This Homeowner Agreement ("Agreement") is entered into between Kallova LLC, a Massachusetts limited liability company ("Kallova," "we," "our," or "us") and the individual or entity using the Kallova Platform ("Homeowner," "you," or "your").
By creating an account, requesting services, or using the Kallova Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1. Purpose of the Platform
Kallova operates solely as an online technology platform that connects homeowners with independent landscaping professionals. Kallova does not perform landscaping services and is not a landscaping contractor.
Kallova's role is limited to facilitating communication, scheduling, and payment processing between homeowners and independent contractors.
2. Independent Contractors
You acknowledge and agree that every landscaper available through Kallova is an independently owned and operated business.
Contractors are not employees, agents, partners, representatives, or joint venturers of Kallova.
Kallova does not supervise, direct, or control the methods, techniques, personnel, equipment, work schedule, or professional judgment used by Contractors when performing services.
The agreement for landscaping services exists solely between you and the Contractor you select.
3. Contractor Screening
Kallova is committed to fostering a safe, trustworthy community of Contractors, and conducts background screening (which can include criminal history and other public record checks) on Contractors as part of onboarding, consistent with applicable law. We continue to develop and refine our screening practices over time.
As with any screening process, no check can predict future conduct with certainty, and screening practices may not apply uniformly to every Contractor at every point in time. Homeowners are encouraged to use their own judgment as well, including reviewing Contractor ratings and reviews, before authorizing access to their property.
4. Contractor Responsibility
Each Contractor is solely responsible for:
- Performing services safely and professionally;
- Providing all labor, equipment, and materials unless otherwise agreed;
- Obtaining all required licenses, permits, and registrations;
- Maintaining any insurance required by law;
- Paying all taxes, wages, and business expenses;
- Complying with all applicable federal, Massachusetts, and local laws.
Each Contractor is directly and solely liable for any damage caused to the Homeowner's property arising from the Contractor's acts, omissions, or negligence while performing services, subject to the Homeowner's own responsibilities described in Article 5 (for example, failing to disclose a known hazard). This liability runs directly between the Homeowner and the Contractor and exists independently of Kallova's role as a technology platform.
5. Homeowner Responsibilities
The Homeowner agrees to:
- Provide accurate information regarding the requested services.
- Ensure lawful access to the property.
- Identify underground utilities, irrigation systems, septic systems, invisible fencing, or any hidden hazards known to the Homeowner.
- Secure pets before work begins.
- Maintain a reasonably safe work environment.
- Obtain any homeowner association or municipal approvals required before work begins.
- Promptly inspect completed work and notify the Contractor of any concerns.
Failure to disclose known hazards may result in the Homeowner assuming responsibility for resulting damages.
6. Payments
Payments shall be made through the Kallova Platform unless otherwise authorized.
Kallova may collect payment on behalf of Contractors but is not responsible for pricing disputes or additional work approved directly between the Homeowner and Contractor.
7. Cancellations
Homeowners may cancel services in accordance with Kallova's Cancellation Policy, which is incorporated into this Agreement by reference and made available on the Platform.
Late cancellations or failure to provide property access may result in cancellation fees.
8. Insurance
Contractors are required to carry insurance appropriate to their business, including any coverage required by applicable law, and are solely responsible for obtaining and maintaining it.
Kallova does not verify, guarantee, or make proof of insurance a condition of using the Platform, except where independently required by law, and does not guarantee that any Contractor maintains any particular coverage.
Homeowners are encouraged to request proof of insurance directly from Contractors before authorizing major projects, and to independently confirm any coverage that matters to them.
9. Compliance with Applicable Law
Contractors using the Platform are expected to comply with all applicable laws, including, where applicable:
- Massachusetts General Laws Chapter 149 (employment and wage laws);
- Massachusetts General Laws Chapter 152 (Workers' Compensation);
- Massachusetts General Laws Chapter 93A (Consumer Protection);
- Occupational Safety and Health Act (29 U.S.C. §651 et seq.);
- Federal and Massachusetts anti-discrimination laws;
- Applicable environmental, pesticide, licensing, and municipal regulations.
