These are the terms for using the ArborSmart website and software. Plain language, no traps. If something here seems unfair, tell us — we would rather fix it than argue about it later.
On this page
By using our website or the ArborSmart application, you agree to these terms. If you are agreeing on behalf of a company, you confirm you are authorised to bind that company, and "you" means the company.
If you do not agree, please do not use the service.
ArborSmart is subscription software for running a tree care business — estimates, scheduling, invoicing, crews, timesheets, fleet and vehicle inspections, and related tools. We provide it over the internet. You do not receive a copy of the software itself, and no rights are granted beyond the right to use it.
New sign-ups are reviewed and approved by us before access is granted. We may decline an application, and we do not have to give a reason.
You must give accurate information when signing up and keep it current. You are responsible for keeping login details secure, for all activity under your account, and for your Users' compliance with these terms. Tell us promptly at hello@getarborsmart.com if you believe an account has been compromised.
You may not share a single login between multiple people to avoid fees, and you may not let anyone outside your business use your account.
Pricing is set out on our pricing page and is tiered by the number of crews you run. Every plan includes the full feature set; the tier affects price, not capability.
Founding-member pricing is offered to a limited number of early customers. That rate is locked for two years from the date the subscription starts, regardless of standard price changes during that period. After two years, standard pricing applies, and we will tell you before it does.
The founding rate applies while the subscription stays active and in good standing. If it lapses, the rate is not guaranteed to be available again.
Where online card payments are enabled, they are processed by Stripe. Card details are entered directly with Stripe and are not stored on our servers. Stripe's standard processing fees apply, and we do not add a markup. Your use of Stripe is also subject to Stripe's own terms.
You are responsible for the accuracy of invoices you issue to your own customers through the Service, and for any tax arising from them.
Everything your business puts into ArborSmart — customers, jobs, estimates, invoices, employee records, photographs, notes — remains yours. You grant us only the permission we need to host, process, transmit, back up, and display it in order to provide the Service to you, and to comply with the law. That permission ends when you leave, apart from anything we must retain legally. We do not sell Your Data, mine it, or use it to advertise.
You are responsible for having the right to put Your Data into the Service, including any personal information about your employees and customers, and for it being accurate.
How we handle personal information is described in our Privacy Policy, which forms part of these terms.
The Service, its software, design, and branding belong to us and are protected by law. These terms grant you a limited, non-exclusive, non-transferable right to use the Service while your subscription is active. You may not copy, reverse-engineer, resell, sublicense, or create derivative works from the Service, or remove any branding, except where the law says you can regardless.
If you send us ideas for improving ArborSmart, we may use them freely and without owing you anything. We mention this only so nobody is surprised — we are not claiming ownership of anything else you send us.
Do not use ArborSmart to:
You are responsible for a working internet connection and suitable devices, for managing which of your Users can see what, for removing access when someone leaves your business, and for keeping your own records of anything your business cannot afford to lose.
ArborSmart includes location sharing, geofenced clock-in, and timesheet tracking. If you switch these on, you are responsible for telling your employees that this information is collected, for obtaining any consent the law requires, and for complying with employment and privacy law wherever you operate. We provide the tools; how you use them, and whether that is lawful in your situation, is your decision.
Parts of the Service depend on outside providers — including map imagery, address lookup, route optimisation, email delivery, and payment processing. These are described in our Privacy Policy. We choose them carefully but we do not control them, and we are not responsible for their acts, omissions, or availability. If one of them changes or disappears, we may need to substitute an equivalent.
If you submit a review and indicate we may publish it, you grant us permission to display the words you wrote, together with your name and company if you supplied them. We will never publish your email address. We may decline to publish anything, we may stop displaying a quote at any time, and you may ask us to take a published review down at any time by emailing hello@getarborsmart.com. We will not ask why.
Reviews must be your genuine opinion. Where we publish a quote from someone with a business connection to us, we disclose that connection alongside it.
