Terms of Service

Arborly is job software for tree businesses. You pay monthly after a free 14-day trial, you can cancel any time, and your data stays yours.

Arborly helps you keep records. It doesn't run your business, keep your crew safe or do your accounts. Those stay with you.

These terms are between Arborly ("we", "us") and the business that signs up ("you"). Whoever signs up confirms they're allowed to agree to them for that business.

Arborly is for businesses. Because you're using it for business, the Consumer Guarantees Act 1993 doesn't apply, and sections 9, 12A and 13 of the Fair Trading Act 1986 don't apply either, to the extent the law allows. You agree it's fair and reasonable for both of us to be bound by that.

Arborly is a web app for arborists and tree businesses: booking jobs, sending them to your crew's phones, hazard sign-on, hours, photos, quotes and invoices, and sending invoices to Xero if you connect it.

It runs in a browser on phones, tablets and computers. You need an internet connection and a reasonably up-to-date device and browser.

Give us accurate details and keep them up to date. Keep your login to yourself and tell us straight away if you think someone else has it.

You can add crew logins. You're responsible for who you give access to and everything done under your account, including by your crew.

You must be at least 16 to use Arborly, and 18 to sign up a business.

New accounts get 14 days free, no card needed. When the trial ends, the app goes read-only until you pick a plan: you can still see everything, but you can't change anything.

Plans are billed monthly in advance, in New Zealand dollars, through Stripe. Prices are on our website and at checkout, and include GST where it applies.

Cancel any time from Settings. You keep access until the end of the month you've paid for, and you won't be charged again.

We don't refund part-months or unused time once a month has been billed. See our Refund and Cancellation Policy.

We'll give you at least 30 days' notice before a price goes up. If a payment fails, we'll let you know and the app may go read-only until it's sorted.

Use Arborly for your own tree business, lawfully, and within your plan's limits. Our Acceptable Use Policy sets out the detail and is part of these terms.

We own Arborly: the software, design, name, logo and everything we build. Your subscription gives you a right to use it while you're subscribed. It doesn't transfer any ownership to you.

You own your data: jobs, clients, quotes, invoices, crew records, photos and documents. You give us permission to store, process and display it only so we can run Arborly for you.

If you send us ideas or feedback, we can use them to improve Arborly without owing you anything for them.

We store your data with established providers, encrypted in transit and at rest, and each business can only ever see its own. Our Privacy Policy explains what we collect, where it's kept and who helps us run the service.

You can download all of your data from Settings at any time. If you close your account, you have 30 days to change your mind, then it's permanently deleted.

When you enter your clients' and crew's details, you're the one collecting them. You're responsible for having the right to store them, telling people how you use their information, and having permission to photograph clients' property.

Arborly's health and safety features (hazard lists, crew sign-ons, H&S documents) are a record-keeping tool. They log what was shown and who signed, and when. That's all they do.

• Arborly is not a health and safety system, a risk assessment, a safety plan or training, and it doesn't replace any of them.
• It doesn't check the site, the trees, the gear, the weather, or anyone's training, fitness or competence.
• It can't stop unsafe work. A signed sign-on doesn't mean the work was safe, or that anyone understood the hazards.

Your business is the PCBU (person conducting a business or undertaking) under the Health and Safety at Work Act 2015. You alone are responsible for site safety, identifying and managing risks, crew training and supervision, safe equipment, incident notification to WorkSafe, and every other duty the Act puts on you. Using Arborly doesn't transfer any of that to us, share it with us, or reduce it.

If something on site isn't right, stop the job. Don't rely on the app to catch it.

If you connect Xero, you're responsible for checking what goes across. We send what you've entered; we don't check it's right, and we're not responsible for your accounts, tax or GST.

Payments go through Stripe. We never see or store your card details. Arborly isn't a financial services provider, and nothing in the app is financial, tax or legal advice.

Those services have their own terms, and they apply when you use them through Arborly.

We work hard to keep Arborly running, accurate and backed up, but it's provided "as is" and "as available". We don't promise it will always be available, error-free, or never lose data. Keep your own copies of anything critical: Download my data in Settings is there for that.

We keep improving the app, which sometimes means changing or removing features. If we remove something you rely on, we'll give you notice.

You're responsible for how you run your business and how you and your crew use Arborly. To the extent the law allows, we're not liable for:

• your business decisions, or anything you do or don't do based on what's in the app;
• your compliance with any law, including health and safety, employment, privacy, tax and GST;
• injury, death or property damage on your jobs;
• lost profits, revenue, jobs, customers, data or goodwill, or any indirect or consequential loss;
• outages, delays or errors, including in services we rely on like Stripe, Xero, our hosting and email providers.

Otherwise, our total liability to you for anything to do with Arborly is limited to what you've paid us in the 12 months before the problem arose.

Nothing in these terms limits anything the law says can't be limited.

You'll cover us for any loss, cost or claim (including reasonable legal costs) that comes from how you or your crew use Arborly, the data you put in it, a breach of these terms, or a breach of any law by you, including health and safety claims arising from your work.

You can close your account any time from Settings.

We can close it with 30 days' notice, or straight away if you seriously breach these terms or don't pay. Either way, you'll get a chance to download your data first, unless the law or someone's safety says otherwise.

The parts of these terms that are meant to last (who owns what, limits on liability, your indemnity, the law) keep applying after your account closes.

Talk to us first: email support@arborly.co.nz and we'll try to sort it within 20 working days. Most things can be fixed with a phone call.

If that doesn't work, either of us can suggest mediation in New Zealand before going to court, with the cost split evenly. Nothing stops either of us seeking urgent relief from a court.

We may update these terms. We'll change the date at the top and, for anything significant, tell you by email or in the app at least 14 days before it takes effect. If you keep using Arborly after that, you're agreeing to the new terms. If you don't agree, you can download your data and close your account.

These terms are governed by New Zealand law, and New Zealand courts have exclusive jurisdiction.

If any part of these terms can't be enforced, the rest still applies. If we don't enforce something straight away, we haven't given up the right to.