TERMS OF SERVICE
Effective Date: July 14, 2025 · Last Updated: August 3, 2026
These Terms of Service ("Terms") are a binding agreement between you ("Customer," "you") and TreeROI, an Oregon limited liability company operating the TreeROI platform ("TreeROI," "we," "us," "our"). By creating an account, accessing, or using TreeROI (the "Services"), you agree to these Terms. If you are agreeing on behalf of a business, you represent you have authority to bind that business.
If you do not agree, do not use the Services.
1. DEFINITIONS
- •"Services" - the TreeROI CRM platform, including web application, booking calendar, SMS/email messaging tools, voice AI calling, automations, and related features.
- •"Customer Data" - data you or your End Customers submit to the Services, including contact lists, job records, messages, call recordings/transcripts, and payment references.
- •"End Customer" - a customer or lead of yours that you manage within TreeROI (e.g., a homeowner requesting tree service).
- •"Customer Content" - text, images, templates, and other material you upload or create within the Services.
- •"Communications Providers" - the third-party providers through whose agency-level accounts certain Services are provisioned, currently Vapi Inc. ("Vapi") and Twilio Inc. ("Twilio").
2. ELIGIBILITY & ACCOUNT REGISTRATION
You must be at least 18 years old and able to form a binding contract to use the Services. You agree to provide accurate registration information and keep it current. You are responsible for all activity under your account and for safeguarding your login credentials. Notify us immediately at support@treeroi.com of any unauthorized access.
3. SUBSCRIPTION, FEES, BILLING & CANCELLATION
3.1 Subscription
TreeROI is offered as a paid subscription, billed on the plan and interval selected at signup. Some early customers may receive complimentary or discounted access at our sole discretion; this does not create an ongoing entitlement to free service.
3.2 Payment Processing
Payments are processed by Stripe. By subscribing, you authorize us (via Stripe) to charge your payment method on a recurring basis. You are responsible for keeping payment information current.
3.3 Price Changes
We may change subscription pricing with at least 30 days' notice before your next billing cycle. Continued use after that date constitutes acceptance.
3.4 Cancellation
You may cancel at any time; cancellation takes effect at the end of the current billing period. No partial-period refunds unless required by law.
3.5 Non-Payment
We may suspend or terminate access for failed or overdue payment after reasonable notice.
4. CUSTOMER DATA & DATA PROCESSING
4.1 Roles
As between you and us, you are the data controller and we are the data processor with respect to End Customer personal data you submit to the Services. You are responsible for having a lawful basis to collect and share that data with us.
4.2 Processing Instructions
We process Customer Data only to provide, maintain, and support the Services, and as otherwise instructed by you or required by law.
4.3 Data Processing Addendum
A Data Processing Addendum ("DPA") is incorporated into these Terms by reference and governs the processing of personal data.
4.4 Security
We maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data, consistent with industry practice.
4.5 Data Export & Deletion
Upon termination, you may export Customer Data for a reasonable period. After that period, we may delete Customer Data from active systems, subject to standard backup retention cycles.
5. SMS & EMAIL COMMUNICATIONS
5.1 You Are the Sender of Record
When you use TreeROI to send SMS, MMS, or email to End Customers, you, not TreeROI, are the sender of record and are solely responsible for: obtaining valid, documented consent (opt-in) from each recipient before messaging them; honoring opt-out requests (e.g., "STOP") immediately and permanently; complying with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA guidelines, and all applicable carrier and messaging regulations; and the content of messages you send, including accuracy and lawfulness.
5.2 Prohibited Content
You may not use the Services to send content prohibited by carrier rules, including but not limited to: Sex, Hate, Alcohol, Firearms, Tobacco ("SHAFT") content, illegal debt collection, deceptive financial offers, or unsolicited marketing to numbers without consent.
5.3 Our Right to Suspend
We may suspend or terminate messaging features, or your account, immediately and without liability, if we reasonably believe you have violated this Section, carrier policies, or applicable law. Suspension for compliance reasons does not entitle you to a refund of the suspended period.
5.4 No Liability for Customer Misuse
We are not responsible for messages sent using your account credentials or Customer Content, and you agree to indemnify us as described in Section 13.
5A. VOICE AI & AGENCY-PROVISIONED COMMUNICATIONS SERVICES
5A.1 Nature of the Service
Certain features (currently: AI voice calling and agency-provisioned SMS/voice) are provided through TreeROI's own agency-level accounts with our Communications Providers, currently Vapi and Twilio. Unlike other third-party integrations described in Section 9, you do not hold your own account with these Communications Providers — TreeROI is the account holder of record and is the party legally responsible to the Communications Provider for account activity.
5A.2 Shared Account Risk
Because TreeROI's agency-level account is shared across all Customers using these features, misuse by any one Customer can result in penalties, rate-limiting, suspension, or termination of TreeROI's entire Communications Provider account, affecting every other Customer. You acknowledge this shared-infrastructure risk and agree to the obligations in this Section 5A in consideration of it.
5A.3 Sender/Caller of Record
As with Section 5.1 above, you remain the sender/caller of record for all calls and messages placed through these features. You are solely responsible for: obtaining and documenting valid consent before contacting any individual; honoring opt-out requests immediately and permanently; complying with the TCPA, CAN-SPAM, CTIA guidelines, and all applicable carrier and telemarketing regulations; any 10DLC brand/campaign registration required for your messaging; and the content and legality of every call, message, or AI-voice-agent script.
5A.4 Prohibited Uses
In addition to Section 6 (Acceptable Use Policy), you may not use these features to: place calls or texts to any number on the National Do Not Call Registry without a valid exemption; conduct debt collection in a manner inconsistent with the Fair Debt Collection Practices Act (FDCPA); use voice cloning or synthetic voice impersonation without the impersonated individual's consent; send political or emergency-category communications without satisfying the specific consent/disclosure rules for that category; or exceed the usage, call-volume, or sender-ID limits assigned to your account.
5A.5 Usage-Based Billing
Access to these features is billed on a usage/token basis as described in your plan. Tokens/credits are non-refundable once consumed and have no cash value; see the Refund Policy. Unused tokens/credits expire as stated in your plan. If your usage exceeds your allotted tokens/credits, we may automatically suspend further usage until additional tokens are purchased, or bill you for the overage at then-current rates, with notice provided in either case.
5A.6 Immediate Suspension
Notwithstanding Section 5.3 or any cure period elsewhere in these Terms, we may immediately suspend your access to these features, without prior notice, where we reasonably believe your use: violates this Section 5A; has triggered or risks triggering a Communications Provider's own suspension, rate-limiting, or penalty against our account; or exposes us or other Customers to legal or regulatory risk. We will use reasonable efforts to notify you of the reason for suspension, but notice may follow rather than precede suspension given the time-sensitive nature of carrier and regulatory risk.
5A.7 No Vetting; Disclaimers
We do not review, approve, or vet the content of calls, messages, or voice-AI scripts before transmission and have no obligation to do so. We make no warranty regarding call/message deliverability, carrier filtering outcomes, or voice-AI transcription/response accuracy.
5A.8 Indemnification
Section 13 (Indemnification) applies in full to your use of these features, and expressly includes any penalty, fine, or account action imposed on us by a Communications Provider as a result of your use.
6. ACCEPTABLE USE POLICY
You agree not to use the Services to:
- •Violate any law or third party's rights
- •Send unsolicited, fraudulent, or deceptive communications
- •Upload malicious code or attempt to breach system security
- •Scrape, resell, or sublicense the Services without our written consent
- •Resell, sublicense, or provide access to agency-provisioned Communications Services (voice AI, agency-level SMS/voice) to any party outside your own organization
- •Store sensitive data types (e.g., health records, government ID numbers, full payment card numbers) unless expressly permitted in writing
We may investigate and take action, including suspension, for suspected violations.
7. CUSTOMER RESPONSIBILITIES & WARRANTIES
You represent and warrant that:
- •You have all rights necessary to submit Customer Content and Customer Data to the Services
- •Your use of the Services complies with applicable law, including consumer protection and messaging/telemarketing laws
- •You will maintain accurate consent records for messaging and provide them to us upon request
8. INTELLECTUAL PROPERTY
8.1 Our IP
TreeROI, its software, design, and underlying technology are owned by TreeROI and protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable license to use the Services during your subscription. No ownership rights are transferred.
8.2 Your Content
You retain ownership of Customer Content and Customer Data. You grant us a limited license to host, process, and display it solely to provide the Services.
8.3 Feedback
If you provide suggestions or feedback, we may use it without obligation to you.
9. THIRD-PARTY SERVICES
The Services integrate with third parties (e.g., Stripe for payments, SMS/email carriers, Google services). Your use of those integrations is subject to the applicable third party's terms. We are not responsible for third-party service failures or policy changes outside our control. Certain Communications Services (currently Vapi and Twilio) are provisioned through our own agency-level accounts rather than your own third-party account; Section 5A above governs those specifically and controls over this Section 9 where the two conflict.
10. CONFIDENTIALITY
Each party agrees to protect the other's non-public business information disclosed in connection with the Services using reasonable care, and to use it only for purposes of this agreement.
11. DISCLAIMERS
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION, OR ANY SPECIFIC BUSINESS RESULTS FROM USING THE SERVICES.
12. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TreeROI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICES. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
Some jurisdictions do not allow these limitations; in that case, they apply to the maximum extent permitted.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TreeROI and its members, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from: (a) your violation of these Terms; (b) your messaging or calling practices, including TCPA, FDCPA, or consent violations; (c) Customer Content; (d) your violation of any law or third-party right; or (e) any penalty, fine, or account action imposed on us by a Communications Provider as a result of your use of the Services.
14. TERM, SUSPENSION & TERMINATION
14.1
These Terms remain in effect while you maintain an active subscription.
14.2
We may suspend or terminate your account for breach of these Terms, non-payment, or conduct that creates legal or security risk to us or others.
14.3
You may terminate by canceling your subscription per Section 3.4.
14.4
Sections that by their nature should survive termination (e.g., Sections 4, 5A, 8, 11, 12, 13, 17) will survive.
15. MODIFICATIONS TO THESE TERMS
We may update these Terms from time to time. Material changes will be notified via email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.
16. GOVERNING LAW & DISPUTE RESOLUTION
These Terms are governed by the laws of the State of Oregon, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Multnomah County, Oregon, and both parties consent to jurisdiction there.
17. GENERAL PROVISIONS
- •Assignment. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.
- •Severability. If any provision is unenforceable, the remaining provisions remain in effect.
- •Entire Agreement. These Terms, along with the Privacy Policy and DPA, are the entire agreement between you and us regarding the Services.
- •No Waiver. Failure to enforce a provision is not a waiver of it.
- •Notices. Legal notices to us should be sent to support@treeroi.com. Notices to you will be sent to your account email.
18. CONTACT
TreeROI
Email: support@treeroi.com
This document is a template draft for internal review and is not a substitute for legal advice. Please have a licensed Oregon attorney review before publishing or relying on these Terms, particularly Sections 4 (data processing), 5 and 5A (SMS/TCPA/voice AI), 12 (liability), 13 (indemnification), and 16 (dispute resolution).