direct, or control Professionals or the services they perform. All services are performed exclusively by independent Professionals.
Evergrn makes no representations or warranties regarding the quality, safety, legality, timeliness, or suitability of any services performed by Professionals. Professionals are solely responsible for their own work, conduct, and compliance with applicable laws and regulations.
[DRAFT — NOT YET IN FORCE. This section is a technical description of the Sprout feature prepared by Evergrn's engineering team for review by legal counsel. It has not been reviewed or approved by an attorney and no part of it is in effect. Where anything in this section conflicts with any other section of these Terms, the other section governs until this notice is removed.]
(a) What Sprout is. Sprout is an automated software feature of the Platform that helps a Customer describe a multi-trade home project and then helps the Customer and the Professionals working on it stay in step with one another. Sprout is software. It is not a person. It is not a licensed contractor, general contractor, architect, engineer, designer, surveyor, inspector, or code official. It is not a party to any agreement between a Customer and a Professional, and it holds no authority over either of them.
(b) What Sprout does. In technical terms, and without limitation:
(1) Scope of Work. From photographs and a written description the Customer supplies, Sprout produces a plain-language summary of the project and a separate written Scope of Work for each trade the project appears to need. Each Scope of Work lists discrete items of work, the assumptions Sprout made because it could not see or was not told something, and work a bidder might otherwise assume is included but is not. Each trade's Scope of Work is written to stand on its own; a Professional in one trade is shown only their own trade's scope. The Customer reviews every Scope of Work before any of it leaves the Platform, may remove any trade, and nothing is sent to any Professional until the Customer approves it.
(2) Measurements are relative, and a site visit is always required. Sprout does not measure anything and is not given measurements. Every dimension expressed in a Scope of Work is relative — proportional, counted, or compared against an object in the photograph — and derived from photographs alone. The Platform appends to every Scope of Work, for every trade, without exception and regardless of what Sprout wrote, a statement that all measurements in the scope are relative and derived from photographs, that final measurements are taken by hand at the first site visit, and that any change to price or scope arising from those measurements is agreed with the Customer before that trade proceeds. A Professional who bids does so on their own judgement and remains responsible for verifying conditions at the property.
(3) Sprout never states a price. Sprout does not price work, does not estimate, does not set or disclose a budget, and does not tell any Professional what to bid. This is enforced by the Platform and not merely instructed: figures are removed from Sprout's output before that output is stored, shown, or sent. Prices come from the Professionals' own bids and from nowhere else.
(4) Illustrations are not designs. Where Sprout produces a style illustration using a photograph of the Customer's property, the image is machine-generated and the words "ILLUSTRATION OF A STYLE - NOT A QUOTE OR A DESIGN" are printed into the image itself, together with a statement that it shows a look and not a plan and that what gets built will differ in detail. Nothing in such an image is measured, nothing in it is dimensioned, and nothing can be built from it. Illustrations are not sent to Professionals as part of any Scope of Work.
(5) Bids. Where a trade receives more than one bid, Sprout displays the bids side by side, in the order they arrived, and states that arrival order is the only thing the order means. Sprout does not rank, score, or recommend a bid, and will say so if asked to choose. When answering a Customer's questions about a set of bids, Sprout is not told the amounts, the Professionals' names, or their ratings. THE CUSTOMER ACCEPTS OR DECLINES EACH TRADE'S BID INDIVIDUALLY. Sprout cannot accept, decline, or negotiate a bid, and has no mechanism to do so.
(6) Carrying questions. During a project, Sprout may carry a Customer's question to a named Professional on that project and return that Professional's answer. The outbound message is composed by the Platform, states on its face that Sprout wrote it and on whose behalf, and quotes the Customer's own words — the Platform verifies that the quoted words were actually typed by that Customer and refuses to send a paraphrase. The Professional's reply is delivered to the Customer word for word, without summary, shortening, or interpretation. SPROUT MAY NOT AGREE, APPROVE, AUTHORISE, ACCEPT, INSTRUCT, OR COMMIT TO ANYTHING ON EITHER PARTY'S BEHALF, and the Platform refuses to send any message from Sprout that would do so. Sprout does not direct a Professional's work, does not schedule it, and does not carry prices, durations, budgets, another trade's words, or a Customer's private or household information to any Professional.
