TreeSnap Terms of Service

1. Who we are and what these Terms cover

1.1 These Terms of Service ("Terms") are a legal agreement between you and Winegarden, doing business as TreeSnap, a sole proprietorship ("TreeSnap," "we," "us," or "our"). Our mailing address is 215 West Bandera Road, Suite 114-1021, Boerne, TX 78006, and our email is hello@treesnap.cloud.

1.2 These Terms cover your use of the TreeSnap website at treesnap.cloud, the TreeSnap application and its settings, billing, and admin pages, and every branded web app we host for a shop (for example, yourcompany.treesnap.cloud). Together, we call these the "Service."

1.3 "You" and "Shop" mean the tree service business that signs up for the Service, and the individual who accepts these Terms on the business's behalf. "Homeowner" means a person who uses a Shop's branded web app to request an estimate. Homeowners are not TreeSnap customers. Their use of a branded web app is covered by Appendix A.

1.4 Our Privacy Policy explains how we collect, use, and share information. It is part of these Terms. If these Terms and the Privacy Policy conflict on a privacy matter, the Privacy Policy controls.

Back to contents

2. Accepting these Terms

2.1 You accept these Terms when you check the box agreeing to them and start your subscription, or when you otherwise use the Service as a Shop. If you don't agree, don't sign up or use the Service.

2.2 If you accept these Terms for a business, you confirm that you have authority to bind that business. "You" then includes that business.

2.3 We keep a record of your acceptance, including the version of these Terms you accepted, the date and time, and the billing terms shown to you before you started your trial. We keep that record for at least 3 years, or for 1 year after your account ends, whichever is longer. If you receive a refund under Section 10.4(a), we also keep a minimal record (email, phone number, street address, subdomain, Stripe customer ID, and refund date) after your other data is deleted, only to prevent repeat refunds, for 3 years.

Back to contents

3. Eligibility: US businesses only

3.1 The Service is for businesses only. By signing up, you confirm that:

• (a) you are at least 18 years old;
• (b) you are signing up for a business that provides tree care or related services, and you will use the Service only for that business and not for personal, family, or household purposes;
• (c) your business is located in the United States and serves customers in the United States; and
• (d) the information you give us, including your business name, contact details, and service area, is accurate, and you will keep it current.

3.2 The Service is offered only to businesses located in the United States.

Back to contents

4. What TreeSnap does and doesn't do

4.1 What we do. We provide software that lets you offer a branded web app to homeowners. Homeowners upload photos and choose a service (for example, removal or trimming). Our system, using third-party AI providers, produces a ballpark estimate based on the photos, the details the homeowner provides, and the rates and settings you configure. We show the estimate to the homeowner and email the lead (the homeowner's name, phone number, email, ZIP code, photos, and estimate) to you.

4.2 What we don't do. TreeSnap:

• (a) does not perform, supervise, inspect, schedule, or guarantee any tree work;
• (b) does not set your prices; you set your own rates and decide what you actually charge;
• (c) is not a party to any agreement, quote, or job between you and a homeowner, and is not your agent, broker, or employer;
• (d) does not verify homeowners, their property, their photos, or their intent to hire you, and does not guarantee any number or quality of leads or any amount of business;
• (e) does not verify the licenses, insurance, certifications, or other claims of any Shop; and
• (f) does not call or text homeowners.

4.3 Emails sent for you. As part of the Service, we send lead emails to you, and we send homeowners emails about their request (such as their estimate or a confirmation that their request was received) on your behalf, under your business name. Email is the only way TreeSnap contacts homeowners. Any call or text to a homeowner comes from you, not from TreeSnap.

Back to contents

5. AI-generated estimates

5.1 Ballparks, not quotes. Estimates are generated automatically by AI from photos and limited information. They are preliminary ballpark ranges only. They are not binding quotes, offers, bids, or contracts, and they are always subject to your own assessment of the job.

5.2 Estimates can be wrong. AI can misidentify species, size, condition, hazards, access, or the scope of work, and can produce prices that are too high or too low, even with correct rates. You are responsible for reviewing each lead and for the price you actually quote and charge.

5.3 Your rates drive the price. Estimates are calculated from the rates, minimums, multipliers, and other settings you enter. You are responsible for keeping them accurate and current. We are not responsible for estimates that reflect inaccurate or outdated settings.

