Effective Date: July 9, 2025
ArborFast & ArborMulch Terms of Service
Terms of Service
1. Acceptance of Terms
By accessing or using ArborFast, ArborMulch, their websites, mobile applications, software, databases, APIs, or related services (collectively, the "Platform"), you agree to be bound by these Terms of Service. If you do not agree to these Terms, do not access or use the Platform.
2. Platform Purpose
ArborFast and ArborMulch are technology platforms that facilitate communication, estimating, scheduling, lead generation, project management, and logistics between independent users. The Platform is nota contractor, subcontractor, arborist, trucking company, delivery company, consultant, broker, employer, insurer, agent, or service provider. The Platform does not perform tree work, construction work, consulting services, transportation services, mulch deliveries, hauling services, or any field operations. The Platform'ssole role is providing software and technology services.
3. Independent Users
All contractors, drivers, businesses, service providers, and customers using the Platform are independent parties. Nothing in these Terms creates an employment relationship, partnership, joint venture, franchise, agency relationship, or fiduciary relationship between the Platform and any user. Users are solely responsible for their own actions, services, operations, employees, subcontractors, and business activities.
4. Contractor Responsibilities
By using the Platform, contractors represent and warrant that they:
- Possess all licenses required by law
- Maintain all insurance required by law
- Maintain all permits required by law
- Comply with all federal, state, and local laws
- Comply with OSHA and workplace safety requirements
- Are responsible for their employees, subcontractors, equipment, vehicles, and operations
- Are responsible for payroll, taxes, workers' compensation, and legal compliance ArborFast and ArborMulch do not verify, inspect, monitor, audit, guarantee, or endorse contractor qualifications, licensing, insurance, certifications, safety programs, vehicles, equipment, or legal compliance.
5. Customer Responsibilities
Customers represent and warrant that they:
- Own the property or have authority to request services
- Provide accurate information
- Disclose known haz ards
- Provide safe and legal access to the property
- Obtain any required permissions, approvals, or permits Customers are solely responsible for information submitted through the Platform.
6. Estimates, Measurements, and AI Tools
Any estimates, measurements, pricing information, recommendations, calculations, reports, or AI - generated information provided through the Platform are estimates only. Contractors are solely responsible for verifying all measurements, pricing, scope of work, quantities, and project requirements before performing services. The Platform makes no warranty regarding the accuracy of estimates, calculations, measurements, recommendations, or AI - generated information. ArborFast does not guarantee that any estimate, proposal, customer inquiry, lead, project opportunity, or request will result in revenue, work, or business for any user.
7. Arbor Mulch Material and Delivery Terms
Wood chips, mulch, logs, and other organic materials are provided on an "as available" basis. Users acknowledge that delivered materials may contain:
- Mixed tree species
- Bark
- Leaves
- Needles
- Seeds
- Weeds
- Insects
- Fungi
- Mold
- Natural debris
- Moisture
- Organic matter ArborMulch makes no warranty regarding quantity, quality, cleanliness, species, moisture content, condition, suitability, fitness for purpose, delivery timing, or agricultural performance. Drivers may refuse any delivery location deemed unsafe or inaccessible.
8. Property Access and Site Conditions
Customers are responsible for identifying and protecting:
- Irrigation systems
- Septic systems
- Underground utilities
- Landscaping
- Driveways
- Curbs
- Sidewalks
- Structures
- Private property Customers assume all risk associated with property access, delivery instructions, and site conditions.
9. User Content, Photos, and Data Rights
Users retain ownership of content they upload. By uploading photographs, videos, documents, estimates, project information, measurements, communications, or other content, users grant ArborFast and ArborMulcha perpetual, irrevocable, worldwide, royalty - free, transferable, sublicensable license to store, host, reproduce, modify, display, distribute, analyze, process, create derivative works from, and otherwise use such content for any lawful business purpose. Users acknowledge that uploaded photographs, measurements, estimates, project information, and related data may be incorporated into proprietary databases, image libraries, artificial intelligence systems, machine learning models, analytics systems, software products, training datasets, and future technologies. Users waive any claim to compensation, royalties, licensing fees, or other payments arising from such use. The Platform may aggregate, anonymize, modify, combine, and retain uploaded data indefinitely for analytics, research, benchmarking, product development, artificial intelligence training, quality assurance, marketing, and commercial purposes. All software, source code, algorithms, AI models, databases, image collections, derivative works, analytics systems, and intellectual property developed from Platform data shall remain the exclusive property of ArborFast and ArborMulch. 1 0. Fees and Pay ments Subscription fees, transaction fees, and other charges are billed according to the selected service plan. Subscriptions automatically renew unless canceled before the renewal date. All payments are non - refundable except where required by law. Failure to pay may result in suspension or termination of access.
