ArborBase Terms of Service

A product of Arbcura Technology LLC

Effective Date: May 23, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") form a legal agreement between you and Arbcura Technology LLC ("Arbcura," "we," "us," or "our") governing your use of ArborBase (the "Service"). By creating an account, accessing, or using ArborBase, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, do not use the Service.

If you are using ArborBase on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and references to "you" include both you and the organization.

2. Description of Service

ArborBase is a software platform for tree management, used by institutional organizations (such as breweries, universities, hospitality groups, corporate campuses, and similar organizations that manage trees on properties they own or operate) and commercial tree care companies. The Service provides:

• Tree inventory management (capturing, organizing, and reporting on tree records)
• Recommendation tracking and workflow management
• Job and work order management
• Crew and contractor coordination
• Mobile field applications for in-the-field tree work
• Reporting, dashboards, and operational analytics
• Optional integrations with third-party services (see Section 10)

The Service is provided as software-as-a-service. Features and functionality may evolve over time. We reserve the right to add, modify, or remove features, though we will make reasonable efforts to communicate material changes in advance.

3. Accounts and Eligibility

3.1 Account Creation

To use most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration, and to keep your account information up to date.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at privacy@arbcura.com if you believe your account has been compromised.

3.3 Eligibility

You must be at least eighteen (18) years of age to create an account. If you are using the Service on behalf of an organization, you represent that you are authorized to do so and that the organization meets these eligibility requirements.

3.4 Organizational Roles

Within an organization, different users may have different roles and capabilities (such as Owner, Admin, Manager, Arborist, Crew Lead, Crew Member, Viewer, or Contractor). The actions you can perform in the Service depend on the role assigned to your account by your organization's administrator.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Use the Service to infringe the intellectual property, privacy, or other rights of any third party
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by applicable law
• Use automated means (bots, scrapers, etc.) to access the Service without our written permission
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any part of the Service, other user accounts, or computer systems connected to the Service
• Upload or transmit viruses, malware, or other malicious code
• Share or resell access to the Service without our written permission
• Use the Service in a manner that violates these Terms or our Privacy Policy

We reserve the right to suspend or terminate accounts that violate these acceptable use rules.

5. SMS Communications Program

5.1 Program Description

The ArborBase SMS program sends account and operational notifications to users who opt in. The program is operated by Arbcura Technology LLC and delivered through Twilio.

5.2 Message Types

Messages sent through the program may include:

• Account invitations and onboarding messages
• Password reset requests
• Work order assignments and updates
• Scheduled visit reminders
• Completion confirmations
• Service alerts and account notifications

5.3 Message Frequency

You may receive up to ten (10) messages per week. Message frequency varies based on your role within your organization and your engagement with the platform. Some users may receive fewer messages; some events may temporarily increase frequency.

5.4 Opt-In and Opt-Out

Opt-in: You opt in to the SMS program by affirmatively consenting in your account settings, including by checking a clearly-labeled consent box that states the program description, message frequency, and applicable rates.

Opt-out: Reply STOP to any message to unsubscribe. You will receive a final confirmation message, and you will no longer receive SMS messages from us.

Help: Reply HELP for assistance, or contact us at privacy@arbcura.com or 706-909-9137.

Resume: If you have opted out and wish to resume receiving messages, reply START or update your preferences in your account settings.

5.5 Carrier Disclaimers

Message and data rates may apply. Standard rates charged by your wireless carrier may apply to messages you send and receive. Arbcura is not responsible for charges from your wireless carrier related to SMS messages sent through this program.

Carriers are not liable for delayed or undelivered messages. Delivery is subject to the operational availability and performance of your carrier's network.

5.6 Supported Carriers

The SMS program is supported on major US wireless carriers, including but not limited to AT&T, Verizon, T-Mobile, and US Cellular. Availability is not guaranteed on all carriers.

5.7 Privacy

Your phone number and message content are handled in accordance with our Privacy Policy, including the SMS-specific protections in Section 4 of that policy. Your phone number will not be shared with third parties for marketing purposes.