5.4 Not professional or safety advice. Estimates, condition notes, and hazard flags are not an arborist report, a safety inspection, or professional advice, and you should not rely on them as such.

5.5 The standard notice and your own disclaimer. Every branded web app always shows that the estimate is a ballpark, not a quote. You may add your own short disclaimer, which shows under that line, as described in Section 11.2. You may not remove or contradict the standard notice.

Back to contents

6. Your account and how we contact you

6.1 You are responsible for everything that happens under your account and for keeping your account links, login details, and billing email secure. Tell us right away at hello@treesnap.cloud if you think someone has used your account without permission.

6.2 You are responsible for anyone you give access to your account and for their compliance with these Terms.

6.3 We contact you by email about your account, billing, leads, and the Service. These are service messages, and you can't opt out of them while you have an account.

Back to contents

7. Plans, free trial, fees, and automatic renewal

7.1 Plans. We currently offer these monthly plans:

Each plan's features and limits are also shown on our pricing page and in your order summary at checkout. If your order summary differs from this table, your order summary controls for your plan. Prices are in U.S. dollars and do not include taxes (see Section 7.9).

7.2 Card required, $0 at checkout. To start, you must add a valid payment card at checkout. We charge $0 that day.

7.3 14-day free trial. Your subscription starts with a 14-day free trial that begins when you complete checkout. Checkout shows the exact date your trial ends. You may cancel at any time during the trial and you will not be charged anything.

7.4 First charge on day 15. Unless you cancel before your trial ends, on day 15 we will automatically charge your card a one-time setup fee of $49 plus your first month's plan price (for example, $128 for Starter, $178 for Pro, or $228 for Pro+, plus any applicable tax). The setup fee is the same on every plan and is charged only once. Before you start your trial, checkout shows you the exact date and total amount of this first charge.

7.5 AUTOMATIC MONTHLY RENEWAL. YOUR PLAN IS A CONTINUOUS MONTHLY SUBSCRIPTION. AFTER YOUR FIRST CHARGE, IT RENEWS AUTOMATICALLY EVERY MONTH, AND WE WILL CHARGE YOUR CARD THE THEN-CURRENT MONTHLY PRICE OF YOUR PLAN, PLUS APPLICABLE TAXES, ON THE SAME DAY EACH MONTH (YOUR "RENEWAL DATE") UNTIL YOU CANCEL. You can cancel at any time, online, as described in Section 10. By starting your trial, you authorize us and our payment processor, Stripe, to charge your card for the setup fee, your first month, every monthly renewal, any upgrade you confirm, and applicable taxes.

7.6 Confirmation and reminders. Right after you start your trial, we email you a confirmation of these billing terms, including your first charge date and amount, your monthly price, and how to cancel. We email you a reminder at least 7 days before your first charge. We also email you a renewal reminder before your subscription renews past its first 12 months, and once a year after that.

7.7 Promotions. Any promotional terms presented to you in writing apply to the extent they differ from these Terms. Otherwise, these Terms apply.

7.8 Upgrades and downgrades.

• (a) Upgrades. You may upgrade at any time. An upgrade, including one made with "Release now" under Section 8, takes effect immediately. We charge your card the prorated difference between your old and new plan prices for the rest of your current billing period right away, when you confirm. It is not added to your next invoice. You'll see the amount before you confirm. Upgrade charges are not refundable. There are no upgrade fees. Your next renewal is then charged at the new plan's price. If you upgrade during your free trial, nothing is charged that day, and your first charge on day 15 is the $49 setup fee plus the new plan's monthly price.
• (b) Downgrades. A downgrade takes effect at your next renewal date. You keep your current plan until then, and there is no partial refund or credit for the current period.

7.9 Taxes. Prices do not include sales, use, or similar taxes. You are responsible for any taxes that apply to your purchase, and we will add them to your invoice where we are required to collect them.

7.10 Price changes. We may change plan prices or fees. We will email you notice of any price increase at least 21 days and no more than 30 days before it takes effect, with the new price, the date it starts, and how to cancel. The new price applies starting with your first renewal on or after that date. If you don't want to pay the new price, you can cancel before it takes effect.

