Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Mason Bedford Ltd (trading as Treegarden) ("Treegarden", "we", "us", or "our"), governing your access to and use of the Treegarden applicant tracking system and related services available at app.treegarden.io (the "Platform").

By creating an account, clicking "I agree", or accessing any part of the Platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you are using the Platform on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Description of Service

Treegarden is a Software-as-a-Service (SaaS) Applicant Tracking System (ATS) that enables organisations to:

• Create and manage job postings
• Collect, store, and manage job applications and candidate CVs
• Coordinate interview scheduling and evaluation workflows
• Collaborate among recruiters, HR managers, and hiring managers
• Track candidate pipeline stages via Kanban-style boards
• Manage multi-user access with role-based permissions
• Integrate with third-party tools (Google, Stripe, job boards, and others)

Treegarden reserves the right to modify, suspend, or discontinue any part of the Platform at any time, with reasonable notice to users where practicable. We are not liable to you or any third party for any such modification, suspension, or discontinuation.

3. Eligibility

To use the Platform, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract under applicable law
• Not be prohibited from using the Platform under the laws of the United Kingdom, the European Union, or your country of residence
• Provide accurate and complete registration information

The Platform is intended for professional and business use. It is not a consumer product or public job board for direct job applications.

4. Account Registration and Security

To access the Platform, you must register and create an account. You agree to:

• Provide accurate, current, and complete information and keep it updated
• Maintain the confidentiality of your login credentials
• Not share your account credentials with any third party
• Immediately notify Treegarden of any unauthorised access at [email protected]
• Accept responsibility for all activities that occur under your account

You may register using email/password credentials or via Google OAuth. By using Google OAuth, you also agree to Google's Terms of Service and Privacy Policy.

Treegarden reserves the right to suspend or terminate accounts where security has been compromised or Terms violations have occurred.

5. User Roles and Permissions

The Platform supports the following user roles, each with defined levels of access:

• Company Administrator — Full administrative access including billing, user management, and company settings
• HR Manager — Manage job postings, candidate pipelines, and team collaboration
• Recruiter — Manage assigned job postings and candidates
• Hiring Manager — View candidates and provide evaluations for assigned roles
• Agency User / External Collaborator — Limited access as configured by the Company Administrator

The Company Administrator is responsible for managing user access within their organisation's account and ensuring all users comply with these Terms.

6. Acceptable Use Policy

You agree to use the Platform only for lawful purposes. You must NOT:

• Discriminate against candidates on the basis of race, colour, nationality, ethnic origin, sex, gender, pregnancy, disability, religion, age, sexual orientation, marital status, or any other protected characteristic under applicable law
• Upload, transmit, or store content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable
• Process personal data of candidates without a valid legal basis under GDPR
• Attempt to gain unauthorised access to any part of the Platform, other users' accounts, or Treegarden's systems
• Reverse-engineer, decompile, or disassemble the Platform
• Use the Platform to send unsolicited communications (spam)
• Introduce malware, viruses, or other malicious code into the Platform
• Use automated tools (bots, scrapers) to extract data from the Platform without express written consent
• Impersonate any person or entity or misrepresent your affiliation
• Violate any applicable local, national, or international law or regulation
• Use the Platform for any purpose other than legitimate recruitment and HR management activities

Treegarden reserves the right to investigate any suspected violations and take appropriate action, including immediate account suspension and reporting to law enforcement authorities.

7. Subscription and Payments

7.1 Subscription Plans

Access to the Platform is provided on a subscription basis. Available plans, features, and pricing are published on our website and may be updated periodically. Your subscription plan determines the features and usage limits available to your account.

7.2 Payment Processing

All payments are processed securely via Stripe, Inc. Treegarden does not store your full payment card details. By providing payment information, you also agree to Stripe's Terms of Service and Privacy Policy. You authorise Treegarden to charge the applicable subscription fees to your payment method on a recurring basis.

7.3 Billing Cycle and Renewal

Subscriptions are billed in advance on a monthly or annual basis, as selected at the time of purchase. Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

7.4 Price Changes

Treegarden will provide at least 30 days' notice of any price increase. Continued use of the Platform after the price change takes effect constitutes acceptance of the new pricing.

7.5 Refunds

Subscription fees are generally non-refundable except where required by applicable UK consumer protection law or as otherwise agreed in writing. For billing errors, contact [email protected] within 30 days.

7.6 Taxes

All fees are exclusive of applicable taxes. Where UK VAT or other applicable taxes are due, they will be added to the subscription fee. You are responsible for all taxes applicable to your use of the Platform.

7.7 Non-Payment and Suspension

If payment fails or a subscription lapses, Treegarden reserves the right to restrict or suspend access to the Platform after reasonable notice. Data will be retained for 90 days after suspension, after which Treegarden may permanently delete your account data.