(7) Progress checks and payment draws. Where a Customer pays for a multi-trade project in progress draws rather than in a single payment, Sprout performs a first-pass check before a draw is released. It checks, in order: whether the items of the approved Scope of Work have been marked complete by the Professionals; whether every inspection those Professionals declared for that stage has been recorded as passed; whether the completion photographs supplied appear to match the Scope of Work at that stage; and finally whether the Customer, having been shown where each trade says it has got to, agrees that the work looks right. The question put to the Customer is about the state of the work and is never about money or payment. If all four checks pass, the milestone is recorded as certified and the corresponding draw becomes payable and is collected. ANYTHING THAT FAILS, AND ANYTHING SPROUT CANNOT DETERMINE — including an unreadable or insufficient photograph, a missing or unrecorded inspection, a project whose progress cannot be measured, a refusal by the underlying model, or an outage of the service — IS NOT RELEASED. It is placed in a queue for a person at Evergrn to decide. A decision by that person requires a written reason and is recorded permanently, together with the identity of the person who made it. A Customer who answers that the work does not look right sends the check to that same queue, and nothing is released while it is there.
(8) Stopping work for non-payment. If a payment that has become due on such a project cannot be collected, the Platform records the project as halted: no trade may begin work and no trade may advance to its next stage until the payment clears. Work already under way is brought to a safe stopping point rather than abandoned. This is a Platform and payment consequence; it is not a direction to any Professional about how to perform their work.
(9) Records. Every message in a Sprout conversation, every question Sprout carried to a Professional and every reply, every progress check with the photographs it examined and the Scope of Work it examined them against, the reason for every decision, and the identity of every person who made one, are recorded and retained by Evergrn.
(c) What Sprout does not do. Sprout does not perform any work. Sprout does not supervise, direct, or control the means, methods, sequence, techniques, tools, staffing, timing, or safety of any Professional's work; a Scope of Work states the result the Customer asked for, and how that result is achieved is the Professional's own judgement and responsibility. Sprout does not warrant any work, does not inspect work, does not determine compliance with any building code, and does not replace or satisfy any inspection, permit, licence, or approval required by any authority. A progress check by Sprout is not a determination that work is good, safe, complete, or code-compliant; it is only an assessment of whether the evidence supplied appears to match the Scope of Work. Sprout does not select, vet, endorse, or recommend any Professional. Sprout does not provide architectural, engineering, design, surveying, legal, or financial advice.
(d) SPROUT ABSOLVES NOBODY OF ANYTHING. Nothing in this section, and nothing Sprout does, transfers, reduces, shifts, assumes, or excuses any party's responsibility.
(1) Professionals remain fully responsible for their own work. Each Professional remains solely responsible for the work they perform, for their own licensure, permits, insurance, bonding, safety, workmanship, warranties, and compliance with all applicable law — exactly as provided elsewhere in these Terms. A Scope of Work produced by Sprout does not replace a Professional's own examination of the property or their own professional judgement, and a Professional who bids on, accepts, or performs work described in one does so on their own responsibility. That Evergrn's software wrote the document a Professional bid against does not make Evergrn responsible for that Professional's work.
(2) The Customer's rights against the Professional are unaffected. Nothing in this section waives, limits, releases, or reduces any right, remedy, claim, warranty, or statutory protection a Customer has against a Professional. A Customer's agreement is with the Professional who performs the work, and it remains so.
(3) Evergrn does not become the contractor. Sprout writing a Scope of Work, carrying a question, comparing bids, examining a photograph, or recording a milestone does not make Evergrn the contractor, the general contractor, the builder, the construction manager, the employer, the agent, or the joint employer of any Professional, does not make Evergrn a party to the agreement between a Customer and a Professional, and does not make Evergrn responsible for work performed. The marketplace, disclaimer, no-liability, independent-contractor, and limitation-of-liability provisions of these Terms continue to apply in full to everything described in this section.
(4) Nor does Evergrn's role move liability to the Customer. A Customer who uses Sprout, approves a Scope of Work, or confirms that work looks right does not thereby become responsible for a Professional's work, and does not assume any liability that would otherwise rest with the Professional or with Evergrn.
