Effective: October 3, 2026 | Version 4.0
These Terms of Service (the "Terms") are an agreement between you and ArbKeep ("ArbKeep," "we," "us," or "our") governing your use of our websites, applications, and services, including the subscriber application, the client portal, public pages we host for subscribers, and any related tools (together, the "Service").
By creating an account, accepting these Terms where the Service asks you to, or using the Service, you agree to these Terms and to our Privacy Policy. If you are using the Service on behalf of a business, you represent that you have authority to bind that business, and "you" means that business. If you do not agree, do not use the Service.
You must be at least 18 years old to use the Service. The Service is a business tool for professional use.
You are responsible for the accuracy of the information on your account, for keeping your credentials secure, and for all activity that occurs under your account. Each account is for one named person; do not share credentials. Tell us promptly at the address in Section 20 if you believe your account has been accessed without authorization.
Trials and promotional access. We may offer free trials, founding or promotional pricing, or other complimentary access. The duration, eligibility, and conditions of any such offer are set at our discretion, may differ between accounts, and may be changed or ended at any time. When a trial or complimentary period ends, continued access requires a paid subscription.
Billing. Subscription fees are billed in advance through our payment processor on the interval disclosed when you subscribe. You authorize recurring charges until you cancel. Fees exclude taxes, which you are responsible for where they apply. If a payment fails or is reversed, we may suspend access until it is resolved.
Cancellation and refunds. You may cancel at any time. Cancellation takes effect at the end of the current billing period. Fees are non-refundable, including for partial periods, except where the law requires otherwise.
Price changes. If you subscribe under a founding or promotional rate, the price disclosed when you subscribe applies to that plan for as long as your subscription stays continuously active. The rate ends if you cancel or your subscription lapses for nonpayment, and does not extend to plans or add-ons introduced later. Otherwise, we may change prices with at least 30 days' notice to active subscribers.
The Service is a tool for recording, organizing, generating, and sharing information about your work. It is not a professional, legal, tax, or safety advisor, and ArbKeep does not perform, supervise, or warrant any tree care.
You are the professional of record. Every assessment, recommendation, document, price, message, and record you create or send through the Service is yours. You are solely responsible for your professional judgment, for the services you sell and perform, for the accuracy of credentials you display, and for complying with the laws that apply to your business, including licensing, pesticide and treatment regulations, consumer protection, and communications laws governing messages you send to clients.
Your clients' data. Information you enter about clients, properties, and work is stored on your behalf. You are the controller of that data and we process it for you. You are responsible for having the right to enter it, for obtaining any consent your clients' data requires, and for responding to your clients' requests about it. We will assist where the Service allows.
We do not hold your money. ArbKeep does not collect, hold, or disburse funds between you and your clients, takes no fee on your clients' payments, and is not a merchant of record or payment processor for your work. Payment records you enter in the Service reflect what you enter, not a transaction verified by ArbKeep.
Connected payment accounts. The Service may let you connect an account with a third-party payment processor so clients can pay you directly. If you do, the processor's terms govern that account and every payment made through it. Where the processor is Stripe, those terms include the Stripe Connected Account Agreement and the Stripe Services Agreement, and by connecting you agree to them. You are the merchant for every such payment and ArbKeep is not a party to it. Funds settle to your account and are paid out by the processor, which charges its fees to you. Refunds, disputes, and chargebacks are between you, your client, and the processor. Records the Service creates from the processor's notices are a convenience; the processor's records are authoritative. Whether the processor accepts, limits, or closes your account is its decision, and you may disconnect at any time.
Surcharges and discounts. If you add a surcharge for one payment method or a discount for another, you are solely responsible for complying with the card network rules and the laws that apply to you and your clients.
Taxes on your sales. Any tax calculations, summaries, or reports the Service produces are generated from the rates and data you provide and are for your records only. ArbKeep does not register you with any tax authority, file returns, or remit tax, and makes no representation that any calculation or report is accurate, complete, or suitable for filing. You are solely responsible for determining, collecting, filing, and remitting the taxes that apply to your business.
