Business Terms
These Terms and Conditions (“Agreement”) govern your access to and use of the Trustaine business services (“Trustaine”, “we”, “our”, or “us”). By registering, accessing, or using our services, you (“Business”, “you”, or “your”) agree to comply with and be bound by this Agreement.
Ownership and general website use are governed by our Terms of Use, which form part of this Agreement. Capitalized terms not defined herein have the meanings set forth in the Terms of Use.
Eligibility and Account Management
- Authorization: You must have authority to represent your business and agree to these terms.
- Account Information: Keep your business contact and billing details accurate and secure.
- Authorized Users: You’re responsible for anyone who accesses your account on your behalf.
Review Invitations and Customer Engagement
- Sender Responsibility: You are the legal sender of review invitations.
- Consent: You must have permission to contact customers.
- Prohibited Practices: No incentivizing reviews or selective invitations.
- Third-Party Collection: You are responsible for third-party systems you use.
- Legal compliance: You are responsible for complying with applicable contact and marketing laws (including consent, anti‑spam, and telemarketing regulations) when sending review invitations and customer communications.
Content and Conduct Requirements
- Business Conduct: Use Trustaine lawfully and ethically.
- Prohibited Behavior: No fake reviews, impersonation, or data misuse.
- Content Monitoring: Trustaine may remove violations.
- Platform Abuse: Violations may lead to suspension or termination.
Subscriptions, Billing, and Renewals
- Subscription Services: Some services require paid subscriptions.
- Billing: Fees are due in advance and are non-refundable unless otherwise agreed.
- Renewals: Trustaine may adjust subscription prices by up to 5% upon renewal. You will be notified of any price adjustments in advance of the renewal date.
- Partners: You are liable for any actions taken by third-party agencies managing your account.
Data Retention, Downgrades, and Cancellations
- Plan-Based Retention: Your access to historical data is determined by your active subscription plan and its stated data retention period.
- Downgrades: If you downgrade your subscription or your paid plan expires, your account will automatically transition to the applicable lower-tier or free plan. Data older than the retention period of the downgraded plan will be permanently deleted and will not be recoverable.
- Cancellation: Upon cancellation, your account will revert to the free Starter plan at the end of the current billing cycle. Data older than the Starter plan’s retention period will be permanently deleted.
- Your Responsibility: You are responsible for exporting or backing up any data you wish to retain before downgrading, allowing a subscription to lapse, or canceling your plan.
Subscription Expiration and Grace Period
- Grace Period: When a paid subscription expires, your account will enter a seven (7)‑day grace period during which your subscription remains active.
- Expiration Notifications: You will receive two reminder notifications:
- Three (3) days before expiration: A reminder that your subscription is approaching its expiration date.
- Three (3) days after expiration: A follow‑up notice if the subscription has not been renewed.
- Post‑Grace Period Changes: After the seven (7)‑day grace period ends, your subscription will automatically convert to the Free plan. Only your first‑created business will remain associated with your account; any additional businesses will be disassociated and no longer accessible.
- Feature and Data Access: Features not included in the Free plan will no longer be available, and historical data exceeding its limits will be permanently removed.
- Fair Usage: These measures ensure continuity of service while maintaining fair usage and consistent data management across all accounts.
Data Protection and Privacy
- Data Processing: Compliance with data protection laws is required by both parties.
- Customer Data: You are responsible for lawful data sharing.
- Subprocessors: Trustaine may use subprocessors to provide services.
- Compliance: Both parties must comply with applicable data protection and privacy laws, including but not limited to GDPR, CCPA, and other relevant regulations.
Suspension and Termination
- Suspension: Trustaine may suspend services for violations or non-payment.
- Termination: Either party may terminate with notice.
- Effect: Upon termination, all outstanding amounts become immediately due.
Intellectual Property
- Ownership: Trustaine owns its technology and platform. You own your trademarks and content.
- License: You grant Trustaine permission to display your brand and public reviews.
Indemnification
- Your obligations: You agree to indemnify, defend, and hold harmless Trustaine and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the services; (b) your breach of this Agreement; (c) your violation of law or third‑party rights; or (d) content, data, or materials you provide.
- Procedures: Trustaine will promptly notify you of any claim and reasonably cooperate at your expense. You may not settle any claim without Trustaine’s prior written consent if it imposes obligations on or admits liability for Trustaine.
Warranty disclaimer
The services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Trustaine disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. Your use of the services is at your sole risk.
Limitation of Liability
Trustaine’s liability is limited to the amount paid by you for the services in the twelve (12) months prior to the issue.
Force majeure
- Events beyond control: Trustaine will not be liable for any delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, epidemics, labor disputes, supply chain failures, utility or internet outages, cyberattacks, governmental actions, or changes in law.
- Mitigation: Each party will use commercially reasonable efforts to mitigate the effects of a force majeure event and resume performance as soon as practicable.
Survival
The following sections survive termination: Intellectual Property, Indemnification, Warranty Disclaimer, Limitation of Liability, Governing Law and Dispute Resolution, Notices, and Severability and Entire Agreement.
Governing Law and Dispute Resolution
This Agreement is governed by the laws of the State of Illinois, United States of America, without regard to its conflict of law principles. Disputes shall be resolved exclusively in the state or federal courts located in Illinois, unless the parties agree otherwise in writing.
Severability and entire agreement
- Severability: If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full force and effect.
- Entire agreement: This Agreement, together with the Terms of Use and any order forms or service descriptions agreed in writing, constitutes the entire agreement between the parties regarding the business services and supersedes all prior or contemporaneous understandings.
- No waiver: Any failure to enforce a provision does not constitute a waiver of that or any other provision.
- Assignment: You may not assign or transfer this Agreement without Trustaine’s prior written consent. Trustaine may assign to an affiliate or in connection with a merger, acquisition, or sale of assets, and any permitted assignment shall be binding upon successors and assigns.
Amendments
Trustaine may update these terms from time to time. Continued use after updates signifies your acceptance.
Notices
- Methods: Official notices under this Agreement may be provided by email, in‑product messaging, or posting within the platform.
- To you: Notices will be sent to the contact details listed in your account or delivered within the services.
- To Trustaine: Notices must be submitted via the contact Us page or to the legal email address designated by Trustaine, and must include your business name and account email.
- Effectiveness: Notices are deemed received when sent (email), when posted (platform), or within two business days of dispatch, unless delivery failure is reported.
Contact
For questions or legal concerns, please contact us.