11. Account Suspension and Termination
The Platform may suspend, restrict, or terminate any account at any time, with or without notice, for:
- Fraud
- Misrepresentation
- Illegal activity
- Abuse of the Platform
- Safety concerns
- Non - payment
- Violation of these Terms
12. Disclaimer of Warranties
TH E P L ATFO R M IS P R O V I D E D "AS IS" AN D "AS A V AI L AB L E. " TO TH E MA X IMUM EX T E NT P ER MITT E D B Y L A W, TH E P L ATFO R M D ISC L AIMS A LL W A RR ANTI E S, EX P RE SS O R IMP L I E D, INC L U D IN G W A RR ANTI E S OF M ER CHANTABI L IT Y, FITN E SS FO R A PA R TICU L A R PU R POS E, NON - INF R IN GE M E NT, ACCU R AC Y, RE L IABI L IT Y, A V AI L ABI L IT Y, O R P ER FO R MANC E. TH E P L ATFO R M D O E S NOT G UA R ANT EE:
- Job opportunities
- Revenue
- Customer leads
- Business growth
- Delivery availability
- System uptime
- Data accuracy
- Uninterrupted service
13. User Disputes
Any dispute arising from services, estimates, deliveries, payments, workmanship, property access, scheduling, communications, project performance, or transactions is solely between the users involved. ArborFast and ArborMulch are not parties to such disputes and assume no responsibility for resolving them.
14. Limitation of Liability
TO TH E MA X IMUM EX T E NT P ER MITT E D B Y L A W, A R BO R FAST, A R BO R MU L CH, TH E I R O W N ER S, OFFIC ER S, D I RE CTO R S, E MP L O YEE S, CONT R ACTO R S, AFFI L IAT E S, SUCC E SSO R S, AN D ASSI G NS SHA LL NOT B E L IAB L E FO R:
- Property damage
- Personal injury
- Death
- Lost profits
- Lost revenue
- Lost business opportunities
- Business interruption
- Lost data
- Consequential damages
- Incidental damages
- Special damages
- Punitive damages IN NO EVE NT SHA LL TH E TOTA L L IABI L IT Y OF A R BO R FAST O R A R BO R MU L CH EX C EE D TH E GRE AT ER OF ON E HUN D RE D D O LL A R S ( $100 ) O R TH E TOTA L AMOUNT PAI D B Y TH E US ER TO TH E P L ATFO R M D U R IN G TH E T W E L VE ( 12 ) MONTHS P RE C E D IN G TH E C L AIM. 1 5. Indemni fi cation Users agree to defend, indemnify, and hold harmless ArborFast, ArborMulch, their owners, offi cers, directors, employees, contractors, affi liates, successors, and assigns from and against any claims, lawsuits, liabilities, damages, losses, judgments, penalties, fines, costs, expenses, and attorney fees arising from:
- Use of the Platform
- Services performed
- Deliveries completed
- Property access
- User content
- Violations of law
- Violations of these Terms
- Acts or omissions of the user 1 6. Force Maj eure The Platform shall not be liable for delays, interruptions, failures, or damages caused by events beyond its reasonable control, including weather, wildfire, fl ood, earthquake, utility outages, internet outages, labor shortages, government actions, pandemics, cyberattacks, or acts of God. 1 7. Intellectual Property All software, trademarks, logos, source code, databases, designs, content, technology, and intellectual property associated with ArborFast and ArborMulch are owned exclusively by ArborFast and ArborMulch. Users may not copy, reproduce, distribute, reverse engineer, scrape, modify, license, sell, or exploit any portion of the Platform without written permission. 1 8. Electronic Sig natures Creating an account, clicking "I Agree, " submitting information, or using the Platform constitutesa legally binding electronic signature and acceptance of these Terms. 1 9. Arbitration and Gov erning Law Any dispute arising out of or relating to the Platform shall be resolved exclusively through binding arbitration. Users waive any right toa jury trial. Users waive participation in class actions or class arbitration. These Terms shall be governed by the laws of the State of California. Venue for any permitted legal proceeding shall be San Luis Obispo County, California. 2 0. Entire Ag reement These Terms constitute the entire agreement between the user and the Platform and supersede all prior agreements, communications, understandings, and representations. If any provision is found unenforceable, the remaining provisions shall remain in full force ande ff ect. ArborFast & ArborMulch Privacy Policy
Privacy Policy
1. Introduction
ArborFast and ArborMulch ("Platform, " "we, " "our, " or "us") respect your privacy and are committed to protecting your information. This Privacy Policy explains what information we collect, how we use it, how we share it, and the choices available to you when using ArborFast, ArborMulch, their websites, mobile applications, software, and related services. By using the Platform, you consent to the collection, use, and disclosure of information as described in this Privacy Policy.
