DE LARA LANDSCAPING TERMS OF SERVICE

These Terms of Service (the "Terms") govern your use of the services provided by De Lara Landscaping ("we," "us," "our," or the "Business"), a Texas-based landscaping company owned and operated by Ricardo De Lara, located at 5515 Gregg Ln, Manor, TX 78653, together with our website at https://www.delaralandscapematerial.com and our SMS/text messaging program (collectively, the "Services"). Please read these Terms carefully. By requesting a quote, scheduling service, authorizing work, opting in to text messages, using our website, or otherwise engaging with our Services, you agree to be bound by these Terms.

1. AGREEMENT TO TERMS

By using the Services, you represent that you have read, understood, and agreed to these Terms. If you do not agree, you may not use the Services. These Terms form a binding legal agreement between you and De Lara Landscaping.

We may update these Terms from time to time. When we do, we will update the "Last Updated" date at the top of this document. Your continued use of the Services after the effective date of any update constitutes your acceptance of the revised Terms.

2. SERVICES DESCRIPTION

De Lara Landscaping provides professional landscaping and grounds Services in the Austin metro area, including but not limited to:

• Landscape installation, including new landscape design, planting, sod, mulch, and edging.
• Hardscape installation, including patios, walkways, retaining walls, pavers, and stone features.
• Irrigation, including system installation, repair, and adjustment of sprinkler and drip systems.
• Seasonal cleanup, including spring and fall cleanup, leaf removal, debris removal, and prep work.
• Lawn maintenance, including mowing, edging, blowing, and general lawn health services.
• Tree care, including trimming, pruning, removal, and stump work (subject to any additional permits or specialists required by the specific job).
• Materials delivery, including delivery of mulch, soil, gravel, rock, sod, and related landscape materials.

The scope of each project is described in the specific work order or estimate provided to you. If you request additional work outside the scope of the estimate, additional charges may apply.

3. ELIGIBILITY

You must be at least eighteen (18) years old and reside in the United States to use our Services, request a quote, opt in to our SMS program, or contract with us. By using the Services, you represent and warrant that you meet these eligibility requirements. If you are contracting on behalf of a business or other entity, you represent that you are authorized to bind that entity to these Terms.

4. PAYMENT AND DEPOSITS

Payment Processor

We accept payment through Stripe, our third-party payment processor. Stripe processes card information under its own terms and privacy policy. We may also accept ACH, check, or other payment methods at our discretion.

Deposits for Large Projects

For landscape installation, hardscape projects, irrigation projects, tree removal, and other large or multi-day projects, a deposit may be required at the time the work order is signed. The deposit amount will be described in the estimate or work order and is non-refundable except as required by law or as expressly set out in the work order.

Standard Invoicing

For lawn maintenance, small deliveries, and other recurring or short-turnaround Services, invoices are due upon completion unless a separate billing arrangement is described in your work order.

Refund Policy

[Refund Policy — TBD]

Beyond any refund rights expressly set out in your work order or required by law, refunds are handled on a case-by-case basis under the refund policy that Ricardo De Lara will confirm.

Taxes

All prices are subject to any applicable Texas sales tax or other applicable taxes.

5. PROPERTY ACCESS AND UTILITY LOCATES

Access

You are responsible for providing safe and lawful access to the property where Services will be performed, including granting our crews permission to enter, providing gate codes and access instructions, and ensuring that pets and other animals are contained. If we cannot access the property at the scheduled time, additional charges or a mobilization fee may apply as described in Section 7.

Utility Locates

Before performing any excavation or planting work that involves digging, we or you (as agreed in the work order) will request public utility locates through the Texas 811 One-Call system. It is a free service, and we take reasonable steps to comply with the marks placed by 811. However, 811 DOES NOT locate private underground utilities and improvements, such as private irrigation lines, low-voltage lighting, pet fences, propane lines, private electrical to sheds or outbuildings, private water lines, private sewer lines, or unmarked pool equipment lines. You must disclose the location of any known private underground utilities before work begins. We are not liable for damage to unmarked, undisclosed, or inaccurately located private underground utilities or improvements.

6. WEATHER DELAYS AND RESCHEDULING

Weather in Central Texas is unpredictable. We reserve the right to reschedule Services when weather conditions (including rain, high winds, freezing temperatures, wet soil, or storms) would compromise safety, quality, or timely completion of the work. In the event of weather delays, we will make reasonable efforts to reschedule promptly and to communicate the new schedule to you via phone, text, or email. Weather-related rescheduling shall not constitute a breach of these Terms or of any work order.

7. CANCELLATION POLICY

If you need to cancel or reschedule Services, please provide at least forty-eight (48) hours' notice in advance of the scheduled service date by phone at (737) 373-4708 or by email at delaralandscapesales@gmail.com. Cancellations with less than 48 hours' notice, and no-show or locked-gate situations that prevent our crews from performing scheduled work, may result in a mobilization or no-show fee to cover crew, fuel, and scheduling costs. The specific fee amount will be disclosed in your work order or estimate where practical.

8. DAMAGE CLAIMS

You must notify us in writing of any claim of damage to your property arising from our Services within seventy-two (72) hours of job completion. Notice must be sent by email to delaralandscapesales@gmail.com or by any other method described in your work order. Claims made after this period may not be honored except as required by law. Notice must include a description of the alleged damage, photographs where available, and the date the damage was first observed. We will investigate reasonable and timely claims and respond in good faith.

9. WARRANTIES

Workmanship Warranty

We warrant our workmanship for a period of ninety (90) days from the date of job completion. If a defect in workmanship arises during that period and is reported in writing under Section 8, we will repair the defect at no additional charge. This workmanship warranty does not cover damage caused by weather, third parties, pets, ordinary wear and tear, lack of watering or maintenance, customer-directed changes made after installation, or events beyond our reasonable control.

Plant Material

Plant material (including trees, shrubs, sod, and other living plants) is NOT covered by any warranty from De Lara Landscaping unless a specific plant warranty is expressly written into your work order. If a plant warranty is included in the work order, its scope, duration, and conditions will be described there.

Disclaimer of Other Warranties

Except for the express workmanship warranty above and any express written warranty in your work order, all Services are provided on an "as is" basis without any other warranties, whether express or implied, including implied warranties of merchantability or fitness for a particular purpose.

10. MESSAGING PROGRAM — A2P/10DLC

The following provisions govern the "De Lara Landscaping SMS" program. By opting in through our website chat form, lead opt-in form, quote request form, or by otherwise giving express consent to a member of our team, you agree to these provisions.

Program Description

The De Lara Landscaping SMS program is a mixed-use messaging program that includes transactional messages (such as job confirmations, appointment reminders, and delivery notifications) and seasonal marketing messages (such as spring cleanup offers).

Frequency and Cost

Message frequency varies. Estimated message volume is between 1,000 and 10,000 messages per month across our customer base. Message and data rates may apply, depending on your mobile carrier and plan.

Opt-Out and Help

You may opt out of the program at any time by replying STOP to any message. You may request help at any time by replying HELP. You may also contact us at (737) 373-4708 or delaralandscapesales@gmail.com.

Carrier Liability

The following disclosure is provided in the exact form required by wireless carriers and messaging platforms:

Wireless carriers are not liable for delayed or undelivered messages.

Platform

We send SMS through GoHighLevel (also known as GHL or LeadConnector) as our messaging platform.

11. INTELLECTUAL PROPERTY

All content on our website, including logos, text, photographs, graphics, and design elements, is the property of De Lara Landscaping or its licensors and is protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from our content without our prior written consent.

By providing your consent on the work order or by other written confirmation, you grant us a limited license to use before/after photographs and videos of your property for our professional portfolio, on our website, and on social media. Where practical, we will avoid publishing identifying details such as full street addresses without your separate consent.

12. USER CONDUCT

You agree to use the Services only for lawful purposes and in a manner that does not:

• Infringe on the rights of any third party, including intellectual property, privacy, or publicity rights.
• Harass, threaten, or abuse our staff, subcontractors, or other customers.
• Interfere with or disrupt our website, our operations, or our messaging program.
• Transmit any viruses, malware, or other harmful code.

We reserve the right to refuse service to any customer at our discretion, subject to applicable non-discrimination laws.

13. DISCLAIMERS AND LIMITATION OF LIABILITY

Disclaimers

Our Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, other than the express warranties set out in Section 9 and in your work order, and except as expressly required by law. We do not warrant that our website will be uninterrupted or error-free.

Limitation of Liability

To the maximum extent permitted by law, in no event shall De Lara Landscaping or Ricardo De Lara be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or emotional distress, arising out of or related to your use of the Services or these Terms.

Our total aggregate liability to you arising out of or related to any single claim shall not exceed the amount you paid to De Lara Landscaping for the specific work order or Service giving rise to the claim.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law.

14. DISPUTE RESOLUTION — ARBITRATION PRIMARY

Governing Law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles.

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us in writing at delaralandscapesales@gmail.com or (737) 373-4708 with a description of the dispute and the resolution you are seeking. The parties agree to make a good-faith effort to resolve the dispute informally within thirty (30) days after that notice.

Binding Arbitration

If the informal resolution process does not resolve the dispute, and subject to the small-claims carve-out below, the parties agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Travis County, Texas, and the arbitrator's award may be entered as a judgment in any court of competent jurisdiction. The parties agree that this arbitration provision is governed by the Federal Arbitration Act.

Small Claims Carve-Out

Notwithstanding the arbitration provision above, either party may bring an individual action in the small claims court located in Travis County, Texas, provided the dispute qualifies for small claims jurisdiction.

Non-Arbitrable Matters

For any dispute that is not subject to arbitration or small claims jurisdiction, the parties agree that the state and federal courts located in Travis County, Texas (including the U.S. District Court for the Western District of Texas, Austin Division) shall have exclusive jurisdiction and venue. Each party consents to personal jurisdiction in those courts.

Class-Action Waiver

To the maximum extent permitted by law, you and De Lara Landscaping agree that any dispute will be resolved on an individual basis only, and not as part of a class, collective, or representative action. You waive any right to participate in a class action, collective action, or representative action against De Lara Landscaping. If any portion of this class-action waiver is deemed unenforceable, the remainder of the dispute resolution provisions shall remain in force.

CONTACT US

Any questions or notices related to these Terms should be directed to:

APPENDIX A — SAMPLE MESSAGES

The following are representative sample messages that may be sent under the De Lara Landscaping SMS program. Actual message content will vary based on the specific customer, job, and season.