7.11 Payment processing. Payments are processed by Stripe. We don't receive or store your full card number. Your use of Stripe's payment services is also subject to Stripe's terms. You authorize us to use updated card information provided by your card issuer or Stripe.

7.12 Billing disputes. If you think you were charged in error, email hello@treesnap.cloud within 60 days of the charge so we can look into it. This doesn't limit any rights you have under law or with your card issuer.

Back to contents

8. Monthly estimate limits and held leads

8.1 Limits. Starter and Pro include a set number of estimates (leads) each month, as shown in Section 7.1 and in your order summary. Pro+ has no monthly cap. Unused estimates do not roll over.

8.2 What happens at the limit. When your account reaches its monthly limit, new requests from homeowners are held and not yet delivered to you. The homeowner is told that their request is in and that you will contact them. We email you that requests are being held. That notice shows only the requested service and town, not the homeowner's contact details.

8.3 Getting held leads. Held leads are delivered to you when any of these happens:

• (a) you upgrade to a plan with a higher limit;
• (b) you tap "Release now," which upgrades you to the next plan, immediately charges the prorated difference under Section 7.8(a) (you see the new plan and the amount before you confirm), and releases your held leads once that payment goes through (or right away, with nothing charged that day, during your free trial); or
• (c) your monthly estimate count resets, at which point held leads are released automatically and count toward the new month's limit.

8.4 Your responsibility to follow up. Held leads may be delivered days after the homeowner submitted them. You are responsible for deciding whether and how to contact a homeowner after a delay. We are not responsible for business lost because a lead was held.

8.5 If your account ends. If your subscription ends or your account closes while leads are held, we deliver the held leads to your account email when it ends, so homeowners who are waiting can still hear from you.

Back to contents

9. Failed payments, grace period, pausing, and closure

9.1 Grace period. If a charge fails, your Service continues through the end of the period you've already paid for (for your first charge, the end of your free trial), plus a 5-day grace period. During that time, Stripe may retry your card, and we email you a link to update it.

9.2 Pause. If payment still hasn't gone through when the grace period ends, your branded web app pauses. While paused, homeowners who visit your branded web app see a message that you are not taking online requests right now, and no new requests are collected.

9.3 Nothing is deleted while paused. Pausing does not delete your account, settings, leads, or held leads. When you update your card and the payment goes through, your branded web app turns back on.

9.4 Closure after 30 days paused. If your branded web app stays paused for 30 days, your subscription is canceled and your account closes. Before that happens, we email you warnings on day 14 and day 25 of the pause, each with a link to update your card. When your account closes:

• (a) no further charges are made, and we do not try to collect the payment that failed;
• (b) any held leads are delivered to you under Section 8.5; and
• (c) we delete your account data, settings, leads, and estimates within 30 days after closure, except records we must keep for tax, accounting, or legal reasons (such as billing records and acceptance records). If you received a refund under Section 10.4(a), we also keep a minimal record (email, phone number, street address, subdomain, Stripe customer ID, and refund date) only to prevent repeat refunds. Copies in our providers' backups are overwritten on their normal schedule.

Closure is final. A closed account can't be reopened; to use TreeSnap again, sign up as a new shop.

Back to contents

10. Canceling and refunds

10.1 How to cancel. You can cancel at any time, online, without contacting us, in the Stripe customer portal at https://billing.stripe.com/p/login/cNi5kDeBqbZ3ccKe6E3Nm00. Sign in with your billing email. A link to the portal is on your settings page in the app and in every billing email we send. You can also email hello@treesnap.cloud and ask us to cancel, but the portal is the fastest way.

10.2 When cancellation takes effect. When you cancel, automatic renewal stops and you won't be charged again. Except as stated in Section 10.4(a), your Service continues until the end of your current paid period, then ends. We email you a confirmation with the date your Service ends.

10.3 Canceling during the free trial. If you cancel before your trial ends, you will not be charged anything, including the setup fee.

