Version 1.0 | Effective: January 30, 2026 | Tree Commando Inc., a Tennessee Corporation
This Service Agreement ("Agreement") is a legally binding contract between you ("Operator," "you," or "your") and Tree Commando Inc., a Tennessee Corporation ("Tree Commando," "Company," "we," "us," or "our"). By clicking "I Agree," creating an account, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1.1 "Service" means the Tree Commando remote quoting platform, including but not limited to: customer intake forms, quote generation, operator dashboard, and related tools. 1.2 "Quote" means an estimate for tree work generated by the Service based on customer-submitted photographs, videos, measurements, and other information. 1.3 "Customer" means any end user who submits information through an Operator's intake link for the purpose of receiving a Quote. 1.4 "Feedback" means the actual job outcome data submitted by Operator after completing tree work, including actual price charged and variance notes. 1.5 "Credit" means the monetary credit earned by Operator for submitting qualifying Feedback, applied to future Quote purchases.
2.1 Nature of Service. Tree Commando provides remote quoting for tree service businesses. The Service analyzes customer-submitted photographs, videos, and property information using our patent-pending learning system to generate estimates for tree work. 2.2 Estimates Only. All Quotes generated by the Service are estimates only. Quotes are not: engineering assessments; arborist evaluations or certifications; guarantees of actual job cost; substitutes for on-site professional inspection; or licensed professional services of any kind. 2.3 System-Generated Content. Quotes are generated by our proprietary system which provides computational processing at scale for methodologies developed by industry professionals. Quotes are not reviewed by licensed arborists, engineers, or other professionals prior to delivery. 2.4 No Professional Services. Tree Commando does not provide arborist services, engineering assessments, utility locating services, permit applications, or any licensed professional services. Operator is solely responsible for all professional assessments, permits, utility locates (call 811), and safety determinations required for any job.
3.1 Free Registration and Access. Registration, account access, and use of the custom intake URL are provided free of charge. There is no monthly subscription or retainer fee. 3.2 Quote Pricing. Quotes are priced per submission as follows: First tree: Fifteen Dollars ($15.00); each additional tree: Four Dollars and Fifty Cents ($4.50). Maximum seven (7) trees per submission. Examples: 1 tree = $15.00; 2 trees = $19.50; 5 trees = $33.00; 7 trees = $42.00. 3.3 Payment Processing Fees. Payment processing fees are passed through to Operator at cost based on payment method: Card payments (credit or debit): 2.9% + $0.30; ACH bank transfer: 0.8%. Operator acknowledges that payment processing fees are disclosed prior to payment confirmation and reflect actual costs charged by the payment processor. 3.4 Sales Tax. Applicable sales tax will be calculated and collected based on Operator's location in accordance with state and local tax laws. 3.5 Feedback Discount Credits. Upon submitting acceptable Feedback for all trees in a job within ninety (90) days of Quote generation, Operator earns discount credits toward the next purchased submission as follows: Five Dollars ($5.00) off the first tree; One Dollar and Fifty Cents ($1.50) off each additional tree. No discount credits are issued unless Feedback is provided for every tree in the job. Credits are non-transferable, have no cash value, expire upon account termination, and are applied automatically to reduce the cost of the next purchased submission. 3.6 Refunds. Quote fees are non-refundable once processing has begun.
4.1 Independent Verification. Operator acknowledges and agrees that: Quotes are starting points for pricing, not final bids; Operator must independently verify all site conditions before bidding or performing work; Operator must conduct their own hazard assessment for every job; Operator must call 811 or appropriate utility locate service before any digging; Operator must obtain all required permits and approvals; Operator must comply with all applicable laws and safety regulations. 4.2 Professional Judgment. Operator represents and warrants that they: hold all licenses required by their jurisdiction to perform tree work; carry adequate insurance for tree service operations; have the professional expertise to evaluate job safety and complexity; will exercise independent professional judgment on every job; will not rely solely on Quotes for pricing or safety decisions. 4.3 Customer Communications. Operator is solely responsible for all communications with Customers, including final pricing, scheduling, and scope of work. Tree Commando is not a party to any agreement between Operator and Customer. 4.4 Accurate Information. Operator agrees to provide accurate information when submitting Feedback, including actual price charged and notes on any variance from the Quote. 4.5 Prohibited Uses. Operator shall not: submit fraudulent or misleading information; attempt to manipulate Quotes through false submissions; share account access with unauthorized parties; reverse engineer or attempt to replicate the Service; use the Service for any unlawful purpose. 4.6 Customer Data Use. Customer information obtained through the Service, including but not limited to names, phone numbers, email addresses, and property addresses, shall be used solely in connection with Operator's own tree service business. Operator shall not sell, license, or transfer customer information obtained through the Service to any third party. Company reserves the right to suspend or terminate any account at its sole discretion for any pattern of use that Company determines to be inconsistent with the intended purpose of the Service.
5.1 Service Ownership. Tree Commando retains all rights, title, and interest in the Service, including all software, algorithms, proprietary learning systems, and related intellectual property. 5.2 Data License. Operator grants Tree Commando a non-exclusive, royalty-free, worldwide license to use, analyze, and learn from: customer-submitted photographs and videos (for system training and improvement); Quote data and Feedback (for system improvement and benchmarking); aggregated and anonymized usage data. 5.3 Feedback Data. Operator acknowledges that Feedback data may be used to improve Quote accuracy for all users and to develop precedent-based pricing models.