(e) Sprout is automated, and it can be wrong. Sprout's outputs are produced by automated systems, including large language models and machine vision, and are not reviewed by a person before a Customer sees them. THEY CAN BE WRONG. A Scope of Work can omit necessary work, include unnecessary work, misjudge a proportion, or misunderstand what a Customer meant. A progress check can misread a photograph. Sprout is built to say that it cannot tell rather than to guess, and to hand anything it cannot determine to a person at Evergrn, but that is a design intention and not a guarantee of accuracy. No Customer and no Professional should treat anything Sprout produces as a professional opinion, a design, a drawing, an estimate, a survey, a measurement, or a determination of code compliance.
(f) What to do when Sprout is wrong. A Customer who believes a Scope of Work is wrong or incomplete should not approve it, and should say so to Sprout or contact support@evergrn.co so that a person can look at it. A Customer who believes work has not reached the stage a progress check describes should answer that the work does not look right; the check is then decided by a person at Evergrn and nothing is released in the meantime. A Professional who believes a Scope of Work misdescribes the work, the conditions, or the measurements should say so in the message thread for that job before bidding or before proceeding, and should contact support@evergrn.co. Neither party should proceed on the basis of something Sprout said that they believe to be wrong.
(g) Naming. Sprout may be described within the Platform as a "project coordinator" or by a similar term. Any such description refers to a software feature and to the coordinating functions described in this section, and nothing more. It is not a claim that Evergrn or Sprout is a licensed general contractor, holds any construction licence or registration, carries any Professional's obligations, guarantees any Professional's performance, or assumes any responsibility for the work.
(a) Evergrn uses artificial intelligence. Parts of the Platform are built on artificial intelligence ("AI"), including large language models. The models Evergrn uses are supplied by Anthropic (the Claude family of models) and by Microsoft Azure, which also supplies the document-reading, image and content-safety services described below. This section is in force, and it applies to every automated feature of the Platform whether that feature is described elsewhere in these Terms as "automated", as a "model", or by a product name.
(b) Where AI is used. AI is used in at least the following places:
(1) Sprout. Sprout — the feature described in Section 2A — is AI. It uses a large language model, together with machine vision over the photographs supplied to it, to hold the conversation that describes a project, to write the Scope of Work for each trade, to produce style illustrations, to present bids and answer questions about them, to coordinate booking and scheduling, to carry a question to a Professional and return that Professional's answer, and to accompany a job through to completion. Everything Section 2A says about Sprout applies to it as an AI feature, and where that section and this one conflict, this one governs.
(2) The support assistant. The assistant that answers a support request made inside the Platform is AI, not a person. To answer, it is given the message, the earlier messages in the same conversation, and the name of the account it is speaking to, and it may look up that account's own jobs, quotes, payments, payouts and profile. It cannot see any other account.
(3) Scope of work for a single job. Where a Professional asks the Platform to produce a scope of work for a job they are quoting, that document is produced by AI from the job's description, its photographs and its message thread.
(4) Automatic moderation. Messages sent through the Platform, and photographs attached to them, are examined automatically before delivery. A message that appears to violate the Community Guidelines is blocked and is not delivered.
(5) Document reading. Where a Professional submits a government-issued identification document, an insurance certificate, or a licence, that document is read automatically to extract the fields printed on it. The reading is automatic; the decision to approve or reject the document is made by a person at Evergrn.
(c) AI output can be wrong, and it is not advice. AI output is generated rather than verified, is not reviewed by a person before you see it, and CAN BE WRONG — incorrect, incomplete, out of date, or confidently mistaken about something it was never told. NOTHING PRODUCED BY AI ON THE PLATFORM IS PROFESSIONAL, LEGAL, MEDICAL, FINANCIAL, TAX, INSURANCE, ARCHITECTURAL, ENGINEERING, SURVEYING, OR CODE-COMPLIANCE ADVICE, AND NONE OF IT IS A SUBSTITUTE FOR THE JUDGEMENT OF A LICENSED PERSON. No party should rely on anything an AI feature produces where being wrong would matter, and no party may treat AI output as a representation or warranty by Evergrn.