10.4 Refund policy.

• (a) 7-day first-charge refund. If you cancel by 11:59 PM Central Time (America/Chicago) on the 7th day after your first charge (the day-15 charge of the setup fee plus your first month), we refund the first month's plan fee and any tax charged on it. The $49 setup fee and any tax charged on it are non-refundable, and upgrade charges are not refunded. Your Service ends when the refund is issued. This applies only to your first charge, once per business. We treat accounts that share an email address, phone number, street address, subdomain, or Stripe customer account as the same business.
• (b) No other refunds. Except as stated in this Section 10.4, we do not give refunds or credits, including for renewals, partial months, unused estimates, unused time after you cancel or downgrade, upgrade charges, or the setup fee and any tax charged on it, which are never refundable.
• (c) Billing errors. If we charged you in error (for example, after you canceled correctly), we will refund the incorrect charge.
• (d) If we end the Service without cause. If we terminate your account without cause under Section 17.3(b), we will refund any prepaid plan fees for the unused part of your billing period (not the setup fee).
• (e) Rights under law. Nothing in this section limits any refund or other right you have that cannot be waived under applicable law.

10.5 After cancellation. After your Service ends, your branded web app stops taking requests. Your lead and estimate history is kept and then deleted as described in our Privacy Policy. If you received a refund under Section 10.4(a), we also keep a minimal record (email, phone number, street address, subdomain, Stripe customer ID, and refund date) only to prevent repeat refunds. You can ask us to export or delete your data before then.

Back to contents

11. Your responsibilities as a shop

11.1 Your business is yours. You are solely responsible for:

• (a) your prices, rates, minimums, and other settings, and every quote, price, and contract you give a homeowner;
• (b) all tree work and related services you perform or arrange, including safety, quality, property damage, permits, and cleanup;
• (c) having and keeping all licenses, permits, registrations, insurance, and certifications your business needs;
• (d) every statement in your branded web app, including your business name, logo, service area, disclaimer text, and any trust claims you turn on;
• (e) all of your dealings and disputes with homeowners; and
• (f) complying with all laws that apply to your business.

11.2 Trust claims and disclaimers. Your branded web app can show four claims: "Licensed & insured," "Certified arborists," "Lock in your price," and "free on-site visit." Each one is off by default and turns on only when you confirm it is true (at setup, or later in your settings). By turning a claim on, you warrant that it is true, current, and not misleading for your business and every area you serve, and that you can back it up if asked. You agree to turn a claim off right away if it stops being true. In particular:

• (a) turn on "Licensed & insured" only if your business holds every license required where you work and carries current insurance for tree work;
• (b) turn on "Certified arborists" only if at least one certified arborist actually works on your jobs;
• (c) turn on "Lock in your price" only if you keep to the price you confirm with the homeowner on site; and
• (d) turn on "free on-site visit" only if you actually provide a free on-site visit before you set the final price.

We may turn off or remove any claim we believe is inaccurate or misleading, but we have no duty to check your claims.

Every branded web app always shows a standard line saying that the estimate is a ballpark, not a quote. You may add your own short disclaimer, which shows under that line. You may not remove or contradict the standard line, and you are solely responsible for what you write in your own disclaimer.

11.3 Contacting homeowners: calls, texts, and email. TreeSnap does not call or text homeowners. When you call, text, or email a homeowner from a lead, you are the sender, and you are solely responsible for complying with every law that applies to those communications. These include the Telephone Consumer Protection Act and FCC rules, the Telemarketing Sales Rule, the CAN-SPAM Act, federal and state Do-Not-Call rules, and state telemarketing and texting laws, including Texas Business & Commerce Code Chapters 302, 304, and 305 as amended by Texas Senate Bill 140. Among other things, you agree to:

• (a) contact a homeowner only about the request they submitted, unless they have separately agreed to more;
• (b) send marketing texts, or make marketing calls using an autodialer, a prerecorded or artificial voice, or AI voice, only if you have the prior express written consent the law requires; the notice on the estimate form covers contact about the homeowner's request only;
• (c) honor opt-out requests ("STOP," "don't call me") promptly, by any reasonable means the homeowner uses; and
• (d) not sell, rent, or share leads with anyone else, except your own service providers who help you respond to the homeowner.

11.4 Your use of homeowner data. Once a lead is delivered to you, you are responsible for how you use, store, secure, and share it, and for any privacy notice or other obligation you have under privacy laws.

Back to contents

12. Homeowner data and privacy

12.1 Roles. For homeowner lead data collected through your branded web app, you are the business that decides how it is used (the "controller"). TreeSnap acts as your service provider or processor (a "processor"). For your own account and billing information, TreeSnap is the controller. Our Privacy Policy describes these roles in more detail.

