Effective Date: July 9, 2025
ArborFast & ArborMulch Terms of Service
These Terms govern your access to and use of the ArborFast and ArborMulch websites, mobile applications and related services.
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 not a 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’s sole 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 hazards
- 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 ArborMulch a 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.
10. Fees and Payments
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
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR PERFORMANCE. THE PLATFORM DOES NOT GUARANTEE:
- 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 THE MAXIMUM EXTENT PERMITTED BY LAW, ARBORFAST, ARBORMULCH, THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR:
- 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 EVENT SHALL THE TOTAL LIABILITY OF ARBORFAST OR ARBORMULCH EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE TOTAL AMOUNT PAID BY THE USER TO THE PLATFORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
15. Indemnification
Users agree to defend, indemnify, and hold harmless ArborFast, ArborMulch, their owners, officers, directors, employees, contractors, affiliates, 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
16. Force Majeure
The Platform shall not be liable for delays, interruptions, failures, or damages caused by events beyond its reasonable control, including weather, wildfire, flood, earthquake, utility outages, internet outages, labor shortages, government actions, pandemics, cyberattacks, or acts of God.
17. 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.
18. Electronic Signatures
Creating an account, clicking “I Agree,” submitting information, or using the Platform constitutes a legally binding electronic signature and acceptance of these Terms.
19. Arbitration and Governing Law
Any dispute arising out of or relating to the Platform shall be resolved exclusively through binding arbitration. Users waive any right to a 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.
20. Entire Agreement
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 and effect.
See also our Privacy Policy.