Kallova does not independently verify ongoing legal compliance and cannot guarantee that every Contractor remains in compliance at all times.
10. Our Commitment to You; Limitation of Kallova's Role
Kallova is committed to helping Homeowners connect with qualified, reliable independent landscaping professionals, and to making that experience as smooth, transparent, and trustworthy as possible. We continuously work to improve how Contractors are matched, screened, and rated on the Platform.
Because each Contractor is an independent business rather than a Kallova employee, the actual performance of landscaping services — including the quality of work, project completion, workmanship, code compliance, pricing, timelines, and availability — is carried out and controlled by the Contractor, not by Kallova. As a result, these outcomes are not within Kallova's direct control, and Kallova is not in a position to guarantee them.
To the maximum extent permitted by law, Kallova shall not be responsible for damages arising from the acts or omissions of independent Contractors.
To the maximum extent permitted by law, Kallova and its officers, directors, employees, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, revenue, data, or goodwill, arising out of or relating to this Agreement or the Platform, even if Kallova has been advised of the possibility of such damages.
To the maximum extent permitted by law, Kallova's total aggregate liability for all claims arising out of or relating to this Agreement or the Platform will not exceed the greater of (a) US $100 or (b) the total service fees the Homeowner paid to (or that were retained by) Kallova in the twelve (12) months before the event giving rise to the claim.
Nothing in this Agreement limits liability where such limitation is prohibited by applicable law or for Kallova's own negligence or willful misconduct.
11. Claims Between Homeowners and Contractors
Any dispute concerning workmanship, pricing, delays, warranties, property damage, or contract performance shall be addressed directly between the Homeowner and the Contractor.
Kallova may, at its discretion, assist in facilitating communication but is under no obligation to resolve disputes or provide compensation.
12. Data Privacy
Kallova collects personal information from Homeowners, including contact information, property address, and payment information, in order to operate the Platform and facilitate services.
- Kallova will implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Homeowner personal information, consistent with the Massachusetts Standards for the Protection of Personal Information (201 CMR 17.00) and other applicable data security laws.
- Kallova will not sell Homeowner personal information to third parties, and will share it only with Contractors as necessary to fulfill a service request, with service providers (such as payment processors) as reasonably necessary to operate the Platform, or as required by law.
- Kallova may create and use aggregated or de-identified information derived from Platform activity — information that does not identify the Homeowner or any individual — for any lawful business purpose, including analytics, safety, research, and improving and promoting the Platform, and Kallova retains all rights in such information.
- Homeowners should avoid sharing sensitive property-access information (such as gate or lockbox codes) through unsecured channels outside the Platform where avoidable.
13. Photo and Content Release
Kallova may request the Homeowner's permission to use before-and-after photographs or descriptions of completed work for marketing, quality assurance, or promotional purposes. Kallova will not use identifiable images of a Homeowner's property for these purposes without the Homeowner's separate, opt-in consent, which may be withdrawn at any time by contacting Kallova.
14. Indemnification
To the extent permitted by law, the Homeowner agrees to indemnify and hold harmless Kallova, its officers, directors, employees, affiliates, and agents from claims arising out of:
- the Homeowner's breach of this Agreement;
- misuse of the Platform;
- inaccurate information provided by the Homeowner; or
- disputes between the Homeowner and a Contractor,
except to the extent caused by Kallova's own negligence or willful misconduct.
15. Dispute Resolution; Binding Arbitration; Class Action Waiver
Informal resolution first. Before starting arbitration or going to court, the party with a dispute must first send a written description of it and the relief sought to Kallova at info@kallova.com (or Kallova will send one to your account contact), and both sides will try in good faith to resolve it for sixty (60) days. This is a condition precedent to arbitration, and any filing deadline is paused while the parties confer.