(d) AI does not decide about money. No AI feature of the Platform sets a price, states a price, produces or alters a quote, charges a payment method, issues a refund, or releases a payment to a Professional on its own. Prices come from a Professional's own bid and from nowhere else. Where money turns on an assessment AI cannot make — anything it cannot determine, a photograph it cannot read, a refusal, or an outage of the service — nothing is released: the matter is placed in a queue and decided by a person at Evergrn, who must give a written reason that is recorded permanently together with their identity. Section 2A(b)(7) describes that process for progress draws on a multi-trade project, and nothing in this section narrows it. The one exception runs only in your favour — an assistant may grant a complimentary subscription period at Evergrn's own expense, which costs the recipient nothing.
(e) A person can always be reached. You are never required to settle a matter with an AI feature. You may ask the support assistant to hand the matter to a person, which opens a support ticket a person answers; the assistant is required to hand over anything it cannot resolve, and does so automatically after three exchanges without resolution. You may write to support@evergrn.co at any time, which reaches a person. If you believe something an AI feature produced is wrong — a Scope of Work, an answer, a blocked message, or anything else — say so and ask for a person rather than proceeding on it.
(f) What is recorded, and who may read it. Conversations with Sprout and with the support assistant are recorded and retained by Evergrn, and may be read by Evergrn staff for quality review, tuning, safety, fraud prevention, and the resolution of disputes. What is sent to the providers named in paragraph (a), what is not sent to them, how long each kind of record is kept, and the remainder of Evergrn's handling of it are described in the Privacy Policy, incorporated into these Terms by reference under Section 13.
EVERGRN EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY AND ALL ISSUES ARISING FROM OR RELATED TO SERVICES PERFORMED BY PROFESSIONALS, INCLUDING BUT NOT LIMITED TO:
(a) Poor workmanship, incomplete work, or failure to perform;
(b) Property damage, personal injury, or death occurring during or after service;
(c) Theft, fraud, or misconduct by any Professional;
(d) Any acts or omissions of Professionals before, during, or after a job;
(e) Disputes between Customers and Professionals regarding pricing, scope, or results.
BY REGISTERING AND USING THE PLATFORM, YOU ACKNOWLEDGE THAT EVERGRN IS SOLELY A MARKETPLACE INTERMEDIARY AND THAT EVERGRN BEARS NO RESPONSIBILITY, LEGAL OR OTHERWISE, FOR ANY WORK PERFORMED, DAMAGES SUFFERED, INJURIES SUSTAINED, OR LOSSES INCURRED IN CONNECTION WITH SERVICES ARRANGED THROUGH THE PLATFORM.
You must be at least 18 years of age to register as a Professional on the Platform. By creating an account, you represent and warrant that you are 18 years of age or older. Evergrn reserves the right to immediately terminate any account upon discovery that the account holder does not meet this age requirement.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and at all times while your account remains active. Evergrn reserves the right to suspend or terminate accounts where provided information is inaccurate, false, or incomplete.
Evergrn reserves the right, in its sole discretion, to cancel any service, suspend access to the Platform, or terminate any account at any time and for any reason, with or without cause and without prior notice or liability to you. You acknowledge that Evergrn is under no obligation to provide continued access to the Platform or to any services facilitated through it.
The Platform may not be used for any illegal or illicit purpose, political promotion or campaigning, distribution of illegal materials, or any activity prohibited by applicable local, state, or federal law. Any account found in violation of this policy is subject to immediate suspension and, upon review, permanent account deletion. Evergrn reserves the right to report such activity to appropriate law enforcement authorities.
To maintain trust and safety on the Platform and to comply with our identity verification obligations, all Professionals are required to submit the following at the time of registration:
(a) Profile Photograph. A clear, current photograph of yourself (headshot) that accurately represents your appearance. This photo will be displayed to Customers for the purpose of identification — Customers will see your photo before and during service visits. The photo must be of you personally, must show your face clearly, and may not be a logo, cartoon, or image of another person. Profile photos are subject to review and approval by Evergrn and may be rejected if they do not meet these requirements.
(b) Government-Issued Photo Identification. A clear photograph of a valid, government-issued driver's license or state identification card. Both sides of the document must be submitted. This information is collected solely for the purpose of identity verification, fraud prevention, and platform safety. Your ID will be stored securely using industry-standard encryption and will not be shared with Customers, third parties, or any other entity except as required by law or court order. Submission of a false, expired, altered, or fraudulent identification document is grounds for immediate and permanent account termination and may be reported to law enforcement.