12.2 What we do with homeowner data. As your processor, we will:

• (a) process homeowner data only to provide the Service to you (generating estimates, delivering leads, sending emails for you, keeping records of the notice the homeowner saw, and keeping the Service secure and working), to follow your reasonable instructions, and as required by law;
• (b) not sell homeowner data, not use it for our own marketing or advertising, and not share it with other shops;
• (c) not use homeowner photos to train AI models;
• (d) require people who process the data for us to keep it confidential;
• (e) use reasonable security measures appropriate to the data;
• (f) use the sub-processors listed in our Privacy Policy, under written terms that protect the data, and update that list if we change them;
• (g) help you respond to homeowner requests to access, correct, or delete their data, and forward any such request we receive to you;
• (h) notify you without undue delay if we learn of a security breach affecting homeowner data you control; and
• (i) delete homeowner data on the schedule in our Privacy Policy or when you ask us to, unless law requires us to keep it.

12.3 What you agree to. You agree that you have the right to receive and use the homeowner data delivered to you, that you will use it only to respond to the homeowner's request (or as the homeowner otherwise agreed), and that you will comply with privacy laws that apply to you. You authorize us to process homeowner data as described in this Section and our Privacy Policy, including through our sub-processors and AI providers.

12.4 De-identified data. We may create aggregated or de-identified data from use of the Service, which cannot reasonably be linked to you or any individual, and use it to operate, secure, and improve the Service, consistent with our Privacy Policy.

12.5 Processor terms. Where a privacy law requires a contract between a controller and its processor, this Section 12 and our Privacy Policy are that contract.

Back to contents

13. Acceptable use

You agree not to, and not to let anyone else:

• (a) use the Service for anything unlawful, deceptive, or fraudulent, including false or misleading advertising or prices;
• (b) upload or display content you don't have the right to use, or that is defamatory, obscene, harassing, discriminatory, or infringes someone else's rights;
• (c) impersonate another business or person, or use a business name, logo, or subdomain you don't have the right to use;
• (d) submit fake estimate requests or leads, or manipulate estimate counts or limits;
• (e) use leads to send spam or to contact people who did not request an estimate from you, or sell or broker leads;
• (f) scrape, copy, reverse engineer, or try to extract the source code, AI prompts, or models behind the Service, except where the law expressly allows it;
• (g) interfere with or disrupt the Service, get around usage limits or security measures, or access another shop's data;
• (h) introduce malware or run automated traffic against the Service that we haven't approved;
• (i) use the Service to build a competing product; or
• (j) resell, sublicense, or provide the Service to anyone else, except to homeowners through your own branded web app.

Back to contents

14. Content, intellectual property, and licenses

14.1 Our property. TreeSnap and its licensors own the Service, including the software, design, estimate methods, AI prompts, text, graphics, and the TreeSnap name and logo. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your business during your subscription, in line with these Terms. We reserve all rights not expressly granted.

14.2 Your content. You keep ownership of the content you give us, including your business name, logos, trademarks, photos, text, rates, and disclaimer text ("Shop Content"). You confirm that you own or have permission to use all Shop Content and that it does not violate anyone's rights or the law.

14.3 License you give us. You grant TreeSnap a non-exclusive, royalty-free license, during your subscription and for the short period after it ends that we need to wind down your account, to host, store, copy, display, format, and transmit your Shop Content only as needed to provide the Service. This includes showing your name and logo in your branded web app and in emails we send for you, and sending your content to our sub-processors and AI providers to produce estimates.

14.4 No publicity. We will never use your business name, logo, or other Shop Content as a customer reference, testimonial, case study, or in any advertising or publicity for TreeSnap.

14.5 Homeowner content. Photos and information homeowners submit are handled as homeowner data under Section 12 and our Privacy Policy.

14.6 AI output. As between you and us, you may use the estimates generated for your leads for your business. Because AI output is generated automatically, similar output may be generated for others, and we make no promise that any output is unique or protectable.

14.7 Feedback. If you send us ideas or suggestions, we may use them without any obligation to you.

14.8 Copyright complaints. If you believe content on the Service infringes your copyright, email hello@treesnap.cloud with the details required by the Digital Millennium Copyright Act.