6.1 Disclaimer of Warranties. The Service is provided "as is" and "as available." Tree Commando disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 6.2 Limitation of Damages. To the maximum extent permitted by law, Tree Commando's total liability for any claim arising from or related to this Agreement or the Service shall not exceed the total fees paid by Operator to Tree Commando in the three (3) months immediately preceding the claim. 6.3 Exclusion of Consequential Damages. In no event shall Tree Commando be liable for any: indirect, incidental, special, consequential, or punitive damages; lost profits or lost revenue; property damage or personal injury; business interruption; loss of data or goodwill; cost of substitute services; regardless of whether such damages were foreseeable or whether Tree Commando was advised of the possibility of such damages. 6.4 Essential Purpose. The limitations in this Article apply even if any limited remedy fails of its essential purpose. 6.5 Basis of the Bargain. Operator acknowledges that Tree Commando has set its prices and entered into this Agreement in reliance upon the limitations of liability set forth herein, and that the same form an essential basis of the bargain between the parties.
7.1 Operator Indemnification. Operator agrees to indemnify, defend, and hold harmless Tree Commando, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) Operator's use of the Service or Quotes in bidding, pricing, or performing tree work; (b) Operator's failure to independently verify site conditions, hazards, or job complexity; (c) any injury, death, or property damage occurring during or as a result of tree work performed by Operator; (d) Operator's violation of any applicable law, regulation, or permit requirement; (e) Operator's breach of this Agreement; (f) any claim by a Customer or third party related to Operator's services; (g) Operator's negligence, misconduct, or failure to exercise professional judgment. 7.2 Indemnification Procedure. Tree Commando will promptly notify Operator of any claim subject to indemnification and will cooperate in the defense at Operator's expense. Tree Commando reserves the right to participate in the defense with counsel of its choice.
8.1 Informal Resolution. Before initiating formal dispute resolution, the parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for at least thirty (30) days. 8.2 Binding Arbitration. Any dispute, claim, or controversy arising from or relating to this Agreement or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. 8.3 Arbitration Location. Arbitration shall take place in Tennessee, or at another location mutually agreed by the parties. 8.4 Arbitrator Authority. The arbitrator shall have exclusive authority to resolve all disputes, including the scope of the arbitration clause itself. The arbitrator may award any relief that would be available in court. 8.5 Arbitration Costs. Each party shall bear its own attorneys' fees and costs. The parties shall share equally the arbitrator's fees and AAA administrative costs. 8.6 Waiver of Class Actions. Operator agrees that any arbitration or court proceeding shall be conducted only on an individual basis and not as a class action, collective action, or representative action. Operator waives any right to participate in class actions, class arbitrations, or representative actions against Tree Commando. 8.7 Exceptions. Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm pending arbitration.
9.1 Inherent Risks. Operator acknowledges that: tree work is inherently dangerous; remote quoting cannot identify all hazards present at a job site; photographs and videos may not reveal hidden dangers, underground utilities, structural defects, or other conditions; our system has inherent limitations and may produce errors. 9.2 Assumption. Operator expressly assumes all risks associated with: relying on system-generated estimates for business decisions; performing tree work based on remote assessments; conditions, hazards, or factors not visible in customer-submitted media; errors or omissions in Quote generation. 9.3 No Guarantee of Accuracy. Tree Commando does not guarantee the accuracy of any Quote. Quotes may differ materially from actual job requirements and costs.
10.1 Term. This Agreement begins when Operator creates an account and continues until terminated. 10.2 Termination by Operator. Operator may terminate at any time by contacting Tree Commando or through account settings. 10.3 Termination by Tree Commando. Tree Commando may terminate or suspend Operator's access: immediately for violation of this Agreement; immediately for fraudulent or illegal activity; upon thirty (30) days' notice for any other reason. 10.4 Effect of Termination. Upon termination: Operator's access to the Service ceases; unused Credits are forfeited and have no cash value; provisions that by their nature should survive (including limitation of liability, indemnification, and dispute resolution) shall survive.
11.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements and understandings. 11.2 Amendments. Tree Commando may modify this Agreement at any time by posting the revised terms. Continued use of the Service after posting constitutes acceptance. Material changes will be communicated via email with at least thirty (30) days' notice. 11.3 Severability. If any provision is found unenforceable, the remaining provisions shall continue in effect. 11.4 Waiver. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision. 11.5 Assignment. Operator may not assign this Agreement without Tree Commando's prior written consent. Tree Commando may assign this Agreement in connection with a merger, acquisition, or sale of assets. 11.6 Governing Law. This Agreement shall be governed by the laws of the State of Tennessee, without regard to conflict of law principles. 11.7 Notices. Notices to Tree Commando shall be sent to: jharsh@treecommando.com. Notices to Operator shall be sent to the email address on file. 11.8 Independent Contractors. The parties are independent contractors. Nothing in this Agreement creates a partnership, joint venture, agency, or employment relationship.
By accepting this Agreement, Operator acknowledges and agrees that: Operator has read and understands this entire Agreement; Operator understands that Quotes are system-generated estimates only and may differ materially from actual job costs; Operator is a licensed tree service professional with appropriate insurance coverage; Operator will independently verify all site conditions before bidding or performing work; Operator will exercise their own professional judgment and not rely solely on Quotes; Operator understands that they are waiving the right to participate in class actions against Tree Commando; Operator agrees to binding arbitration for dispute resolution; Operator has had the opportunity to consult with legal counsel before accepting this Agreement.
Tree Commando Inc. | jharsh@treecommando.com | 740.837.1000