Terms of Service

• Customers — tree service businesses that have an ArborUp account. Most of these Terms are about you.
• Customer staff — the people a Customer adds: office users who sign in to the dashboard, and crew members who receive new-request notifications by text or email.
• Homeowners — people who request an estimate through a Customer’s form. Section 15 is written for you. Your relationship is with the business you contacted, not with us.
• Visitors — anyone browsing arborup.app or trying the demo form.

ArborUp gives each Customer a branded, mobile-first estimate-request form at its own link. When a homeowner submits a request, we save it and deliver it to the people the Customer designates — by text message (with a photo) and by email — along with a private link to the full request and access to it in the dashboard.

You become a Customer either by signing up and paying by card on our site, or by arranging your account with us directly. Your plan, price, and billing interval are whatever was shown at checkout or agreed with us in writing (email counts) — we call that your “Order.” If an Order conflicts with these Terms, the Order controls for that conflict.

• We create your account during onboarding. Sign-in is by a one-time link sent to an email address. Anyone with access to that inbox can sign in as you, so keep it secure and tell us right away if you think an account has been compromised.
• You decide who gets access: which people can sign in, and which phone numbers and email addresses receive new-request notifications. You are responsible for everything done through your account and by the people you add, and for removing access when someone leaves.
• The lead links we text or email to your crew open without a login. They expire (currently 72 hours by default), but until then anyone who has one can open it. Treat them as confidential and don’t forward them outside your business.
• You must be at least 18 years old and able to enter into a binding contract to hold an account.

When a homeowner submits a request through your form, the photos, location, recording, description, and contact details they provide (“Request Data”) are collected on your behalf. As between you and us, you own the Request Data and you are responsible for it.

• We process Request Data only to provide the Service to you — store it, deliver it to the people you designate, transcribe voice memos, look up addresses, and show it in your dashboard — and as described in our Privacy Policy. We do not sell it and we do not use it for advertising.
• You are responsible for how you use Request Data and for complying with the laws that apply to you, including rules about calling, texting, or emailing consumers (for example, the Telephone Consumer Protection Act and its state equivalents), recording, and data protection. If your business needs a privacy notice of its own, that is yours to provide; ours covers what we do, not what you do.
• We will follow your reasonable written instructions about Request Data — for example, to delete a request or export your data.

• The Service sends text messages (including picture messages) and emails to the phone numbers and addresses you add. Add only the numbers of people who work with your business and whom you have permission to invite. Before a phone number receives any estimate request, ArborUp texts it once asking the person to reply YES; it receives nothing else until they do. Anyone can stop at any time by replying STOP, and if a recipient asks you or us to stop, remove them from your settings promptly. Standard message and data rates may apply to recipients, and message frequency depends on how many requests you receive. The full program is described at arborup.app/sms.
• We route notifications through third-party messaging and email providers. Delivery depends on carriers and networks we don’t control and isn’t guaranteed. If you’re not sure a request came through, check your dashboard — every request is saved there whether or not a notification arrived.

You agree not to, and not to allow anyone else to:

• use the Service for anything unlawful, or to collect information from anyone under 13;
• upload content you don’t have the right to share, or content that is malicious, harassing, deceptive, or infringing;
• submit false or automated estimate requests, or use an estimate form for anything other than a genuine request;
• probe, scan, or test the Service for vulnerabilities without our written permission, bypass access controls, or try to reach another business’s data;
• scrape, copy, resell, sublicense, or white-label the Service, or reverse engineer it except where the law gives you that right;
• interfere with the Service or place an unreasonable load on it.

We may suspend or limit access if we reasonably believe these Terms are being violated or the Service or its users are at risk. We’ll tell you why when we can.

Fees are whatever your Order says. Unless the Order says otherwise, fees are billed in advance, due on receipt, in U.S. dollars, and don’t include taxes, which are your responsibility (other than taxes on our income). If you signed up on our site, your subscription renews automatically at the end of each billing period (monthly or annual, whichever you chose) and your card on file is charged until you cancel; you can cancel any time from Billing in your dashboard, and cancellation takes effect at the end of the period you’ve already paid for. A discount code applies for the duration stated when it was offered and then falls away. Our payment processor (Stripe) handles your card details; we never see the full number. If a payment fails or an invoice is more than 30 days past due, we may suspend the Service after notifying you and restore it once the balance is paid. We may change fees at renewal with at least 30 days’ notice.

