Terms of Service

To use our Services, you must (a) be at least 18 years of age, (b) reside in a jurisdiction where the Services are lawfully available, and (c) agree to comply with these Terms. By accessing or using the Services, you confirm that you meet all of these requirements. If you use the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Your continued use of the Services constitutes your acceptance of these Terms and any future updates.

Arbor Collective provides professional and creative services, including but not limited to product strategy, software design and development, branding, and related consulting (collectively, the “Services”). The specific scope of work, deliverables, and timelines will be defined in a separate written agreement, proposal, or statement of work (“SOW”) between you and Arbor Collective.

Fees. You agree to pay the fees specified in your applicable SOW, invoice, or written agreement with Arbor Collective. All fees are due in accordance with the payment terms specified therein. Unless otherwise stated, all fees are non-refundable and quoted in U.S. dollars.

Late Payments. Any overdue payments may incur interest at 1.5% per month (or the maximum amount allowed by law), plus collection costs and attorney’s fees if necessary to collect unpaid amounts.

Taxes. You are responsible for any applicable sales, use, or other taxes resulting from your purchase of Services, excluding taxes based on Arbor Collective’s net income.

Ownership. Except as otherwise agreed in writing, Arbor Collective retains ownership of all pre-existing materials, tools, methodologies, and intellectual property developed independently of the Services (“Arbor IP”). Upon full payment of all fees, and unless otherwise specified in a SOW, you will own the final deliverables created specifically for you (“Client Deliverables”), excluding any Arbor IP embedded within them. Arbor Collective grants you a perpetual, non-exclusive license to use such Arbor IP solely as integrated into the Deliverables.

Feedback. If you provide any feedback, suggestions, or ideas regarding the Services (“Feedback”), Arbor Collective may freely use and incorporate such Feedback without obligation or compensation to you.

Each party agrees to maintain the confidentiality of any nonpublic information disclosed by the other party that is identified as confidential or that reasonably should be understood to be confidential, including business, financial, technical, and customer information (“Confidential Information”). Neither party may use or disclose the other’s Confidential Information except as necessary to perform its obligations under these Terms or any SOW.

Arbor Collective’s use of any personal data is governed by our Privacy Notice, which is available on our website. By using our Services, you acknowledge that you have read and agree to that Privacy Notice.

• Use the Services for any unlawful, harmful, or fraudulent purpose.
• Infringe on the intellectual property rights of Arbor Collective or any third party.
• Interfere with or disrupt the security or functionality of our Services or website.
• Attempt to gain unauthorized access to any systems or networks.

Arbor Collective reserves the right to suspend or terminate your access to the Services if you violate these Terms or applicable laws.

Our Services may integrate or interact with third-party tools, APIs, or platforms. Any such third-party services are subject to their own terms and privacy policies, and Arbor Collective is not responsible for their performance or actions.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBOR COLLECTIVE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARBOR COLLECTIVE DOES NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ARBOR COLLECTIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE. ARBOR COLLECTIVE’S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO ARBOR COLLECTIVE FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS PRIOR TO THE EVENT CAUSING SUCH LIABILITY.

You agree to indemnify, defend, and hold harmless Arbor Collective, its members, employees, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from your (i) use of the Services, (ii) violation of these Terms, or (iii) infringement of any third-party rights.

Either party may terminate the Services or any SOW upon written notice if the other party materially breaches these Terms and fails to cure such breach within ten (10) days of receiving notice. Upon termination, you will pay for all Services rendered and expenses incurred through the termination date. Sections that by their nature should survive termination (including Sections 4–11 and 13–15) shall survive.

Informal Resolution. Before pursuing legal action, the parties will first attempt to resolve disputes informally by contacting each other at their respective business addresses or emails.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its applicable rules. The arbitration will be conducted in English and may be held remotely by videoconference unless the parties agree otherwise. Either party may bring an individual action in small claims court where jurisdiction permits.

Class Action Waiver. Disputes will be resolved only on an individual basis. Neither party may participate in a class action, class arbitration, private attorney general action, or any other representative proceeding against the other. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim(s).

Governing Law. These Terms are governed by the laws of the United States and, to the extent U.S. state law applies, the laws of the state where you reside (if you are an individual) or the state of your principal place of business (if you are an entity), in each case without regard to conflict of law principles.

Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.

Assignment. You may not assign these Terms without Arbor Collective’s written consent.

Entire Agreement. These Terms, together with any SOW or written agreement, constitute the entire agreement between you and Arbor Collective.

Severability. If any provision of these Terms is held invalid, the remaining provisions shall remain in effect.

Amendments. Arbor Collective may update these Terms from time to time by posting a revised version on our website. Continued use of the Services after any update constitutes acceptance of the revised Terms.

Notices. All notices shall be sent to support@arborcollective.co unless otherwise specified.