Legal

Terms of Service

Effective Date: May 6, 2026

These Terms of Service (“Terms”) are a legal agreement between you and Hamilton Development Company, LLC (“NeedsDirt,” “we,” “our,” or “us”) governing your use of needsdirt.com and any associated services, APIs, or mobile interfaces (the “Service”).

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into a binding agreement to use the Service. By registering, you represent that you meet these requirements. The Service is intended for business use by contractors, excavators, landscapers, and related trades — not for personal or consumer use.

2. Account Registration

You must provide accurate and complete information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately at support@needsdirt.com if you suspect unauthorized access.

You may not create accounts for others without their authorization, use a false identity, or share your account with third parties (except under a Team account with designated members).

3. The Service — Marketplace Scope

NeedsDirt is a marketplace platform that enables registered users to post and browse listings for fill dirt, excavation material, and dump sites (“Listings”). We are not a party to any transaction between users. We do not own, control, inspect, or guarantee any material, site, or service listed on the platform.

We are not responsible for the quality, quantity, legality, title, safety, or availability of any dirt, fill, or dump site offered by users. All transactions are between the posting and responding users, and those users bear full responsibility for the terms and outcome of their deals.

4. Listing Guidelines

By posting a Listing, you represent and warrant that:

  • You have the legal right to offer the material or site described
  • The material is clean fill and does not contain hazardous waste, contaminated soil, construction debris containing asbestos or lead, or any other regulated substance
  • The information in the Listing is accurate and not misleading
  • The dump site or land described is legally available to receive fill material and compliant with applicable zoning, environmental, and local regulations

We reserve the right to remove any Listing that we determine, in our sole discretion, violates these guidelines or any applicable law.

Prohibited Listings

You may not post Listings that involve:

  • Hazardous, toxic, contaminated, or radioactive material
  • Illegal dumping on public or private land without proper authorization
  • Fraudulent, deceptive, or fictitious offers
  • Material that cannot legally be transported or disposed of in the described manner

5. Payments & Fees

Subscription Fees

Access to the Service may require a paid subscription. Pricing scales with market density (number of users within a defined radius of your account location). Your rate at the time of initial subscription will be honored for the life of that subscription (“grandfathered rate”) as long as it remains active without lapse. We reserve the right to adjust pricing for new subscribers at any time with notice.

Subscriptions automatically renew at the end of each billing period. You may cancel at any time through your account dashboard; cancellation takes effect at the end of the current billing period with no refund for partial periods.

In-App Transaction Fees

If a seller opts into in-app payment processing for a Listing, NeedsDirt charges a 2.5% platform fee on the transaction amount. This fee is deducted from the seller’s payout. Buyers who pay through the platform acknowledge that the platform fee is included in their payment. There is no fee for transactions conducted outside the platform.

Payment Processing

All payments are processed by Stripe, Inc. By using in-app payments or providing payment information for a subscription, you also agree to Stripe’s Terms of Service. We are not responsible for errors or issues arising from Stripe’s payment processing.

Refunds & Disputes

Subscription fees are non-refundable except where required by law or at our sole discretion. For in-app transaction disputes between users (e.g., material not delivered as described), NeedsDirt is not a party to the transaction and has no obligation to mediate or refund. Users should resolve disputes directly or through applicable legal channels.

6. Developer API

API access is available to registered users under the same account terms. You may generate API keys with READ, WRITE, and/or BILLING scopes. You are responsible for keeping your API keys confidential. Keys that are compromised or misused may be revoked without notice.

Programmatic access is subject to rate limits (60 requests/minute per endpoint). You may not use the API to scrape the platform for competitive intelligence, build an unauthorized marketplace, or circumvent subscription requirements. Any application you build using the NeedsDirt API must comply with these Terms and our then-current API documentation.

7. Intellectual Property

NeedsDirt and its underlying software, design, trademarks, and content are the property of Hamilton Development Company, LLC. You may not copy, reproduce, modify, or create derivative works of any part of the Service without our written permission.

By posting a Listing, you grant NeedsDirt a non-exclusive, royalty-free, worldwide license to display, reproduce, and distribute your Listing content solely for the purpose of operating and promoting the Service. This license terminates when you remove the Listing or delete your account.

8. Prohibited Conduct

You agree not to:

  • Use the Service for any unlawful purpose
  • Post false, misleading, or fraudulent Listings
  • Impersonate any person, company, or entity
  • Attempt to gain unauthorized access to other accounts or our systems
  • Interfere with the Service’s operation or infrastructure
  • Use automated tools to access or scrape the Service beyond permitted API use
  • Harass, threaten, or abuse other users
  • Resell access to the Service without authorization

9. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS ABOUT THE QUALITY, LEGALITY, SAFETY, OR ACCURACY OF ANY LISTING, MATERIAL, OR SITE POSTED BY USERS. YOU BEAR FULL RESPONSIBILITY FOR VERIFYING ANY LISTING BEFORE ENTERING INTO A TRANSACTION.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEEDSDIRT AND HAMILTON DEVELOPMENT COMPANY, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to indemnify and hold harmless NeedsDirt, Hamilton Development Company, LLC, and their respective officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) any Listing you post; (c) your violation of these Terms; or (d) any transaction you conduct through or arising from the Service.

12. Governing Law & Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law principles. Any dispute arising from these Terms or your use of the Service shall first be addressed through good-faith informal negotiation by emailing us at support@needsdirt.com.

If informal resolution fails after 30 days, the dispute shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall be conducted in Nelson County, Kentucky, or remotely by mutual agreement. You waive any right to a jury trial and any right to bring claims as a class action.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or prevent irreparable harm.

13. Termination

We may suspend or terminate your account at any time for violation of these Terms, fraudulent activity, or for any reason with reasonable notice. You may terminate your account at any time via your dashboard or by contacting us. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination (including Sections 9, 10, 11, 12, and 13) will survive.

14. Team Accounts

Team accounts allow multiple users to operate under a single subscription. The account owner is responsible for all activity by team members and for ensuring each member has agreed to these Terms. Team pricing starts at $50/month and scales with the number of members and market conditions.

15. Changes to These Terms

We may update these Terms at any time. If we make material changes, we will notify you by email or by posting a prominent notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

16. Miscellaneous

These Terms constitute the entire agreement between you and NeedsDirt with respect to the Service and supersede all prior agreements. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of our right to do so later. You may not assign your rights under these Terms without our written consent. We may assign our rights and obligations in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms should be directed to:
Hamilton Development Company, LLC d/b/a NeedsDirt
Email: support@needsdirt.com