Your content

You keep all rights to your name, logo, branding, and other material you give us (“Customer Content”), and to your Request Data. You grant us a license to host, copy, process, display, and transmit it as needed to run the Service and as you direct — for example, showing your logo on your estimate form and sending a homeowner’s photo to your crew.

Our rights

We own the Service, including its software, design, and the ArborUp name and mark. Other than the right to use the Service under these Terms, we don’t grant you any rights in it. Your estimate form carries a small “Powered by ArborUp” line. We will only identify your business as a customer with your permission.

Feedback

If you send us suggestions or feedback, we may use them without any obligation to you.

The Service is built on third-party providers — for hosting, data storage, authentication, email and text-message delivery, speech-to-text transcription, and mapping, among other things. We choose providers we believe are reliable and secure, and we may change them at any time to keep the Service running well. Their services are governed by their own terms. We aren’t responsible for their acts or outages, but we’ll work to keep the Service available around them.

Voice-memo transcripts and address lookups are produced automatically and can be wrong. Confirm the details with the homeowner before you rely on them.

We improve ArborUp continuously and may add, change, or remove features. If a change materially reduces the core function of the Service for you, we’ll give you reasonable notice, and you may end your subscription and receive a prorated refund of any prepaid fees for the rest of the term.

• These Terms apply for as long as you use the Service. You may cancel any time from Billing in your dashboard (effective at the end of the current billing period) or as your Order describes; we may end your subscription on 30 days’ written notice.
• We may suspend or terminate immediately if you materially breach these Terms and don’t fix it within 10 days of our notice, if the law requires it, or if your account is more than 30 days past due after notice.
• When your account ends, your estimate form stops accepting requests. If you ask within 30 days, we’ll give you an export of your Request Data in a common format. After that, we delete your data within a reasonable period, except for backup copies that expire on their own schedule and records we’re required to keep.
• Sections that by their nature should survive — ownership, disclaimers, limits on liability, indemnification, and disputes — do.

The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We don’t promise that the Service will be uninterrupted or error-free, that every message will be delivered, or that any estimate request is accurate, serious, or from the person it claims to be from. Anything that happens between you and a homeowner — the estimate, the work, the payment — is between you and the homeowner.

To the fullest extent the law allows: (a) neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility; and (b) our total liability for all claims relating to the Service is limited to the fees you paid us in the 12 months before the event giving rise to the claim (or US $100 if you haven’t paid us anything). These limits don’t apply to your payment obligations, either party’s indemnification obligations, or liability that can’t be limited by law.

You will defend and indemnify Delineator against third-party claims, and the resulting costs and damages, arising from your Customer Content or Request Data, your use of the Service in violation of these Terms or the law, or your communications with homeowners or staff. We’ll tell you promptly about any such claim and cooperate reasonably. You won’t settle a claim in a way that admits fault on our behalf without our consent.

If you’re using a business’s estimate form, the business — not Delineator — is responsible for responding to you and for what it does with your information afterward. We host the form on the business’s behalf; our Privacy Policy explains what we do with what you send.

You agree to provide accurate information, to submit only photos and recordings you have the right to share, and to use the form only for a genuine request. Questions about your request or your information should go to the business first. You can also contact us.

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-law rules. If something goes wrong, we’d rather talk first: contact us and we’ll try to resolve it together within 30 days before either side files anything. Any dispute we can’t resolve informally will be brought in the state or federal courts located in Georgia, and each party consents to their jurisdiction.

• Entire agreement. These Terms, your Order, and the Privacy Policy are the whole agreement between us about the Service and replace any earlier discussions.
• Changes to these Terms. We may update these Terms. We’ll post the new version here with a new date and, for material changes, notify Customers by email or in the dashboard at least 30 days before they take effect. Using the Service after that means you accept them.
• Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition, or sale of assets.
• Notices. We’ll send notices to the email address on your account. Send notices to us using the contact details below.
• The rest. If part of these Terms is unenforceable, the rest stays in effect. Not enforcing a term isn’t a waiver of it. We’re independent contractors. Neither party is liable for delays caused by events beyond its reasonable control.

ArborUp is made by Delineator Media, LLC. Reach us through the contact form on arborup.app or at delineator.media.