1. This agreement
These terms are between IndustU LLC, a Missouri limited liability company doing business as Tree 360 ("IndustU", "we"), and the company that subscribes to the service ("Customer", "you"). By signing in or by paying an invoice for the service, you accept them.
If you are accepting on behalf of a company, you confirm you are authorised to bind it.
2. The service
Tree 360 is a field-service application for trade companies, provided over the internet. What is included depends on the plan you are on: the tier, the add-ons, and the number of seats. We may improve, change or retire individual features; where a change materially reduces what you are paying for, we will tell you first.
3. Accounts and seats
Each person who signs in needs their own seat. Office seats and crew seats are counted separately and priced separately. Logins must not be shared — beyond the licensing, a shared login breaks the parts of the service that record who did what, which is the part payroll and commission depend on.
You are responsible for your people's use of the service and for keeping sign-in details secret. Tell us promptly if you think an account has been compromised.
If you go over your seat count we will not lock your company out. We will flag it and bill the additional seats.
4. Fees and payment
The subscription is billed monthly in advance unless your order says otherwise. Add-ons, additional seats and set-up fees are billed as agreed. Usage costs that we pay on your behalf — text messages, phone numbers, email volume — are passed through at cost.
Invoices are due on receipt unless stated otherwise. We may suspend the service for accounts that remain unpaid after reasonable notice. Fees already paid are not refundable except where the law requires it or where we have agreed in writing.
We may change prices with 30 days' notice before the change takes effect, and you may cancel before it does.
5. Card payments and the platform fee
If you switch on card payments, you open your own account with Stripe and accept Stripe's terms directly, including the Stripe Connected Account Agreement.
- You are the merchant of record. Your name is on your customer's card statement. The money settles into your bank account on your own payout schedule.
- Refunds, chargebacks and disputes are yours, handled from your own Stripe dashboard. IndustU is not a party to the payment between you and your customer and cannot refund one for you.
- Stripe's processing fees are charged to you by Stripe. Whether you pass them on to your customer is your decision and a setting in the app.
- IndustU takes a platform fee — a percentage of each card payment processed through the service, capped per transaction, at the rate stated in your order. It is deducted at the time of the payment.
Nothing here makes IndustU a payment processor, a money transmitter, or a party to your agreement with your customer.
6. Your data
Your records remain yours. Customer lists, job records, photographs, prices and financial records that you enter belong to you. You grant us only the permission needed to host, process, back up and display them so the service works, and to send the messages and documents you instruct us to send.
We do not sell your data, and we do not use it to train machine-learning models. How we handle personal information is set out in the Privacy Policy.
You are responsible for having the right to hold the information you put in, and for having the consent you need before instructing us to text or email someone.
7. Acceptable use
Do not use the service to break the law, to send messages to people who have not consented or who have opted out, to infringe someone's rights, to attempt to access another company's data, to probe or overload the service, or to resell it without our agreement.
8. Availability and support
We aim to keep the service available at all times but do not promise uninterrupted operation. Planned maintenance will be scheduled outside working hours where we can. Support is provided by email as set out on the Support page.
9. Suspension and termination
You may cancel at any time, effective at the end of the current billing month. We may suspend or end the service for non-payment, for a breach of these terms, or where continuing would expose us or others to legal risk — with notice, except where the risk requires acting immediately.
On termination, you may export your data. Tell us within 30 days and we will provide a copy in a usable format. After that period we may delete it.
10. Warranties and disclaimer
We will provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided "as is" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
Tree 360 helps you run a business; it does not replace your own judgement. It is not legal, tax, accounting, insurance or safety advice, and it is not a substitute for your own records or for professional advice.
11. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special or consequential loss, or for lost profits, lost revenue or lost data, however caused.
Our total liability arising out of or relating to the service is limited to the fees you paid us in the twelve months before the event giving rise to the claim.
Nothing in these terms limits liability that cannot be limited by law.
12. Indemnity
You will defend and indemnify IndustU against claims arising from your use of the service in breach of these terms, from the content you put into it, or from messages sent on your instruction to people who had not consented to receive them.
13. Confidentiality
Each party will protect the other's non-public information with at least reasonable care and use it only to perform this agreement.
14. Changes to these terms
We may update these terms. We will change the date at the top and, for material changes, notify account holders by email at least 30 days before they take effect. Continuing to use the service after that means you accept them.
15. Governing law
These terms are governed by the laws of the State of Missouri, without regard to its conflict of laws rules. The state and federal courts serving Missouri have exclusive jurisdiction, and both parties consent to that venue.
16. General
If any provision is unenforceable, the rest stays in force. A failure to enforce a right is not a waiver of it. You may not assign this agreement without our consent; we may assign it in connection with a sale of the business. These terms, together with your order, are the entire agreement between us on this subject.
17. Contact
IndustU LLC, doing business as Tree 360
support@industu.com