(c) Ongoing Compliance. You agree to update your profile photograph and re-submit identification upon Evergrn's request if your appearance changes materially or if your identification document expires. Failure to comply within 14 days of such a request may result in account suspension.
By submitting these materials, you grant Evergrn a limited license to store, display (profile photo only), and use your identification document for verification purposes as described herein.
As a Professional on the Platform, you agree to:
(a) Provide services in a professional, safe, and workmanlike manner;
(b) Comply with all applicable federal, state, and local laws, including licensing and insurance requirements applicable to the services you offer;
(c) Carry adequate liability insurance for the services you perform;
(d) Treat Customers and their property with respect;
(e) Not solicit Customers for work outside the Platform during or after a job facilitated through Evergrn.
Customers authorize Evergrn to authorize and charge their saved payment method for services booked through the Platform. Evergrn may place a hold on that payment method in advance of a scheduled service, and may replace that hold with a new one on the same saved payment method, without contacting the Customer, before it lapses or if it lapses before the service takes place, so that a booking remains funded until the work is done. A replacement hold is never for more than the price agreed for the job, including any revision the Customer has accepted, less any account credit applied. When a hold is replaced, the earlier hold is cancelled as soon as the new one is in place. A hold is not a charge. Where a hold lapses or is replaced, any amount shown as pending on the Customer's account is released by their bank. Evergrn collects a platform service fee of 18% incorporated into the price shown at booking. Professionals receive 82% of the total job amount, subject to the 72-hour dispute window following job completion.
A payout is released after that dispute window has closed and after the Customer's payment for the job has settled and cleared with our payment processor. Where settlement is delayed, the payout is released in the next scheduled payout run following clearing. Any release date displayed in the application is the earliest date on which a payout may be released and is not a guarantee of the date on which funds will be available in a Professional's bank account. Following release, funds are transferred by ACH and typically arrive within one to two business days; arrival times are determined by the receiving financial institution and are outside Evergrn's control.
Where a Customer's payment is refunded, reversed, charged back, or disputed, or where a payout has been issued in error or in an incorrect amount, Evergrn may withhold the corresponding payout, reverse a payout already made, or offset the amount against the Professional's future earnings on the Platform. The Professional remains liable for any resulting negative balance.
Professionals enrolled in the Preferred Pro program authorize Evergrn to deduct a $39 monthly membership fee from their first job payout each calendar month. Instant payout, where offered as a Preferred Pro benefit, applies only to funds that have cleared and are past the dispute window, and is subject to a fee charged by the payment processor. All payments are processed through secure third-party payment processors.
A Professional may withdraw from a job at no charge more than 48 hours before the scheduled service time. A record of the jobs a Professional has completed and withdrawn from forms part of that Professional's track record on the Platform. Evergrn reserves the right to modify this policy at any time.
Where a booked job is cancelled through no fault of the Professional, either by Evergrn or by the Customer within the period in which a cancellation fee may be payable under the Customer's terms, Evergrn may pay that Professional compensation in respect of the cancelled booking, in the amount published by Evergrn for that purpose. Where the cancellation was the Customer's, that compensation is funded from the cancellation fee payable by that Customer. Such compensation is not payment for work performed and does not form part of any amount payable for services rendered.
Evergrn does not charge a Professional a fee for cancelling a booking. Where a Professional does not attend a booked job, or cancels or withdraws from a booked job for a reason that is not accepted, Evergrn may record that and reflect it in reliability information published about that Professional on the Platform. Reliability information is a factual record of bookings completed, bookings cancelled or withdrawn from, and bookings not attended. It is not an assessment of the Professional or of the quality of their work.
The following reasons will be accepted:
(a) no person aged 18 or over was present at the property, where the Customer's Terms require one to be; and
(b) the Professional submitted a revised quote reflecting work that differed materially from the job as described, and the Customer declined that quote or did not respond to it.
A Professional's own assessment that a job was misdescribed is not by itself one of these reasons. A revised quote must have been submitted through the Platform and then declined or left unanswered.
