Please read this agreement carefully. By accessing or using the ArborFinale platform, you agree to be bound by these terms. If you do not agree, do not use the service.
This End-User License Agreement ("Agreement") is a legal contract between you ("User," "you," or "your") and Rogue Automations LLC ("Company," "we," "us," or "our"), the operator of ArborFinale, a cloud-based operations management platform for tree-service businesses ("Service").
By creating an account, clicking "I Agree," or otherwise accessing or using the Service, you represent that (a) you have read and understand this Agreement, (b) you have the authority to enter into this Agreement on behalf of yourself or the organization you represent, and (c) you agree to be bound by all terms and conditions herein.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms.
Subject to your compliance with this Agreement and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business operations during the subscription term.
This license does not include the right to:
You agree not to, and will not permit others to:
You must provide accurate and complete information when registering for an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
The Service supports multiple user roles within a single organization account. The account owner (typically the subscribing business) is responsible for all actions taken by authorized users added to the account. You agree to promptly remove access for any user who is no longer authorized.
You agree to notify us immediately at support@arborfinale.com upon becoming aware of any unauthorized use of your account or any other security breach. We will not be liable for any loss resulting from your failure to secure your account credentials.
The Service and all content, features, and functionality thereof — including but not limited to software, text, graphics, logos, button icons, images, and data compilations — are and will remain the exclusive property of Rogue Automations LLC and its licensors, protected by applicable intellectual property laws.
"ArborFinale" and associated logos are trademarks of Rogue Automations LLC. You may not use our trademarks without our prior written permission.
Nothing in this Agreement transfers any right, title, or interest in the Service to you. Your use of the Service does not grant you any ownership rights.
You retain all rights, title, and interest in and to any data, information, or content you submit, upload, or transmit through the Service ("Customer Data"). We do not claim ownership of your Customer Data.
By using the Service, you grant us a worldwide, royalty-free, non-exclusive license to use, copy, store, transmit, and display your Customer Data solely to the extent necessary to provide and improve the Service, and as otherwise described in our Privacy Policy.
You are solely responsible for the accuracy, quality, legality, and appropriateness of your Customer Data. You represent that you have all rights necessary to submit your Customer Data to the Service and that doing so does not violate any third-party rights or applicable law.
Upon cancellation of your subscription, we will make your Customer Data available for export for a period of thirty (30) days. After that period, we may delete your data in accordance with our data retention policies.
The Service may integrate with or link to third-party services such as QuickBooks Online, Stripe, Google Maps, and others ("Third-Party Services"). Your use of any Third-Party Services is governed by their respective terms of service and privacy policies, not this Agreement.
We do not control Third-Party Services and are not responsible for their availability, accuracy, content, or practices. We provide these integrations as a convenience and do not endorse any Third-Party Services.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that: (a) the Service will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from use of the Service will be accurate or reliable; or (c) any errors in the Service will be corrected.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROGUE AUTOMATIONS LLC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL — ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Rogue Automations LLC and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
You may terminate your account at any time by canceling your subscription through the account settings or by contacting us. Termination does not entitle you to a refund of any prepaid fees.
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for conduct that we determine, in our sole discretion, violates this Agreement, is harmful to other users, to us, or to third parties, or for any other business reason.
Upon termination, all licenses granted to you hereunder will immediately terminate. Sections 5, 8, 9, 10, 12, and any other provisions that by their nature should survive, will survive termination of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict-of-law principles.
Any dispute arising from or relating to this Agreement or the Service shall first be addressed through good-faith negotiation. If not resolved within thirty (30) days, the parties agree to submit to binding arbitration administered by a mutually agreed arbitration service, with proceedings conducted in English.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
We reserve the right to modify this Agreement at any time. If we make material changes, we will notify you by email or by posting a prominent notice in the Service at least fourteen (14) days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Agreement.
If you do not agree to the revised terms, you must stop using the Service and cancel your account before the effective date.
If you have any questions about this Agreement, please contact us:
Rogue Automations LLC
Email: legal@arborfinale.com
Support: support@arborfinale.com
See also our Privacy Policy.