8. Intellectual Property

8.1 Treegarden's IP

The Platform, including its software, code, design, graphics, text, logos, and trademarks, is the exclusive intellectual property of Mason Bedford Ltd (trading as Treegarden) and is protected by UK and international intellectual property laws. Nothing in these Terms grants you any ownership rights in the Platform.

8.2 Licence to Use

Subject to your compliance with these Terms and payment of applicable fees, Treegarden grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for your internal business purposes during the term of your subscription.

8.3 Your Content

You retain all ownership rights to the content you upload to the Platform (including job descriptions, candidate data, and company information) ("Your Content"). By uploading Your Content, you grant Treegarden a limited, non-exclusive licence to store, process, and display Your Content solely to provide the Platform's services to you.

You represent and warrant that you have all necessary rights to upload Your Content and that it does not infringe any third-party intellectual property rights or violate any applicable law.

8.4 Feedback

If you provide Treegarden with feedback, suggestions, or ideas, you grant Treegarden a perpetual, irrevocable, royalty-free right to use such feedback for any purpose without compensation or attribution.

9. Data Protection and Privacy

The processing of personal data in connection with the Platform is governed by our Privacy Policy, which forms part of these Terms.

Where you upload personal data of third parties (including job candidates) to the Platform, you do so as an independent data controller. You are responsible for ensuring that:

• You have a valid legal basis for processing such data under UK GDPR and applicable law
• Candidates are informed that their data is stored and processed on the Treegarden platform
• You comply with all applicable data protection obligations

Treegarden acts as your data processor for candidate data. Our Data Processing Agreement (DPA), required under GDPR Article 28, is available upon request at [email protected].

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TREEGARDEN DOES NOT WARRANT THAT:

• The Platform will be uninterrupted, error-free, or free of harmful components
• Results obtained from using the Platform will be accurate or meet your requirements
• All defects or errors will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY UK AND EU LAW:

• Treegarden shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, or loss of goodwill
• Treegarden's total aggregate liability to you shall not exceed the total subscription fees paid by you to Treegarden in the 12 months immediately preceding the event giving rise to the claim

These limitations apply regardless of the theory of liability (contract, tort, statute, or otherwise) and even if Treegarden has been advised of the possibility of such damages.

Nothing in these Terms limits Treegarden's liability for: (a) death or personal injury caused by Treegarden's negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be excluded or limited under applicable UK or EU law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Mason Bedford Ltd (trading as Treegarden) and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Your Content, including any claim that it infringes intellectual property rights or violates data protection law
• Your failure to obtain a valid legal basis for processing candidate personal data
• Any discriminatory or unlawful use of the Platform

13. Term and Termination

13.1 Term

These Terms are effective from the date you first access or use the Platform and continue until your subscription ends or these Terms are otherwise terminated.

13.2 Termination by You

You may cancel your subscription at any time through your account settings or by contacting [email protected]. Cancellation takes effect at the end of the current billing period. No refunds are provided for unused portions of a prepaid subscription period, except as required by law.

13.3 Termination by Treegarden

Treegarden may suspend or terminate your access immediately and without prior notice if you materially breach these Terms, fail to pay applicable fees, or your use poses a security risk, legal liability, or is required by law or court order.

13.4 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Treegarden will retain your data for 90 days post-termination, during which you may request an export. After 90 days, data will be permanently deleted, subject to legal retention obligations. Sections 8, 9, 11, 12, 14, and 16 shall survive termination.

14. Governing Law and Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles.

14.2 Dispute Resolution

In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. Disputes should be submitted in writing to [email protected]. If the dispute cannot be resolved within 30 days, it shall be submitted to the exclusive jurisdiction of the courts of England and Wales.

14.3 EU Online Dispute Resolution

If you are an EU consumer, you may also submit a complaint via the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

15. Changes to These Terms

Treegarden reserves the right to update these Terms at any time. When we make material changes, we will update the "Last updated" date and notify registered users via email or in-app notification at least 14 days before the new Terms take effect.

If you disagree with the revised Terms, you must stop using the Platform before the effective date. Continued use after the effective date constitutes acceptance of the new Terms.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Treegarden regarding the Platform and supersede all prior agreements.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

16.3 Waiver

Failure by Treegarden to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Treegarden's prior written consent. Treegarden may assign these Terms in connection with a merger, acquisition, or sale of assets, upon notice to you.

16.5 Force Majeure

Treegarden shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, pandemics, governmental actions, internet outages, or third-party service failures.

17. Consumer Rights

These Terms do not limit consumer protections under:

• Consumer Rights Act 2015 — statutory rights for UK consumers
• Consumer Contracts Regulations 2013 — right to withdraw, 14-day cancellation period
• UK GDPR & Data Protection Act 2018 — data protection rights
• Unfair Contract Terms Act 1977 — good faith and fairness requirements

Where these Terms conflict with mandatory statutory provisions, the law prevails.

18. Contact Information

For any questions about these Terms, please contact us: