Terms of Service

These terms govern your use of ArbGen, a web application that helps consulting arborists prepare arboricultural reports. ArbGen is operated by [LEGAL ENTITY NAME] (ABN [ABN]), of [REGISTERED ADDRESS] (“we”, “us”). By creating an account you agree to them.

1. What ArbGen is, and what it is not

ArbGen automates the repetitive parts of preparing an arboricultural report: it organises tree data you collect, performs standard calculations, draws maps, and assembles a draft document from your inputs.

ArbGen does not provide arboricultural advice and does not replace your professional judgement. Every document ArbGen produces is a draft for you to review, correct and adopt as your own work. You remain the author of any report you issue, and you remain professionally and legally responsible for its content, for the conclusions it reaches, and for its compliance with any applicable standard, code or planning requirement. You must review a draft in full before issuing it to a client, a council or any other party.

You are responsible for the accuracy and completeness of the data you put into ArbGen, including field measurements, observations and site information. ArbGen's calculations operate on what you give it.

2. Your account

• You must be a person aged 18 or over, and you must give accurate account details.
• Accounts are for a single named user. Do not share your login.
• You are responsible for activity under your account, and for keeping your sign-in credentials secure.
• Sign-in is through Google or Microsoft. If you lose access to that account you may lose access to ArbGen.
• Tell us promptly at [SUPPORT EMAIL] if you believe your account has been used without your authority.

3. Subscriptions, pricing and billing

3.1 Plans

ArbGen is sold as flat access to one or more report pipelines, not by report volume. Current plans and prices are shown on the billing page. Prices are in [AUD or NZD — confirm] and [include / exclude — confirm] GST.

A free account may generate one Preliminary Arboricultural Report at no charge. That entitlement is once per account, not per month.

3.2 Founding price lock

If your account is marked as a founding subscription, the price you signed up at will not increase for as long as your subscription remains continuously active, and your access will be extended to the Arboricultural Impact Assessment and Tree Protection Specification pipelines when those are released, at no additional charge.

The lock ends if your subscription lapses, is cancelled, or is terminated. If you subscribe again afterwards, the price then current applies.

3.3 Payment and renewal

• Subscriptions renew automatically each month or each year until cancelled.
• Payments are processed by Stripe. We do not receive or store your card number.
• If a payment fails we may suspend access until it is resolved.
• You can cancel at any time from the billing page. Cancellation takes effect at the end of the period you have paid for; access continues until then.

3.4 Refunds and price changes

We do not generally refund a period that has already begun, except where the Australian Consumer Law requires it or where we agree otherwise. Nothing in these terms limits your rights under the Australian Consumer Law.

We may change our prices. Except where a founding price lock applies, we will give you at least [30 — confirm] days' notice before a change takes effect for your subscription, and you may cancel before it does.

4. Your data and your reports

You own the data you upload to ArbGen and the reports you generate from it. We claim no ownership of them.

You grant us the limited right to store, process and display that data for the purpose of operating ArbGen and providing the service to you, including creating backups and, where you have asked for support, allowing our staff to look at your project to help.

You are responsible for having the right to upload what you upload, including any site plan, survey, photograph or client information belonging to someone else. Where the data you upload includes personal information about your own clients, you are responsible for handling it lawfully; see our Privacy Policy.

We own ArbGen itself — the software, the report templates, the standard text it assembles, and the design of its outputs. You may use the reports you generate for any professional purpose. You may not resell, sublicense or redistribute ArbGen, or use its templates to build a competing product.

5. Acceptable use

You must not:

• use ArbGen to produce a report you do not intend to review as a qualified professional;
• misrepresent an ArbGen draft as having been independently verified by us;
• attempt to access another user's account, project or data;
• copy, decompile or reverse engineer the service, or scrape it in bulk;
• upload malware, or content that is unlawful or infringes someone else's rights;
• place load on the service that interferes with other users.

6. Third-party data

ArbGen draws on external sources, including planning and cadastral data, aerial and street basemaps, and elevation data. Those sources are maintained by others. We pass them through as supplied and do not warrant that they are accurate, current or complete. You must verify anything material before you rely on it in a report.

7. Availability

We aim to keep ArbGen available but we do not promise uninterrupted service. We may take it down for maintenance, and we may change or remove features. If we make a change that materially reduces what your plan gives you, you may cancel and we will refund the unused part of the period you have paid for.

8. Suspension and termination

You may stop using ArbGen at any time. We may suspend or terminate your account if you breach these terms, if your payment fails and is not resolved, or if we are required to by law. Where it is reasonable to do so we will give you notice first, and a chance to fix the problem.

After termination we will keep your data available for [30 — confirm] days so you can export it, and may then delete it. Export your projects before you cancel if you want to keep them.

9. Liability

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees. Where we are permitted to limit our liability for a failure to comply with a consumer guarantee, our liability is limited to resupplying the service or paying the cost of having it resupplied.

Subject to that, and to the fullest extent the law allows:

• we are not liable for any loss arising from a report you issued without adequately reviewing it;
• we are not liable for indirect or consequential loss, loss of profit, loss of business, or loss of data;
• our total liability to you in any 12-month period is limited to the subscription fees you paid us in that period.

You indemnify us against claims brought by a third party arising from a report you issued or data you uploaded, except to the extent we caused the claim.

10. Changes to these terms

We may update these terms. If a change is material we will tell you by email or in the app at least [14 — confirm] days before it takes effect. Continuing to use ArbGen after that means you accept the updated terms.

11. Governing law

These terms are governed by the laws of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria.

12. Contact

Questions about these terms: [SUPPORT EMAIL].