Terms of Service

1. Acceptance of these Terms

These Terms of Service (the "Terms") form a binding agreement between you ("Customer", "you") and Nordic Social Media AB, a Swedish limited company ("Arbsafe", "we", "us", or "our"), governing your access to and use of the Service. By creating an account, installing the app, accepting these Terms electronically, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" refers both to you and that organisation.

If you do not agree, do not use the Service.

2. Definitions

• Service — the Arbsafe mobile applications, the web admin console at arbsafeapp.com, the related APIs, and any related documentation, updates, and support we make available.
• Customer Content — any data, files, photos, risk assessments, jobs, deviations, certificates, and other material that you or your authorised users submit to or generate within the Service.
• Authorised User — an employee, contractor, or agent of the Customer that the Customer permits to use the Service under the Customer's account.
• Subscription — the paid plan you select giving you access to the Service for a defined term.
• Documentation — the user guides and help articles we publish on the Service.

3. The Service

Arbsafe provides a safety and operations platform for arborists and tree-care crews. It includes:

• a mobile app for field workers to capture timestamped, geotagged risk assessments, log deviations and incidents, and complete assigned jobs;
• a web admin console for dispatchers, foremen, and organisation administrators to plan and assign jobs, review and approve risk assessments, manage team members and certifications, track compliance, and export PDF reports for clients and auditors.

The Service is provided as software-as-a-service. We may update, improve, or modify features at any time. We will give reasonable advance notice for changes that materially reduce core functionality of a paid Subscription.

4. Eligibility & accounts

You must be at least 18 years old and able to enter a binding contract under the law of your jurisdiction. You are responsible for: (a) the accuracy of the information you provide; (b) maintaining the confidentiality of your credentials; (c) all activity that occurs under your account or the accounts of your Authorised Users; and (d) immediately notifying us of any suspected unauthorised use. You may not share a single user account between multiple individuals. Each Authorised User must have their own credentials.

5. Subscriptions, fees & billing

5.1 Plans and fees

Fees are stated on our pricing page or in an order form you accept. Fees are exclusive of VAT and other applicable taxes, which are added at the rate in force on the invoice date.

5.2 Payment

Web Subscriptions are billed in advance through Stripe by the payment method you provide. In-app purchases on iOS or Android are billed through Apple or Google under their respective terms. By providing a payment method, you authorise recurring charges for the Subscription term.

5.3 Renewals

Subscriptions automatically renew for successive terms equal to the initial term unless cancelled before the end of the current term. You can manage and cancel auto-renewal in your account settings or, for in-app purchases, through the relevant app store.

5.4 Refunds

Except where required by mandatory consumer law (e.g. the 14-day right of withdrawal for consumers under the EU Consumer Rights Directive, which you waive once the digital service has been fully performed at your express request) and except where we expressly state otherwise on our pricing page, fees are non-refundable. App-store purchases are subject to the refund rules of Apple or Google.

5.5 Late payment

Unpaid amounts accrue interest under the Swedish Interest Act (Räntelagen 1975:635), and we may suspend the Service after 14 days' written notice of non-payment.

5.6 Price changes

We may change Subscription fees with at least 30 days' advance notice, effective from your next renewal term. If you do not accept the new price, you may cancel before the renewal date.

6. Free trials & beta features

If we offer a free trial, the Service will convert to a paid Subscription at the trial's end unless you cancel. Features identified as "beta", "preview", or "experimental" are provided as-is, may be discontinued at any time, and are excluded from any service level commitments.

7. Safety disclaimer — read carefully

Tree-care work involves serious risks of injury or death, including from falls, falling debris, chainsaws, vehicles, electrical conductors, and weather. The Service is a documentation and operations tool. It is not a substitute for:

• competent, trained, certified, and supervised personnel;
• professional risk assessment by a qualified arborist on site;
• compliance with applicable laws, regulations, and standards — including (where applicable) AFS 2012:1 and other Swedish Work Environment Authority (Arbetsmiljöverket) rules, OSHA, ANSI Z133, EN 17892, and the equivalent regulations of your jurisdiction;
• proper personal protective equipment, inspected rigging hardware, and maintained machinery;
• emergency response planning and aerial-rescue capability.

You are solely responsible for the accuracy and adequacy of the risk assessments, method statements, and operational decisions you make using the Service. We make no representation that any template, prompt, checklist, or output of the Service is sufficient for any particular site, task, or regulatory regime. You agree that we are not a co-employer of, joint controller of work for, or in any supervisory relationship with, your workforce.

8. Customer Content

As between you and us, you retain all rights, title, and interest in and to Customer Content. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Content solely as necessary to provide and improve the Service, to comply with law, and to enforce these Terms. You represent and warrant that you have all rights necessary to submit Customer Content and that it does not infringe third-party rights or violate law.

We may use aggregated, de-identified data derived from Customer Content for analytics, benchmarking, and product development, provided such data does not identify you, your Authorised Users, or any individual.

9. Licence to use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence during the Subscription term to access and use the Service for your internal business purposes in connection with arborist or tree-care work, by your Authorised Users.

10. Acceptable use

You will not, and will not permit any Authorised User to:

• use the Service to violate law, infringe rights, or harass any person;
• reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent that applicable law expressly permits despite this restriction;
• copy, frame, mirror, sell, resell, sublicense, or white-label any part of the Service;
• scrape, crawl, or use unauthorised automated means to access the Service;
• upload viruses, malware, or other malicious code, or interfere with the Service's integrity, performance, or security;
• attempt to bypass usage limits or authentication, or conduct security testing without our prior written consent;
• use the Service to develop a competing product;
• upload Customer Content for which you do not have rights or consents, or that contains special-category personal data beyond what is necessary for occupational health and safety;
• use the Service in life-critical, real-time control, or emergency-dispatch contexts where failure could cause death or serious injury — the Service is documentation and planning software, not a safety-of-life system.