6. Tree Care Recommendations and Advice

ArborBase may include features that generate recommendations, risk assessments, or care suggestions based on data you provide and on AI-assisted analysis. These outputs are informational and operational aids only. They are not professional arboricultural advice and do not constitute a substitute for evaluation by a qualified arborist conducting on-site inspection.

Trees can fail unpredictably and cause property damage, injury, or death. Decisions about tree care, removal, risk mitigation, and emergency response must be made by qualified professionals based on direct, in-person observation of the specific tree and site conditions. You agree that:

• You will not rely solely on ArborBase outputs for safety-critical decisions involving trees, hazards to people or property, or matters that require licensed professional judgment
• You will engage qualified arborists, foresters, or other licensed professionals for on-site assessment and decision-making appropriate to your circumstances
• You bear sole responsibility for the tree management decisions made by you or your organization, including decisions informed by ArborBase outputs
• Risk ratings, condition assessments, and recommendations in the Service are records of professional observations and judgments, not guarantees or warranties of any kind regarding future tree behavior

7. Fees and Payment

7.1 Pricing

Some ArborBase features and tiers require payment. Current pricing is provided at the point of purchase or in your subscription agreement. We may change pricing for future billing periods with advance notice.

7.2 Payment Processing

Payments are processed by our payment processor, Stripe. By providing payment information, you authorize us to charge the applicable fees to your payment method. You are responsible for keeping your payment information current.

7.3 Subscriptions

If you subscribe to a paid plan, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel at any time through your account settings or by contacting us.

7.4 Refunds

Except as required by applicable law, fees paid are non-refundable. Specific refund terms applicable to your subscription will be communicated at the time of purchase.

7.5 Taxes

Fees do not include taxes. You are responsible for any applicable sales, use, or value-added taxes.

8. Your Data

8.1 Ownership

You retain ownership of the data you submit to the Service, including tree records, recommendations, photos, notes, and other content ("Your Data"). We claim no ownership of Your Data.

8.2 License to Operate the Service

You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, process, transmit, and display Your Data solely for the purpose of providing and improving the Service. This license includes processing Your Data through our service providers (see Section 10 and our Privacy Policy).

8.3 Data Export

You may export Your Data at any time using the Service's export features, or by contacting us for assistance. We will provide reasonable export assistance during the term of your account and for thirty (30) days after termination.

8.4 Aggregate and De-Identified Data

We may create and use aggregated and de-identified data derived from Your Data for purposes such as improving the Service, training AI models that benefit all users, and producing benchmarks or reports. Aggregated and de-identified data does not identify you or your organization individually.

9. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and trademarks, is owned by Arbcura Technology LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted.

"Arbcura," "ArborBase," "Tree Mark," "Echo," "Cairn," "TreeVue," and "Drop a Log" are trademarks of Arbcura Technology LLC.

10. Third-Party Services and Integrations

The Service integrates with third-party services as described in our Privacy Policy. These services have their own terms and privacy policies. Your use of third-party services through the Service is subject to those third-party terms.

We are not responsible for the practices, content, or availability of third-party services. Issues with a third-party service should be addressed to that service provider.

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF TREE-RELATED OUTPUTS, INCLUDING SPECIES IDENTIFICATION, RISK ASSESSMENTS, RECOMMENDATIONS, OR ANY AI-ASSISTED FEATURES. SEE SECTION 6 FOR ADDITIONAL DISCLAIMERS RELATED TO TREE CARE ADVICE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARBCURA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN FULL. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Indemnification

You agree to indemnify, defend, and hold harmless Arbcura, its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to your use of the Service, your violation of these Terms, your violation of any third-party rights, or any decisions made or actions taken based on outputs from the Service (including but not limited to tree care decisions, risk assessments, and recommendations).

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us. Termination does not entitle you to a refund of fees paid for the current billing period.

14.2 Termination by Us

We may suspend or terminate your account if you violate these Terms, if your account is used for fraudulent or unlawful activity, if we receive a legal order to do so, or for any other reason at our reasonable discretion with notice to you (except in cases involving fraud, illegal activity, or significant harm to other users, where we may act without prior notice).