Back to contents

15. Disclaimers and limitation of liability

15.1 DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE, ALL ESTIMATES, AND ALL OTHER OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT ESTIMATES WILL BE ACCURATE, THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT LEAD EMAILS WILL BE DELIVERED, OR THAT YOU WILL RECEIVE ANY NUMBER OF LEADS OR JOBS.

15.2 NO LIABILITY FOR SHOP WORK OR HOMEOWNER DEALINGS. TREESNAP IS NOT RESPONSIBLE FOR ANY TREE WORK, ANY QUOTE OR PRICE YOU GIVE, ANY CLAIM YOU MAKE, ANY CALL, TEXT, OR EMAIL YOU SEND, OR ANY DISPUTE, INJURY, OR PROPERTY DAMAGE ARISING FROM YOUR DEALINGS WITH HOMEOWNERS.

15.3 EXCLUSION OF CERTAIN DAMAGES. TO THE FULLEST EXTENT ALLOWED BY LAW, TREESNAP WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST JOBS OR LEADS, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

15.4 LIABILITY CAP. TO THE FULLEST EXTENT ALLOWED BY LAW, TREESNAP'S TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TREESNAP IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100.

15.5 WHEN THESE LIMITS APPLY. THE DISCLAIMERS AND LIMITS IN THIS SECTION 15 APPLY TO ALL THEORIES OF LIABILITY, INCLUDING CONTRACT, WARRANTY, STATUTE, AND TORT (INCLUDING TREESNAP'S OWN NEGLIGENCE), AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. They do not limit liability that cannot be limited under applicable law, such as liability for fraud or, where required, gross negligence or willful misconduct. These limits are an essential part of the bargain between us, and our prices reflect them.

Back to contents

16. Your indemnity to TreeSnap

16.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TREESNAP AND ITS OWNER, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, AND ANY GOVERNMENT INVESTIGATIONS OR PENALTIES, AND ALL RELATED LOSSES, DAMAGES, SETTLEMENTS, FINES, COSTS, AND REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO:

• (a) any tree work or other services you perform or arrange, including any injury, death, or property damage;
• (b) your prices, quotes, contracts, and dealings or disputes with homeowners or anyone else;
• (c) any claim in your branded web app, including any trust claim you turn on, and your licenses, permits, certifications, and insurance or lack of them;
• (d) your calls, texts, emails, or other communications with homeowners, including any claim under the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, Texas Business & Commerce Code Chapters 302, 304, or 305, or any other state telemarketing, texting, or Do-Not-Call law;
• (e) your use, storage, sharing, or security of homeowner data after it is delivered to you;
• (f) your Shop Content, including any claim that it infringes someone's rights; or
• (g) your breach of these Terms or violation of law.

16.2 THIS INDEMNITY APPLIES EVEN IF THE CLAIM ALLEGES THAT TREESNAP WAS ALSO NEGLIGENT, EXCEPT TO THE EXTENT A COURT OR ARBITRATOR FINALLY DETERMINES THAT THE LOSS WAS CAUSED BY TREESNAP'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

16.3 We will notify you of a claim we want you to cover, let you control the defense (but you may not settle a claim that requires us to admit fault or pay anything without our written consent), and reasonably cooperate at your expense. We may take part with our own lawyer at our own cost.

Back to contents

17. Suspension and termination

17.1 By you. You may cancel at any time under Section 10.

17.2 Suspension by us. We may suspend your branded web app or account, with notice where practical, if: (a) payment is overdue under Section 9; (b) we reasonably believe you are violating Section 11 or 13 or the law; (c) your use creates a security, legal, or operational risk for us, homeowners, or other shops; or (d) a government authority requires it. We will restore service once the issue is fixed, where appropriate.

17.3 Termination by us. We may terminate these Terms and your account: (a) by notice, if you materially breach these Terms and (if the breach can be fixed) don't fix it within 10 days of our notice, or immediately if you violate Section 13 or the law; or (b) for any other reason, with at least 30 days' notice, in which case we will refund prepaid plan fees for the unused part of your billing period (not the setup fee).

