TERMS OF SERVICE

PLEASE READ AND ACKNOWLEDGE THESE TERMS

End-User License Agreement (EULA) for Tree Savages1. Effective Dates:This End User License Agreement (EULA) will be effective from the date of sign up by the Client and will remain in effect until terminated. After the initial term, the Client may terminate the agreement at any time afterwards with 30 days written notice to Tree Savages LLC. Billing will continue for said 30 day period.2. Automatic Renewal:At the end of the Initial Term (6 months from signing date), this Agreement will automatically renew on a monthly basis (or otherwise outlined terms) at the current Continued Support Service Fee rate unless the Client terminates the Agreement in writing with 30 days prior notice of non-renewal.3.
Service Provider's Right to Terminate:Service Provider reserves the right to terminate this Agreement and license/use rights at any time for any actual or threatened violation of these Terms, any dishonest or unethical business practice, fraud, malfeasance, intellectual property infringement, criminal activity, general or sexual harassment, violation of law, harm to Service Provider's reputation, violation of Service Provider's rights or any other contract rights, violation of third-party or affiliate rights, or if Client is acting in competition with Service Provider's products or services.Upon termination of Services and license/use rights, Client must discontinue all use of Program Materials, Trade Secrets, and Intellectual Property and any terms or images similar to Service Provider's trademarks or trade dress. All rights and goodwill connected therewith will remain the exclusive property of Service Provider.4. Post-Termination Obligations:Termination of this Agreement will not release either Party from any obligations incurred under the Agreement or unpaid amounts at the time of termination. Client must pay for all Services rendered prior to termination.5. Immediate Termination:This Agreement may also terminate immediately if the Client fails to comply with any term of this EULA agreement. In this case, all licenses granted by this EULA agreement will immediately terminate, and the Client agrees to stop all access and use of the media. The provisions that by their nature continue and survive will survive any termination of this EULA agreement. No refunds will be given upon termination.6. Insurance and Indemnification:Service Provider and Client agree to maintain appropriate insurance coverage during the term of this Agreement. Each party shall indemnify and hold harmless the other party from any claims, liabilities, damages, costs, and expenses, including reasonable legal fees, arising out of or related to any breach of this Agreement or negligent or willful acts or omissions.7. Force Majeure:Neither party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to any cause beyond the reasonable control of the party, including acts of God, war, terrorism, pandemics, power outages, and governmental actions.8. Intellectual Property Rights:Ownership of all intellectual property rights, including but not limited to copyrights and trademarks, developed or provided by the Service Provider under this Agreement shall remain with the Service Provider. The Client is granted a license to use such intellectual property solely for the purpose of receiving the services outlined in this Agreement.9. Confidentiality:Both parties agree to keep confidential all non-public information exchanged during the term of this Agreement, including but not limited to trade secrets, financial information, and proprietary business information.10. Data Protection and Privacy:Both parties agree to comply with all applicable data protection and privacy laws and regulations. The Service Provider shall process any personal data in accordance with a separate Data Processing Agreement if required by applicable law.11. Subcontracting:Service Provider may subcontract certain aspects of the services but shall remain responsible for the performance of the subcontractor. Client agrees not to subcontract any obligations under this Agreement without the prior written consent of the Service Provider.12. Dispute Resolution Mechanisms:Any dispute arising out of or in connection with this Agreement will be resolved through arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.13. Representations and Warranties:Both parties represent and warrant that they have the full authority to enter into and perform their obligations under this Agreement and that their performance will not violate any applicable laws or regulations.14. Compliance with Laws:Both parties shall comply with all applicable laws, regulations, and industry standards in the provision and receipt of services under this Agreement.15. Modification of Agreement:No modification or amendment of this Agreement shall be valid unless in writing and signed by both parties.16. Liability Limitation:In no event shall either party be liable to the other for any consequential, incidental, indirect, special, or punitive damages, even if advised of the possibility of such damages.17. Customer Support and Communication Channels:The parties shall maintain open and effective communication channels for the duration of this Agreement. Any concerns or questions shall be addressed promptly.18. Accessibility of Documentation:Both parties shall have access to this Agreement and any related documentation throughout the term of the agreement.19. Non-Solicitation Clause:During the term of this Agreement and for a period of 1 year after its termination, neither party shall solicit employees or clients of the other party.20. Non-Compete Clause:The Client agrees not to engage in any business activities that directly compete with the products or services offered by the Service Provider during the term of this Agreement and for a period of
1
after its termination.21. Relationship:Service Provider and its personnel are independent contractors and not employees of the Client. Neither Party can act as an agent for the other or create obligations or liabilities on their behalf.22. Right of Publicity Release:Service Provider may record and use Client's image, voice, and likeness to advertise their services without compensation or accreditation. Client acknowledges and agrees to this use.23. Governing Law:This EULA agreement will be governed by and construed in accordance with the laws of Minnesota, United States. Any dispute arising from this agreement will be brought to court in Saint Louis County, located in the city of Duluth.24. Severability:If any provision of this agreement is deemed illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.25. Notices:All required notices must be in writing and received by the receiving Party through hand delivery, registered mail, certified mail with return receipt, overnight mail, or email. The receiving Party must acknowledge receipt and address the notice to the client address or any other address specified by the Party.

Performance Assurance Guarantee:

At Tree Savages, our commitment is to elevate your tree business, ensuring a robust return on your investment (ROI). Our services are crafted not only to enhance immediate results but also to foster the long term success of your business.Our Commitment:
We pledge utmost diligence to deliver measurable results, positively impacting your bottom line and creating sustained growth for your tree business.Key Metrics:

Monthly Revenue:30-Day Running Total:Your 30-day revenue running total, the first and easiest metric we track, provides a clear snapshot of your monthly earnings and serves as a foundational indicator of our collective success.Customer Acquisition Cost (CAC):We strive to optimize your CAC, ensuring efficient acquisition costs aligned with your business goals. Ultimately, the more we help lower your customer acquistition costs, the more potential customers you can reach for your defined budget.Customer Lifetime Value (CLV):Maximizing Customer Lifetime Value (CLV) is a strategic cornerstone that goes beyond individual transactions; it's about unlocking the full economic potential of each customer relationship. By focusing on CLV, your business is positioned to make more money per customer, directly impacting your bottom line in several impactful ways.

​Measurable Results:Our goal is to achieve tangible outcomes, including:

Increasing Your Monthly Revenue.Efficient reduction of CAC.Significant improvement in CLV.Increased customer retention and loyalty.Enhanced overall profitability.

Performance Metrics:

More Deals:Our strategies aim to enhance your deal-closing capabilities helping you lock in more deals in person.Healthier Profit Margins:We work towards enhancing the profitability of each transaction ensuring that you're serving every client to the highest possible standard.Better Predictability:Our services contribute to creating a more stable and predictable business environment. This allows you to alleviate any headaches from potential mismanagement.

Performance Assurance Guarantee:
If, despite your every effort to perform in the program, you do not experience measurable improvements in CAC, CLV, and your 30-day revenue running total within the agreed-upon timeframe, our services will be provided free of charge until we successfully help you achieve the desired results.Our Promise:We are dedicated to your success and confident in the value our services bring to your tree business. This guarantee reflects our commitment to ensuring your satisfaction and the tangible benefits you derive from our partnership.