14.3 Effect of Termination

Upon termination, your access to the Service will end. We will retain Your Data for thirty (30) days after termination to allow you to export it, after which Your Data may be deleted from our active systems (some data may be retained in backups for a limited period, and certain data may be retained as required by law or our Privacy Policy).

14.4 Survival

Sections that by their nature should survive termination will survive, including provisions related to intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

15. Arbitration, Class Action Waiver, and Dispute Resolution

15.1 Informal Resolution

Before initiating any formal proceeding, you and Arbcura agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") informally. You agree to send a written notice describing the Dispute to legal@arbcura.com or to the address in Section 18. We agree to send any notice to the email address associated with your account. The party receiving the notice will have sixty (60) days to attempt to resolve the Dispute. If the Dispute is not resolved within sixty (60) days, either party may initiate arbitration as described below.

15.2 Binding Arbitration

Except as expressly stated otherwise in this Section 15, any Dispute that is not resolved through informal resolution shall be resolved through final and binding arbitration, rather than in court. This includes any Dispute regarding the existence, validity, scope, or enforceability of these Terms or this arbitration agreement. The arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for non-consumer Disputes, its Commercial Arbitration Rules), as modified by these Terms. The AAA's rules are available at www.adr.org.

The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA rules. The arbitrator shall have exclusive authority to resolve any Dispute, including the threshold issues of arbitrability and the validity of these Terms. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU AND ARBCURA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not preside over any form of representative or class proceeding. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

If a court decides that any portion of this class action waiver is unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), then that claim or request shall be severed from the arbitration and may be brought in a court of competent jurisdiction, but the remainder of this Section 15 shall remain enforceable as to all other claims.

15.4 Small Claims Court Carve-Out

Notwithstanding the foregoing, either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of that court, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction. The class action waiver in Section 15.3 still applies.

15.5 Opt-Out of Arbitration

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to opt out to legal@arbcura.com within thirty (30) days of the date you first accepted these Terms (or, for existing users on the effective date of these Terms, within thirty (30) days of that effective date). Your opt-out notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither you nor Arbcura will be required to arbitrate Disputes between us, and the venue provisions in Section 15.7 will apply instead. Opting out has no other effect on your relationship with Arbcura or your use of the Service.

15.6 Arbitration Procedure

The arbitration shall be conducted in Athens, Georgia, or by video conference at the election of the party initiating arbitration. Each party shall bear its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees and costs to the prevailing party to the extent permitted by applicable law. Arbcura will pay the AAA filing, administrative, and arbitrator fees to the extent required by the AAA Consumer Arbitration Rules.

The arbitration shall be confidential, except as necessary to enforce the arbitrator's award or to comply with applicable law.

15.7 Governing Law and Venue (If Arbitration Does Not Apply)

If for any reason a Dispute proceeds in court rather than in arbitration (including if you opt out of arbitration under Section 15.5, or if a particular claim is determined to be non-arbitrable), these Terms shall be governed by the laws of the State of Georgia without regard to its conflict of law principles, and you and Arbcura agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Athens-Clarke County, Georgia.

15.8 Severability

If any portion of this Section 15 is found to be unenforceable, the remaining provisions shall continue in full force and effect. If the class action waiver in Section 15.3 is found to be unenforceable in a particular case, then this entire Section 15 shall be null and void as to that case, and the parties shall be required to litigate the Dispute in court subject to Section 15.7.

15.9 Survival

This Section 15 shall survive any termination of these Terms or your account.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email (if you have an account with us) or by posting a notice within the Service. The "Effective Date" at the top of these Terms indicates when they were last updated. Continued use of the Service after a change indicates your acceptance of the updated Terms. If you do not accept the updated Terms, you must stop using the Service.

Material changes to the arbitration agreement in Section 15 will be subject to a new 30-day opt-out window from the effective date of the change.

17. Other Arbcura Products

These Terms apply specifically to ArborBase. Other Arbcura Technology LLC products — including Tree Mark, Echo, Cairn, TreeVue, and Drop a Log — are governed by their own separate Terms of Service, which will be published on the legal page for each product as it becomes available. Our Privacy Policy applies across all Arbcura products.

18. Contact Us

For questions about these Terms, or to send notices required under Section 15 (including arbitration opt-out notices), contact us: