SOILMATE LLC TERMS OF SERVICE

Effective as of June 1, 2023.

Welcome to Soilmate LLC! These terms of service apply to this website, our applications and any other website, social media accounts, services, information or products owned and/or offered by Soilmate LLC. By visiting and accessing the services we provide, you understand, accept and agree to adhere to the following terms of service. 
Our terms and policies may change at any given time; in which customers will be notified of any updates. By electing to continue with our services you agree to adhere to any changes and updates made to these terms of service and the privacy policy. 

Services & Eligibility 
Soilmate LLC provides a compost pick-up service from your home or place of business to our compost processing facility. Subscribing to our services can be done through our website or through a dedicated commercial link. Any delays or cancellations for current customers must be requested through the online portal. Customers must be 18 years of age or older to use the services provided by Soilmate LLC. By accessing or using our services, you represent and warrant that you are 18 years or older, and that you have the right, authority and capacity to agree and adhere to these terms. 

Soilmate LLC strives and promises to treat all customers with respect and kindness in all forms of communication. We hope and expect the same from our customers. Soilmate LLC reserves the right to refuse services, discontinue services, or terminate an account at our discretion.  

Communications 
Email will be our primary and most reliable form of communication. 

We will add client contact information (including but not limited to names, email address, phone numbers and physical address) to our user portal and email list to provide updates regarding our services, promotions or news related to the business. By voluntarily providing your email address, you agree to subscribe to newsletter, marketing or other promotional emails. You may opt-out of receiving emails at any time. Personal information will not be shared with any third parties. 

Payments 
Payment information will be securely stored on our platform. Please be sure to use a secure login and password when accessing your portal. We use a third-party payment processor (“Shopify Payments”) to link your credit card account to the services. The processing of payments in connection with your use of the services will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Soilmate LLC is not responsible for any errors by the Payment Processor.  

Soilmate LLC is a subscription-based service. Payment will be automatically charged to the card on file each month. If customers fail to make payments on time (card on file cannot be charged), you will receive immediate notice from our platform asking to update payment information. A follow-up email will be sent within 72 hours if no changes have been made. If information is not updated within 96 hours of notification, services will be suspended. You will have a month from the date of suspension to reactivate and update your account before it is closed.  

Refunds for services already provided are not allowed. 

Pauses and Cancellation 
We do allow temporary pauses of services. If you choose to temporarily pause services for a month, you must notify us on the portal at least 48 hours before the next billing cycle. Services cannot be paused if payment has already been applied for the month. 

You may also cancel services at any time. Please notify us at least 48 hours before the next billing cycle. No refunds can be given if payment for the month has already been applied. Once the service is cancelled, we will attempt to pick up the compost bin on your regular pick-up day and time. If we are unable to collect your bin after 2 attempts, a lost bin charge will be applied to your account. 

Pick-up schedule 
Pick up services will occur throughout the week. Designated pick-up days will be communicated to clients through our portal and email communication system. Bins must be placed outside in a secure location for pickup. For residential pickups, bins must be outside by 8pm the night before scheduled pickups. For commercial pickups, bins must be accessible between 9am-5pm EST on scheduled pickup days. Though exact pick-up times cannot be guaranteed, our team will strive to pick up between 5pm, unless otherwise notified. 

Given the nature of our small business, occasionally there may be the need to reorganize routes or days for pick-up, in which case customers will be notified ahead of time to adjust accordingly. 

On occasion, due to unforeseen circumstances (extreme weather or emergencies outside of our control), we may miss your scheduled pick up. We will email and update you if we are unable to pick up and will attempt to reschedule as soon as possible. If unable to reschedule within 7 days we will issue credit or refund. 

Pick up rules 

• Pickup times:
• Residential customers: Bins must be left outside by 8pm the night before your scheduled pick-up day. 
• Commercial customers: Bins must be accessible 9am-5pm EST on your scheduled pick-up day.
• Please remove bins from pickup spot at the end of the day 
• If bins are not in a reasonable, visible or safe area, we will ask that you find a new location for placement to avoid any damages to or loss of bins. 
• Please don’t overfill the bins! If you notice your bins are constantly overflowing, please consider upgrading to an option that can better accommodate your needs. After consistent overfilling, an upgrade will automatically be added to your account (with the option to object within 3 days). 
• For residential customers only: Please ensure the compostable bags remain inside the bin when filling them up. We will provide you with a new bag after each pick-up. 

Contamination 
Contaminants can jeopardize the composting process and kill the quality of the compost pile! We will provide training, communications, education and guides to ensure that the correct items are place in our bins. Please check out our 'What to Compost' guide to see what items are safe to toss in your bin! 

Our team does check each bin at pick-up to avoid potential contaminants from entering the compost pile. We will notify you if a contaminate is found in your bin and offer potential solutions. If it has been communicated several times and no remedial action is taken after 2 months of consistent contamination, we will have to assess a contamination fee. The fee will continue to be applied monthly until the issue is resolved. If no remedial action is taken after the contamination fee is applied for 3 months, we reserve the discretion to cancel the service.  

Lost, damaged or stolen bins 
We encourage you to place the bin in a location that minimizes the risk of it being damaged or stolen. However, in the event that a bin is either stolen, lost or damaged, we can replace the bin at cost. 

Privacy 
We have a separate Privacy Policy which explains how we collect, manage, secure, and store your personal information. Please read about our privacy policy by clicking here: Privacy Policy. 

Ownership Rights 
All content and materials available on your-Soilmate.com, including but not limited to text, graphics, website name, code, photographs, images and logos are the intellectual property of Soilmate LLC. Unless otherwise specified, the services are provided for your personal non-commercial use only. These Terms do not convey to you any rights of ownership in or related to the services or the content. No portion of the services may be used or otherwise exploited for any purpose in any form without the express written permission of Soilmate LLC and, as applicable, its service providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or content without express written permission from Soilmate LLC.   

Any content posted by you using any open communication tools on our website or social media accounts, provided that it doesn’t violate or infringe on any third-party copyrights or trademarks, becomes the property of Soilmate LLC, and as such, provides us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to personal information that is provided in a contact form, subscription form or order. Such personal information is covered by our privacy policy. 

Indemnity 
You agree to defend, indemnify, and hold Soilmate LLC, its affiliates, its licensors, and each of their directors, other users, employees, attorneys, agents, and partners harmless from and against any claims, costs, actions, demands, damages, losses, liabilities, expenses, and settlements including, without limitation, reasonable legal and accounting fees, arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third-party, or (c) your misuse of the Services. 

Limitation of Liability 
Except as prohibited by law, Soilmate LLC and its officers, directors, employees and agents will not be held liable for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorney's fees and all related costs and expenses of litigation and arbitration), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statues, rules or regulation, even if Soilmate LLC has been previously advised of the possibility of such damage. If there is liability found on the part of Soilmate LLC, it will be limited to the amount paid for the services and/or products, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so this limitation may not apply to you.  

Site usage 
We have the right to remove any content submitted to our website or media accounts that we feel does not comply with these Terms of Service. We have the right to remove any content that we feel is otherwise offensive, harmful, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us.