11. Third-party services

The Service may interoperate with third-party products and services (e.g. Stripe, Apple, Google, mapping providers, email providers). Your use of those services is governed by their own terms. We are not responsible for third-party services or their availability.

12. Intellectual property

The Service, including all software, designs, text, graphics, templates, and trademarks, is owned by us or our licensors and is protected by copyright, trademark, and other laws. Except for the limited licence in section 9, no rights are granted to you by implication, estoppel, or otherwise. The Arbsafe name and logo are our trademarks; you may not use them without our prior written consent.

13. Feedback

If you submit suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use, modify, and exploit them without obligation or compensation.

14. Confidentiality

Each party may receive non-public information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, and protect it with at least the same degree of care it uses for its own confidential information (and in any event no less than reasonable care). These obligations survive for three years after disclosure and indefinitely for trade secrets.

15. Privacy & data protection

Our processing of personal data is described in our Privacy Policy. To the extent we process personal data on your behalf as a processor under the GDPR, our Data Processing Agreement (DPA) is incorporated into these Terms by reference and is available on request from herman@nordicsocialmedia.com. You are responsible for ensuring you have a lawful basis to upload personal data of your workers and clients into the Service and for issuing any required notices to data subjects.

16. Suspension & termination

16.1 By you

You may cancel your Subscription at any time effective at the end of the then-current term. No partial refunds for cancellation mid-term except as required by law.

16.2 By us

We may suspend or terminate your access immediately if (a) you materially breach these Terms and fail to cure within 14 days of written notice, (b) you fail to pay fees when due, (c) you become subject to insolvency proceedings, or (d) we reasonably believe your use poses a security risk, exposes us to legal liability, or violates law. We may also terminate for convenience on 60 days' notice with a pro-rata refund of pre-paid unused fees.

16.3 Effect of termination

On termination, your right to use the Service ends. We will make Customer Content available for export for 30 days following termination, after which we may delete it. Sections that by their nature should survive — including 8, 12, 13, 14, 17, 18, 19, 23, and 24 — will survive termination.

17. Disclaimer of warranties

The Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any output will meet your requirements or any regulatory standard. We do not warrant the accuracy, adequacy, or completeness of any risk-assessment template, prompt, checklist, or AI-generated suggestion. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions apply to the maximum extent permitted by law.

18. Limitation of liability

To the maximum extent permitted by applicable law:

• Neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenues, lost goodwill, business interruption, loss of use, or loss or corruption of data, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages and regardless of the form of action.
• Our total cumulative liability arising out of or relating to these Terms or the Service, whether in contract, tort (including negligence), strict liability, or otherwise, will not exceed the greater of (a) the fees you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the liability, or (b) one hundred euros (EUR 100).
• In particular, we are not liable for any personal injury, property damage, environmental damage, regulatory fine, or loss arising from a tree-care operation, decision, risk assessment, or work plan made or executed by you, your Authorised Users, or your contractors, however informed by the Service.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law (such as liability for personal injury caused by gross negligence or wilful misconduct, or fraud). The limitations in this section are an essential basis of the bargain between us.

19. Indemnification

You will defend, indemnify, and hold harmless Arbsafe, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your or any Authorised User's use of the Service in breach of these Terms or applicable law; (b) Customer Content, including any claim that it infringes a third party's rights or violates law; (c) any tree-care work, accident, injury, or regulatory matter relating to operations you carry out whether or not documented in the Service; and (d) your violation of section 7 (Safety disclaimer) or section 10 (Acceptable use). We will give you prompt notice of the claim, reasonable cooperation, and sole control of the defence and settlement (provided no settlement admits liability or imposes obligations on us without our consent).

20. Force majeure

Neither party will be liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, labour disputes, governmental action, internet or power outages, or failure of third-party services.

21. Changes to the Terms

We may modify these Terms from time to time. For material changes, we will give at least 30 days' advance notice by email or in-app notice. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the changes, your sole remedy is to cancel your Subscription before the effective date and stop using the Service.

22. Assignment

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganisation, or sale of substantially all of our assets, or to an affiliate, on notice to you. Any attempted assignment in violation of this section is void.

23. Governing law & dispute resolution

These Terms are governed by the laws of Sweden, without regard to its conflict-of-laws principles, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall be finally settled by the courts of Sweden, with the Stockholm District Court (Stockholms tingsrätt) as the court of first instance, except that we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or Confidential Information.

If you are a consumer resident in the EU, nothing in this section affects mandatory consumer-protection rights you have under the law of your habitual residence, and you may also bring proceedings before the courts of that country.

24. Miscellaneous

• Entire agreement. These Terms (together with the Privacy Policy, any DPA, and any order form) are the entire agreement between the parties and supersede all prior agreements on the subject matter.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect; the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
• Waiver. Our failure to enforce a right is not a waiver of that right.
• No agency. Nothing in these Terms creates any partnership, joint venture, agency, fiduciary, or employment relationship.
• Notices. Notices to us must be sent to the email address in section 25. Notices to you may be sent to the email address on your account or by in-app notice.
• Language. These Terms are provided in English. In case of conflict with any translation, the English text prevails.
• Export controls & sanctions. You represent that you are not located in, and will not use the Service from, a country subject to comprehensive EU/US sanctions, and that you are not on any restricted-party list.

25. Contact

Nordic Social Media AB
Stockholm, Sweden
Email: herman@nordicsocialmedia.com
Web: arbsafeapp.com