We aim to keep ArborSmart running and available, but we do not promise it will be uninterrupted or error-free, and we do not currently offer a contractual uptime guarantee. We will not pretend otherwise in order to look bigger than we are.
ArborSmart is a young product under active development. We add, change, and occasionally remove features. Where a change would materially reduce functionality you rely on, we will give you reasonable notice. Some features may be labelled beta or preview — those are provided as-is and may change or be withdrawn.
We may need to take the Service down for maintenance, and we will try to do that outside working hours and to warn you when it is planned.
Support is provided by email at hello@getarborsmart.com and is included with every plan. We answer as quickly as we reasonably can during normal business hours. We do not currently commit to a guaranteed response time, and we would rather say that plainly than promise one we cannot keep.
We take regular backups of the Service, but backups are for our disaster recovery and are not a substitute for your own records. You can export your data at any time while your account is active. After cancellation or termination, we will make your data available for export for 30 days, after which it may be deleted. If you need longer, ask and we will work with you.
You may cancel at any time. We may suspend or terminate an account that materially breaches these terms, that puts the Service or other customers at risk, or where fees remain unpaid after we have asked. Except in urgent cases we will warn you and give you a chance to put things right first.
If we terminate your account without cause, we will refund any prepaid fees for the unused period and help you get your data out.
To the fullest extent the law allows, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
ArborSmart is business management software. It is not legal, tax, accounting, safety, or professional advice. Records such as vehicle inspections and timesheets are tools to help you keep your own records — you remain responsible for meeting whatever regulatory obligations apply to your business.
To the maximum extent permitted by law, ArborSmart is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost business, lost goodwill, or lost or corrupted data, even if we were told such damages were possible.
Our total liability for all claims arising out of or relating to the Service is limited to the total amount you paid us in the twelve months before the event giving rise to the claim.
Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud or for death or personal injury caused by negligence.
You agree to indemnify and hold us harmless from claims, losses, and reasonable costs arising from your use of the Service in breach of these terms, from Your Data, or from your failure to meet your obligations to your own employees or customers. We will tell you promptly of any such claim and let you control the defence, provided any settlement does not impose obligations on us.
Each of us may learn confidential information about the other. Both of us agree to protect it with reasonable care and not to disclose it except to people who need it and are bound to keep it confidential, or where the law requires disclosure. Your Data is your confidential information.
Neither of us is liable for failing to perform because of events genuinely beyond reasonable control — including outages at infrastructure providers, network failures, natural events, or acts of government. We will tell you what is happening and restore the Service as soon as we can.
We may update these terms. When we do, we will change the date at the top of this page, and for changes that materially affect customers we will give notice by email before they take effect. Continuing to use the Service after that means you accept the updated terms. If you do not accept them, you may cancel.
You may not transfer these terms or your account to someone else without our written agreement. We may transfer them in connection with a merger, acquisition, or sale of the business, and we will tell customers if that happens.
These terms are governed by the laws of the State of Texas, without regard to its conflict-of-law rules. The state and federal courts located in Texas have exclusive jurisdiction over any dispute, and both of us consent to that venue.
Before starting formal proceedings, both of us agree to try to resolve the matter directly: contact us at hello@getarborsmart.com with the details, and we will engage in good faith for at least 30 days. Most problems are a misunderstanding and a phone call fixes them.
We send notices to the email address on your account, so please keep it current. You send notices to hello@getarborsmart.com. Email counts as writing for the purposes of these terms.
These terms, together with our Privacy Policy, are the entire agreement between us about the Service and replace any earlier discussions. If a provision is found unenforceable, the rest stays in force and that provision is limited to the minimum extent necessary. If we do not enforce something straight away, we have not waived it. Nothing here creates a partnership, employment, or agency relationship, and there are no third-party beneficiaries.
Questions about these terms go to hello@getarborsmart.com.
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