17.4 What happens at the end. When your account ends, your right to use the Service stops, your branded web app stops taking requests, and data is kept and deleted as described in Section 9.4 (for closure after a pause) or in our Privacy Policy. Except for an account closed after a pause under Section 9.4, you remain responsible for any amounts owed for the period before termination. Sections 5, 7.9, 10.4, 11, 12 (for as long as we hold homeowner data), 14.1, 14.4, 14.6, 14.7, 15, 16, 17.4, and 19 through 21 survive.

Back to contents

18. Changes to the Service or these Terms

18.1 Service changes. We may add, change, or remove features. If we make a change that materially reduces the core features of your plan, we will email you notice, and you may cancel.

18.2 Changes to these Terms. We may update these Terms. If a change is material, we will email you at least 30 days before it takes effect (or sooner, if a change is required by law or for security). The "Last updated" date at the top shows when these Terms last changed. If you keep using the Service after a change takes effect, you agree to the updated Terms. If you don't agree, you can cancel before the change takes effect.

18.3 Limits on changes. Price changes are handled under Section 7.10. A change to Section 19 (Dispute resolution) will not apply to any dispute that arose, or that either of us had notice of, before the change took effect, and will not apply if you opted out of arbitration.

Back to contents

19. Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS HOW DISPUTES ARE RESOLVED, INCLUDING YOUR RIGHT TO GO TO COURT AND TO A JURY TRIAL, AND IT WAIVES CLASS ACTIONS.

19.1 Talk to us first. Before starting any formal proceeding, the party with the dispute must email the other a written notice describing the dispute and the relief requested (to us at hello@treesnap.cloud; to you at the email on your account). We'll both try in good faith to resolve it within 30 days after the notice is sent. Neither of us may start an arbitration or court case until that 30-day period ends.

19.2 Small claims. Either of us may bring an individual claim in small claims court instead of arbitration if it qualifies and stays there on an individual basis.

19.3 Agreement to arbitrate. If we can't resolve a dispute informally, any dispute, claim, or controversy arising from or related to these Terms or the Service (including whether this section applies or is enforceable) will be resolved by final and binding individual arbitration, except for (a) small claims under Section 19.2 and (b) claims for injunctive relief to protect intellectual property or to stop unauthorized use of the Service.

19.4 Rules and location. The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, before one arbitrator. The seat of arbitration is Kendall County, Texas. Hearings may be held by video or phone, and either party may ask the arbitrator to decide the case on written submissions. Filing, administrative, and arbitrator fees are paid as the AAA Commercial Arbitration Rules provide. Each party pays its own attorneys' fees unless the arbitrator awards fees under applicable law. Judgment on the award may be entered in any court with jurisdiction.

19.5 Federal Arbitration Act. These Terms involve interstate commerce, and the Federal Arbitration Act governs this agreement to arbitrate.

19.6 Mass arbitration. If 25 or more demands for arbitration that raise substantially similar claims are filed against TreeSnap by or with the help of the same or coordinated lawyers or organizations, the demands will be handled in batches of up to 25, with one arbitrator per batch where possible. The AAA's Mass Arbitration Supplementary Rules (or the AAA's successor rules for mass filings) also apply. Only one batch may proceed at a time, and the next batch starts after the prior one is decided or resolved, unless the parties agree otherwise. Any statute of limitations is paused for a demand while it waits for its batch. This provision is part of the agreement to arbitrate, and a court, not an arbitrator, decides any dispute about whether it applies.

19.7 CLASS ACTION WAIVER. YOU AND TREESNAP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Except as stated in Section 19.6, the arbitrator may not consolidate claims of more than one party or preside over any class or representative proceeding. If this class action waiver is found unenforceable for a claim, that claim must be decided in court under Section 20, not in arbitration.

19.8 JURY TRIAL WAIVER. TO THE EXTENT ANY CLAIM GOES TO COURT, YOU AND TREESNAP EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY.

19.9 30-day right to opt out. You may opt out of arbitration (Sections 19.3 to 19.6) by emailing hello@treesnap.cloud within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name, business name, and account email. Opting out doesn't affect any other part of these Terms, including the class action and jury waivers to the extent the law allows.

19.10 Time limit. To the extent allowed by law, any claim must be brought within two years after it arises, or it is permanently barred.

19.11 Severability. If any part of this Section 19 is found unenforceable, the rest of it still applies, except as stated in Section 19.7.