2. Information We Collect
We may collect the following information: Account Information
- Name
- Email address
- Phone number
- Mailing address
- Business name
- User account credentials Job and Project Information
- Service requests
- Property addresses
- Job descriptions
- Project notes
- Estimates
- Invoices
- Communications between users Photos and Uploaded Content
- Tree photographs
- Property photographs
- Site photographs
- Mulch delivery photographs
- Videos
- Documents
- Attachments
- Measurements
- Project files Device and Usage Information
- IP address
- Browser type
- Device type
- Operating system
- App version
- Usage activity
- Login history Location Information
- GPS location
- Address information
- General geographic location
- Mapping and routing information Payment Information Payments may be processed through third-party providers such as Stripe. ArborFast and ArborMulch do not store complete credit card information on our servers.
3. How We Use Information
We may use information to:
- Provide Platform services
- Process service requests
- Facilitate communication between users
- Facilitate mulch deliveries
- Process subscriptions and payments
- Improve Platform functionality
- Develop new features
- Prevent fraud and abuse
- Provide customer support
- Comply with legal obligations
- Protect Platform security
- Analyze platform performance
4. Photos, Data, and Artificial Intelligence
Users retain ownership of content they upload. By uploading photographs, videos, estimates, measurements, project information, communications, or other content, users grant ArborFast and ArborMulch permission to:
- Store content
- Process content
- Analyze content
- Display content
- Create derivative works
- Improve software functionality
- Train artificial intelligence systems
- Train machine learning systems
- Improve image recognition systems
- Improve estimating systems
- Improve analytics systems Users acknowledge and agree that uploaded content may be incorporated into proprietary databases, image libraries, artificial intelligence systems, machine learning models, analytics systems, software products, and future technologies. ArborFast and ArborMulch may retain anonymiz ed, aggregated, or de - identified data indefinitely for analytics, research, benchmarking, product development, software improvement, and artificial intelligence training purposes.
5. Information Sharing
We do not sell personal information. We may share information: Between Users Information necessary to facilitate services, estimates, communications, and deliveries may be shared between customers, contractors, drivers, and service providers. Service Providers We may share information with third-party providers that help operate the Platform, including:
- Payment processors
- Hosting providers
- Cloud storage providers
- Mapping providers
- Analytics providers
- Customer support providers
- Email and SMS providers Legal Requirements We may disclose information if required by law, court order, subpoena, or governmental request. Business Transfers If ArborFast or ArborMulch is involved ina merger, acquisition, financing, reorganization, sale of assets, or bankruptcy, information may be transferred as part of that transaction.
7. Data Retention
We retain information for as long as necessary to:
- Operate the Platform
- Provide services
- Comply with legal obligations
- Resolve disputes
- Enforce agreements
- Improve Platform functionality Some information may remain in backups, archives, logs, or aggregated datasets even after account deletion. Anonymiz ed or aggregated information may be retained indefinitely.
8. Security
We use commercially reasonable security measures to protect information. However, no method of electronic transmission or storage is completely secure. Users acknowledge that ArborFast and ArborMulch cannot guarantee absolute security of information transmitted through the internet.
9. User Rights
Subject to applicable law, users may request to:
- Access their information
- Correct inaccurate information
- Delete certain information
- Download available account data
- Opt out of marketing communications Requests may be submitted through Platform support channels. Certain information may be retained where required by law or for legitimate business purposes. 1 0. Ch ildren ' s Privacy The Platform is intended only for individuals who are at least 1 8 years old. ArborFast and ArborMulch do not knowingly collect personal information from children under the age of 1 8. If we become aware that information froma child has been collected, we may delete such information.
11. California Privacy Rights
California residents may have additional rights under applicable privacy laws, including the right to request access to personal information, request deletion of personal information, and request correction of inaccurate information. We do not sell personal information. Requests may be submitted through Platform support channels.
12. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. Updated versions will be posted on the Platform. Continued use of the Platform after changes becomee ff ective constitutes acceptance of the revised Privacy Policy.
13. Contact Information
Questions regarding this Privacy Policy may be submitted through ArborFast or ArborMulch customer support channels. By using ArborFast or ArborMulch, you acknowledge that you have read, understood, and agree to this Privacy Policy. I auth orize & acceptthe above Digital Signature Check * Mike Miller Typeyour full leg alnameto aut horize. Back Si gn & Accept