You own your content. Records, photos, documents, and other content you create or upload ("Your Content") remain yours. We claim no ownership of it.
License to operate the Service. You grant ArbKeep a non-exclusive, worldwide, royalty-free license to host, store, process, copy, display, transmit, and create derivative works of Your Content as needed to provide, secure, support, and improve the Service, including displaying it on the surfaces you configure, such as client portals and public pages, and generating documents, summaries, and figures from it. This license ends when Your Content is deleted from the Service, except for copies in backups, copies already delivered to clients or other users at your direction, and anything covered by the paragraphs below.
Suggestions. Anything you submit to ArbKeep as a suggestion or feedback, ArbKeep may use, adapt, and publish without obligation to you, crediting you at its discretion. You may ask ArbKeep to remove a credit at any time.
Aggregated data. ArbKeep may create and publish de-identified, aggregated information drawn from use of the Service, such as counts and ranges across accounts. It never identifies you or your clients and never attributes an individual value to you.
Export. You may export Your Content through the Service where it offers export, or request an export at the address in Section 20. We provide exports in a standard format within 30 days of a request.
Retention and deletion. When a trial ends without a subscription, or a subscription is canceled or terminated, we keep your account data for a grace period of 90 days so you can subscribe, reactivate, or export. During the grace period public pages generated from your account are deactivated. After it, we may permanently delete the account and its data and release any web address assigned to it. You may request deletion sooner. Copies in backups expire on a rolling schedule.
The Service generates documents, summaries, calculations, identifications, recommendations, and other output from the data you provide, in some cases using artificial intelligence. Generated output is a starting point for your review, not professional advice and not an evaluation by ArbKeep.
You review before you rely. You are responsible for reviewing generated output and for any decision, document, or communication based on it. Documents that carry your name and credentials are your professional work regardless of how they were prepared; ArbKeep is a formatting and generation tool and makes no representation about their contents.
No warranty on output. We do not guarantee that generated output is accurate, complete, current, or fit for any purpose. AI output in particular can be wrong, and species identifications, condition and risk assessments, treatment and product recommendations, and tax figures should be independently verified. ArbKeep is not responsible for how you, your clients, insurers, attorneys, or anyone else uses generated output.
The providers we use for AI and other processing are listed in the Privacy Policy. We do not use Your Content to train AI models, and we do not permit our providers to.
Hosted public pages. The Service may generate public pages for your business from your settings, at a web address we assign or a domain you configure. You are responsible for the accuracy of everything on them, including credentials, service descriptions, and contact details. If you connect your own domain, its registration and DNS are your responsibility. Public pages are provided as available and are deactivated when your account is in a grace period or closed; a released web address may be assigned to another subscriber.
Inquiries. Inquiries submitted through your public pages are stored in your account and routed to you. You are responsible for responding to them and for complying with the laws that govern how you contact the people who sent them.
Messages you send. Where the Service prepares a message for you to send from your own phone, email, or other account, you are the sender. You are responsible for having any consent the law requires from the recipient.
The Service depends on third-party services for hosting, payments, email, maps, weather and environmental data, AI processing, and analytics. They are listed in the Privacy Policy and operate under their own terms. We are not responsible for their availability, their decisions about your account with them, or their acts or omissions.
Links and product references. The Service may reference products and link to the sellers or manufacturers that sell them, and a subscriber may send such a link to a client. ArbKeep does not sell, ship, or take payment for third-party products. Any purchase is between you and the seller under the seller's terms, including price, availability, shipping, returns, and warranty. Prices and fit guidance shown in the Service are advisory, may differ from the seller's, and do not replace the judgment of the professional responsible for the tree. ArbKeep makes no warranty about any third-party product. Unless the Service states otherwise, we receive no commission on these links.