Back to contents

20. Governing law and venue

20.1 These Terms are governed by the laws of the State of Texas and applicable U.S. federal law, without regard to conflict-of-law rules.

20.2 Subject to Section 19, any claim that goes to court must be brought only in the state or federal courts for Kendall County, Texas, and both of us consent to the exclusive jurisdiction and venue of those courts.

Back to contents

21. General terms

21.1 Electronic communications. You agree that we can give you notices, disclosures, and agreements electronically, including by email and on the Service, and that they satisfy any requirement that they be in writing. Notices to you are effective when sent to the email on your account. Notices to us must be sent to hello@treesnap.cloud, with a copy by mail to the address in Section 1 for any notice of a legal claim.

21.2 Entire agreement. These Terms, the Privacy Policy, and the order summary shown to you at checkout are the entire agreement between us about the Service. If your order summary conflicts with these Terms on your plan's price, trial, or fees, the order summary controls for your plan.

21.3 Assignment. You may not transfer these Terms without our written consent. We may transfer them in connection with a merger, acquisition, reorganization (including forming a company to operate TreeSnap), or sale of assets, or to an affiliate. We will email you if we do.

21.4 Independent parties. We are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.

21.5 Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of hosting, AI, email, or payment providers, internet failures, natural disasters, and government action.

21.6 Third-party services. The Service relies on third parties such as Stripe, our hosting providers, our database provider, our AI provider, and our email delivery provider. We are not responsible for third-party services we don't control.

21.7 Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect, and the unenforceable part will be enforced as far as allowed. Our failure to enforce a provision is not a waiver of it.

21.8 No third-party beneficiaries. These Terms do not give any rights to anyone other than you and TreeSnap, including homeowners, except as stated in Section 16 for TreeSnap's owner, employees, contractors, and agents.

21.9 Headings and summary. Headings and the summary box are for convenience only and don't change the meaning of these Terms. "Including" means "including without limitation."

Back to contents

22. Contact us

Winegarden, doing business as TreeSnap 215 West Bandera Road, Suite 114-1021, Boerne, TX 78006 hello@treesnap.cloud

Back to contents

Appendix A: Branded Web App Terms for Homeowners

These short terms apply if you use a tree company's branded web app hosted by TreeSnap.

A1. Who you're dealing with. The branded web app belongs to the tree company named on it (the "tree company"). TreeSnap only provides the software. TreeSnap does not do tree work, doesn't set prices, and isn't part of any agreement between you and the tree company.

A2. Your estimate is a ballpark. Your estimate is generated automatically by AI from your photos and the tree company's rates. It is a rough range only, not a binding quote or offer. The tree company sets the final price after it looks at the job. The estimate, including any notes about tree condition or hazards, is not a safety inspection or professional advice. If a tree looks like an immediate danger to people, power lines, or property, keep clear and contact the tree company, your utility, or emergency services right away.

A3. What happens to your information. When you submit the form, your name, phone number, email, ZIP code, photos, the service you chose, and your estimate are sent to the tree company so it can contact you about your request. Photos are processed by an AI provider to generate your estimate. We also keep a record of the notice shown on the form and when you submitted it. How TreeSnap handles your information is explained in our Privacy Policy. After the tree company receives your information, its own privacy practices apply.

A4. Who contacts you, and how. By submitting, you agree that the tree company may contact you by phone, text, or email at the number and email you provided, about your request, as described in the notice on the form. TreeSnap itself only emails you (for example, your estimate or a confirmation that your request is in). TreeSnap never calls or texts you. To stop contact from the tree company, tell the tree company, including by replying STOP to its texts.

A5. What you agree not to do. Only submit your own information, and photos you took or have the right to share, of property you own or have permission to request work on. Don't submit false requests or other people's contact details, or upload content that's unlawful or that shows people without their permission.

A6. No warranties; limited liability. The branded web app is provided "as is." To the fullest extent allowed by law, TreeSnap is not responsible for any estimate's accuracy, for the tree company's work, prices, claims, calls, texts, or conduct, or for any dispute between you and the tree company. Any claim about tree work or pricing is between you and the tree company. Nothing in these terms limits rights you have under consumer protection laws that can't be waived.

A7. Questions. To correct or delete your information, contact the tree company directly, or email hello@treesnap.cloud and we'll pass your request along.

Back to contents