PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE ARBORSMART MOBILE APPLICATION.
Contents
This End-User License Agreement ("EULA") is a legal agreement between you and ArborSmart ("we", "us") for the ArborSmart mobile application (the "App"). By downloading, installing, or using the App, you agree to this EULA. If you do not agree, do not install or use the App.
The App is a way to reach the ArborSmart service. Your use of the service itself — your account, subscription, and data — is governed by our Terms of Service and Privacy Policy, which form part of this EULA. If this EULA and the Terms of Service conflict about the App, this EULA wins.
This EULA is between you and ArborSmart only — not with Apple Inc., Google LLC, or any other app store (each an "App Store"). ArborSmart, not the App Store, is solely responsible for the App and its content.
We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the App on devices you own or control, for your business's use of ArborSmart, and only as permitted by the usage rules of the App Store you got it from. For the Apple App Store, that means the Usage Rules in the Apple Media Services Terms and Conditions, including use by other accounts in your Family Sharing group or through volume purchasing where those rules allow it.
You may not:
The App is licensed, not sold. We and our licensors keep all rights not expressly granted to you.
The App is free to download. Using it requires an ArborSmart account, which your company obtains directly from us. Nothing is sold inside the App. You can delete your account from within the App at any time under Settings → Danger zone.
The App may ask to use your device's location, camera, and photo library, and only when you use a feature that needs them. You can refuse or withdraw these in your device settings. What we do with that information is described in our Privacy Policy.
We are solely responsible for providing any maintenance and support for the App, as described in our Terms of Service. Contact us at hello@getarborsmart.com. You and we both acknowledge that the App Store has no obligation at all to provide maintenance or support for the App.
We may release updates that fix problems, add features, or remove them. Some updates may be required to keep using the App.
To the fullest extent the law allows, the App is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not promise the App will be uninterrupted, error-free, or work offline in every situation.
If the App fails to conform to any warranty that the law does not let us exclude, you may notify the App Store, and the App Store may refund the purchase price you paid for the App, if any. To the maximum extent the law allows, the App Store has no other warranty obligation of any kind regarding the App, and any other claims, losses, liabilities, damages, costs, or expenses caused by a failure to conform to a warranty are our responsibility, not the App Store's.
To the maximum extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost business, arising from your use of or inability to use the App. Our total liability is limited as set out in our Terms of Service. Nothing here limits liability that cannot lawfully be limited.
We, not the App Store, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar laws.
If a third party claims that the App, or your possession and use of it, infringes that party's intellectual property rights, we — not the App Store — are solely responsible for investigating, defending, settling, and discharging that claim.
You confirm that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
You must comply with any applicable third-party terms when using the App — for example, your wireless data provider's terms. The App relies on outside services such as maps and payment processing, described in our Privacy Policy.
You and we acknowledge and agree that Apple Inc. and its subsidiaries are third-party beneficiaries of this EULA, and that once you accept it, Apple has the right (and is deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
This licence lasts until ended by you or us. You can end it by deleting the App. It ends automatically if you breach this EULA, or when your access to ArborSmart ends. On termination you must stop using the App and delete it from your devices.
This EULA is governed by the laws of the State of Texas, without regard to its conflict-of-law rules, and disputes are handled as described in our Terms of Service. Nothing here removes rights you have under the consumer laws of the place you live.
We may update this EULA. When we do, we will change the date at the top of this page, and for material changes we will give notice by email or in the App. Continuing to use the App after that means you accept the change.
Questions, complaints, or claims about the App go to:
ArborSmart
1900 Knightsbridge Rd
Irving, TX 75039
United States
Phone: (469) 703-5477
Email: hello@getarborsmart.com