If you are a client of a subscriber and use the client portal, these Terms and the Privacy Policy apply to you. The first time you take an action in the portal that these Terms govern, such as approving work, renewing a program, or making a payment, you agree to them, and we record the version, the time, your IP address and browser, and how you signed in.
Your arborist, not ArbKeep, provides the tree care, sets its prices, and is responsible for the work and for the information shared with you. Your agreement for that work is with your arborist. Payments you make through the portal go to your arborist through their payment processor under its terms; ArbKeep does not receive them and does not issue refunds. Questions about your data held in the portal go first to your arborist, who controls it; we will help where the Service allows.
You agree not to:
We may investigate suspected violations and may suspend or terminate accounts that violate these Terms.
The Service, including its software, design, text, templates, documentation, and trademarks, is owned by ArbKeep or its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business during your subscription. All rights not expressly granted are reserved. Nothing in these Terms transfers any ownership of the Service to you, or of Your Content to us.
Availability. The Service is provided on an "as available" basis. We do not guarantee any level of uptime or performance, and the Service may be interrupted for maintenance, infrastructure changes, or causes beyond our control, with or without notice.
Changes. We may add, modify, or discontinue features at any time. We will give active subscribers reasonable notice of changes that materially reduce core functionality.
Data loss. We take reasonable measures to protect your data, including backups, but we do not guarantee against loss. Keep your own records and export periodically.
THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. We do not warrant that the Service will be uninterrupted, error-free, or secure, that output will be accurate, or that the Service will meet your requirements or produce any particular business result.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBKEEP AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, however caused and under any theory of liability, even if advised of the possibility. This includes, without limitation, losses arising from unavailability of the Service or of public pages; loss of data; your professional work, documents, assessments, or recommendations, and any third party's reliance on them; generated or AI output; tax calculations or filings; payments, payouts, refunds, disputes, surcharges, discounts, and decisions of any payment processor; and third-party products or services.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID ARBKEEP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED US DOLLARS. Some jurisdictions do not allow certain limitations; in those, our liability is limited to the fullest extent the law allows.
You will defend, indemnify, and hold harmless ArbKeep and its owners, officers, employees, contractors, and agents from any claims, damages, liabilities, and expenses, including reasonable attorneys' fees, arising from: your use of the Service; Your Content and anything you create, publish, send, or share through the Service; your professional services and the documents and advice you provide; payments you accept and any surcharge or discount you apply; your violation of these Terms; or your violation of any law or the rights of a third party.
By you. You may cancel at any time as described in Section 2, or request deletion of your account.
By us. We may suspend or terminate your access for violation of these Terms or nonpayment, effective immediately, and otherwise at our discretion with 30 days' notice. Trial and complimentary accounts may be suspended or closed at any time without notice.
Effect. On termination, your public pages are deactivated and the grace period in Section 5 begins. Sections that by their nature should survive, including 3 through 6 and 11 through 19, survive termination.
These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws rules.
Talk first. Before filing a claim, you agree to contact us at the address in Section 20 and give us 30 days to try to resolve it informally. We will do the same.
Arbitration. Any dispute arising from or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its rules, before a single arbitrator, in Franklin County, Ohio, or by videoconference. Either party may instead bring an individual claim in small claims court where it qualifies. You and ArbKeep each waive the right to a jury trial and to participate in a class, collective, or representative action. Judgment on the award may be entered in any court with jurisdiction.
We may update these Terms. The current version and its effective date are shown at the top of this page. For material changes we will email the address on your account before the new version takes effect. Continued use of the Service after the effective date is acceptance. If you do not agree to a change, cancel your subscription and request an export before it takes effect.
These Terms and the Privacy Policy are the entire agreement between you and ArbKeep about the Service and supersede any prior agreement on the subject. If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Notices to you may be sent to the email address on your account; notices to us go to the address below. Headings are for convenience only.
Questions about these Terms? Contact us at [email protected].
ArbKeep | Terms of Service v4.0 | October 3, 2026