1. Acceptance of Terms
By accessing or using Treefolio ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.
2. Account Registration & Platform Use
To use certain features of Treefolio, you may be required to register for an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Purchased, scraped, or unverified contact lists are strictly prohibited on Treefolio. Any communications dispatched through the platform must strictly target individuals who have affirmatively provided consent directly to your business. Violations of this policy will result in immediate suspension or termination of your account.
3. Telecommunications Warranties & Messaging Compliance
If you utilize messaging, CRM, or lead generation conduits provided by Treefolio, you expressly represent and warrant that:
- Prior Express Consent: All consumer phone numbers and email addresses imported or gathered through the platform were collected with prior express written consent in compliance with the Telephone Consumer Protection Act (TCPA), state telemarketing statutes (such as Florida FTSA, Oklahoma TSA, and Washington CEMA), and the CAN-SPAM Act.
- Cold List Prohibition: You shall not upload, import, or transmit messages to purchased, scraped, rented, or unverified contact lists ("Cold Lists").
- Opt-Out Revocation Compliance: You will promptly honor all opt-out commands (including replies of "STOP", "UNSUBSCRIBE", "CANCEL", "END", or "QUIT") immediately, and will not circumvent automated platform suppression.
- Data Controller Role: You act as the sole Data Controller determining messaging content and recipients, while Treefolio acts strictly as a technological transmission conduit and Data Processor.
4. Merchant Indemnification & Vicarious Liability Shield
You agree to defend, indemnify, and hold harmless Treefolio, its parent, officers, directors, employees, and infrastructure partners from and against any third-party claims, lawsuits, statutory penalties, regulatory enforcement actions, carrier pass-through fines, or legal defense costs (including reasonable attorney fees) arising out of or related to:
- Any message, text, or email dispatched through your tenant account in violation of the TCPA, CAN-SPAM Act, state telemarketing regulations, or carrier policies;
- Any unauthorized upload or use of third-party contact lists;
- Any dispute or service fulfillment issue between your business and your clients or visitors.
5. Intellectual Property & Content
You retain all ownership rights in the content, images, and branding you provide to Treefolio. You grant us a limited license to host, display, and process your content solely to operate and deliver the Service.
6. Disclaimer & Limitation of Liability
The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. To the maximum extent permitted by applicable law, Treefolio and its operators shall not be liable for any indirect, incidental, special, or consequential damages resulting from your use of or inability to use the Service.
7. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of law provisions.