Where a Professional cancels for any other reason, the Professional may give that reason to Evergrn. Evergrn will consider it, decide whether to accept it, and tell the Professional the outcome. A cancellation is not recorded as unaccepted while a reason given for it is still being considered.
Where a Professional attends a property and then withdraws from the job for a reason that Evergrn accepts, Evergrn will pay that Professional a trip fee in the amount published by Evergrn for that purpose. A trip fee is not payment for work performed and does not form part of any amount payable for services rendered.
Where a Professional begins work on a job and then withdraws without a reason that Evergrn accepts, no trip fee is payable, the Professional is not paid for that job, and the Customer is not charged for it.
Whether a reason is accepted determines how a withdrawal is recorded. It does not by itself determine what, if anything, is payable.
Where a reschedule is proposed for a job paid by card and the parties do not agree a new time, the job ends without payment by either party, and without any record of cancellation or withdrawal against the Professional. For jobs paid via third-party financing, a reschedule that is not agreed does not end the job, and the Professional remains booked for the original appointment unless the job is cancelled under the Customer's cancellation policy.
Professionals are independent contractors — not employees, partners, representatives, or agents of Evergrn. Evergrn does not control the manner, method, tools, or timing by which Professionals perform services. No employment, joint venture, or partnership relationship is created by these Terms or the use of the Platform. Professionals are solely responsible for all taxes, withholding, insurance, and other obligations arising from their status as independent contractors.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Agreement to Arbitrate. ALL PARTIES — CUSTOMERS AND PROFESSIONALS ALIKE — EXPRESSLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY OR TRIAL IN A COURT OF GENERAL JURISDICTION. Any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any services arranged through the Platform, or the relationship between any Customer, Professional, and/or Evergrn — including disputes regarding work quality, property damage, personal injury, payments, or any other matter — SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING PRIVATE ARBITRATION.
(b) Arbitration Rules. Arbitration shall be conducted by a mutually agreed-upon private arbitrator or arbitration service under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules, or such other rules as the parties agree in writing. If the parties cannot agree on an arbitrator within 30 days of a demand for arbitration, either party may petition a court of competent jurisdiction solely for the purpose of appointing an arbitrator.
(c) Scope. This arbitration agreement applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory, and whether the claims arise prior to, during, or after termination of these Terms.
(d) No Class Actions. All arbitration shall proceed on an individual basis. You waive any right to bring or participate in any class action, collective action, or representative proceeding of any kind.
(e) Costs. Each party shall bear its own costs and attorneys' fees in any arbitration, unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may award reasonable costs to the prevailing party.
(f) Governing Law for Arbitration. The arbitration shall be governed by the Federal Arbitration Act (FAA) to the fullest extent permitted by law.
(g) Exceptions. Nothing in this section prevents either party from seeking emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERGRN'S TOTAL LIABILITY TO ANY PARTY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY SUCH PARTY TO EVERGRN IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). EVERGRN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EVERGRN DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
You agree to defend, indemnify, and hold harmless Evergrn and its officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) services you performed through the Platform; (d) any property damage, personal injury, or other harm caused by or to you in connection with such services; (e) your violation of any applicable law; or (f) any claim by a Customer or third party arising from your services.
Your use of the Platform is subject to our Privacy Policy, incorporated into these Terms by reference. Identification documents submitted pursuant to Section 5 are stored securely and used only for verification purposes as described herein.
Evergrn reserves the right to modify these Terms at any time. Material changes will be communicated by updating the "Last Updated" date. Continued use of the Platform following any modification constitutes your acceptance of the updated Terms.
To the extent any matter falls outside the scope of arbitration under Section 9, these Terms shall be governed by the laws of the State of Maine, without regard to conflict of law provisions. Any such proceeding shall be brought exclusively in the state or federal courts located in Penobscot County, Maine, and all parties hereby consent to personal jurisdiction therein.
If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Evergrn with respect to the Platform and supersede all prior agreements, understandings, or representations.
For questions about these Terms, contact us at support@evergrn.co.
BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, INCLUDING THE BINDING ARBITRATION PROVISION AND JURY TRIAL WAIVER IN SECTION 9, AND AGREE TO BE LEGALLY BOUND BY THEM.
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