Except as carved out below, you and Kallova agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the Platform (but not disputes described in Article 11 between a Homeowner and a Contractor) shall be resolved by final and binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, rather than in court. The Federal Arbitration Act governs this Article. The arbitrator — not a court — decides disputes about the scope or enforceability of this Article, except that a court decides the enforceability of the Class Action Waiver.
- Class Action and Jury Waiver. You and Kallova each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding; the arbitrator may not consolidate claims or preside over any representative proceeding. Each party waives any right to a jury trial. Claims for public injunctive relief that cannot be waived under applicable law (for example, California's McGill rule) are severed and decided in court after any arbitrable claims are arbitrated.
- Carve-Outs. Either party may bring an individual claim in small claims court, and either party may seek emergency injunctive relief in court to prevent irreparable harm pending arbitration. Claims that by law cannot be arbitrated are excluded to that extent.
- Costs. For any claim seeking less than US $10,000, Kallova will pay the AAA filing and arbitrator fees that exceed the equivalent court filing fee, unless the arbitrator finds the claim frivolous. Each side otherwise bears its own attorneys' fees, except where a statute provides otherwise.
- Mass Arbitration. If twenty-five (25) or more demands raising common issues are filed with coordinated counsel, the parties agree to a staged, batched process: ten (10) bellwether arbitrations proceed first; the remaining demands are held (and AAA fees deferred) pending their resolution and a good-faith mediated attempt at global resolution, and applicable limitations periods are tolled while a demand is held.
- Opt-Out. You may opt out of this arbitration provision (and the Class Action Waiver) by giving written notice to Kallova within thirty (30) days of first accepting this Agreement, following the opt-out procedure made available on the Platform. Opting out does not affect any other part of this Agreement.
- Governing Law; Severability; Survival. This Article is governed by the Federal Arbitration Act. If the Class Action Waiver is held unenforceable as to a particular claim, that claim (and only that claim) is severed and proceeds in court while the remaining claims are arbitrated; if any other part of this Article is unenforceable, the rest stays in effect. Kallova will notify you of material changes to this Article, and a change applies only to disputes that arise after it takes effect. This Article survives termination of this Agreement.
16. Electronic Signatures and Records
The Homeowner consents to accept this Agreement and any related disclosures electronically, and agrees that electronic acceptance and records satisfy any legal requirement that such agreements be in writing, consistent with the federal E-SIGN Act and the Massachusetts Uniform Electronic Transactions Act.
17. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Subject to Article 15, any legal action relating to this Agreement shall be brought in a court of competent jurisdiction located within Massachusetts, unless otherwise required by applicable law.
18. Notices
Kallova may provide notices to the Homeowner electronically, including by email or through the Platform. Notices to Kallova should be sent to the contact information published on the Platform.
19. Changes to this Agreement
Kallova reserves the right to amend this Agreement at any time. Continued use of the Platform following publication of revised terms constitutes acceptance of those revisions.
20. Severability
If any provision of this Agreement is determined to be unenforceable, the remaining provisions shall remain in full force and effect.
21. Copyright Complaints; Notice and Takedown
Kallova respects intellectual-property rights and expects Platform users to do the same. Kallova may remove or disable access to any content it believes, in its discretion, infringes another person's rights or violates this Agreement, and may suspend or terminate accounts involved in such activity.
Notice of claimed infringement. If you believe content on the Platform infringes a copyright you own or control, send a written notice to Kallova's designated agent that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work you claim is infringed; (c) identification of the material you claim is infringing and information reasonably sufficient to let Kallova locate it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. This is the notice described in 17 U.S.C. § 512(c)(3).
Designated agent. Notices of claimed infringement should be sent to: Copyright Agent, Kallova LLC, 118 Bogastow Brook Road, Sherborn, MA 01770, info@kallova.com.
Counter-notification. If your content was removed or disabled and you believe that was the result of mistake or misidentification, you may send the designated agent a counter-notice under 17 U.S.C. § 512(g) that includes your signature; identification of the removed material and the location where it appeared; a statement under penalty of perjury that you have a good-faith belief the material was removed as a result of mistake or misidentification; your name, address, and telephone number; and your consent to the jurisdiction of the U.S. District Court for your judicial district (or, if you are outside the United States, any judicial district in which Kallova may be found) and to accept service of process from the party who filed the original notice. Kallova may restore the material within ten (10) to fourteen (14) business days after receiving a compliant counter-notice, unless the original complainant first notifies the designated agent that it has filed a court action seeking to restrain the activity.
Repeat infringers. Kallova will, in appropriate circumstances, terminate the accounts of users who are repeat infringers.
Misrepresentations. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake, may be liable for damages.
22. Consent to Communications
You agree that Kallova and its service providers may contact you at the phone number(s) and email address(es) you provide, for purposes relating to your account and your service requests on the Platform.
- Automated calls and texts. You consent to receive calls and text (SMS) messages from Kallova at the number(s) you provide, including messages sent using an automatic telephone dialing system or an artificial or prerecorded voice, for operational and transactional purposes — such as one-time verification codes, account and security alerts, booking confirmations, scheduling and arrival updates, and payment or receipt notifications. Consent to automated messages is not a condition of purchasing any service.
- No marketing texts without opt-in. Kallova does not send marketing or promotional text messages. If Kallova later chooses to send them, it will first obtain your prior express written consent, which you may decline or withdraw at any time without affecting service-related messages.
- Frequency, rates, opting out. Message frequency varies and message and data rates may apply. You may reply STOP to a non-essential message to opt out and HELP for help; opting out of transactional messages needed to operate your account (such as security codes) may limit your ability to use the Platform.
- Your number. You represent that any phone number you provide belongs to you and that you are authorized to receive calls and texts at it, and you agree to update your account if the number changes.
- Other channels. Kallova may also communicate with you by email, in-app message, and push notification.
23. License to Use the App; Restrictions
The Kallova app, website, and platform — including their software, design, text, graphics, branding, and the measurement, pricing, matching, and demand data the platform generates (collectively, the "Platform") — are owned by Kallova or its licensors and are protected by intellectual-property laws. Kallova grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for its intended purpose of requesting and managing landscaping services for property you own or are authorized to manage. No other rights are granted.
You agree not to: (a) copy, modify, translate, or create derivative works of the Platform; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, except to the limited extent applicable law expressly permits despite this restriction; (c) scrape, crawl, harvest, or systematically extract data from the Platform, or access it by any automated means or any interface Kallova did not provide; (d) sell, rent, lease, sublicense, distribute, or otherwise commercially exploit the Platform, or make it available to any third party; (e) remove or obscure any proprietary notices; (f) use the Platform to build, train, or support a competing product or service; or (g) introduce malicious code or interfere with the Platform's operation or security.
Third-party maps, aerial imagery, address data, and parcel data made available through the Platform are licensed to Kallova for operating the Platform; you receive no rights in them and may not extract, copy, or reuse them outside the Platform. Your right to use the Platform ends if this Agreement terminates or your access is suspended.
24. Acknowledgement
By using the Kallova Platform, you acknowledge that:
- You understand Kallova is a technology marketplace and not a landscaping company.
- You understand that Contractors operate independent businesses.
- You accept that your service agreement is directly with the Contractor you select.
- You understand that Contractor background screening, where performed, does not guarantee a Contractor's conduct, as described in Article 3.
- You agree to resolve disputes with Kallova through binding individual arbitration as described in Article 15, unless you timely opt out.
- You consent to electronic signature and notices as described in Articles 16 and 18, and to communications as described in Article 22.
- You agree to use the app only as licensed and subject to the restrictions in Article 23.
- You have read and agree to this Agreement.