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TERMS OF SERVICE

These Terms of Service (this “Agreement”) govern your use of TerraTrue’s privacy and security software-as-a-service platform, together with any other product or service made available through this website (collectively, the “Service”). The Service is made available to you by TerraTrue Inc. (“TerraTrue”).

BY USING THE SERVICE, YOU AGREE ON BEHALF OF YOU AND YOUR ORGANIZATION (TOGETHER, “LICENSEE”) TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Definitions

1.1. Affiliate

Any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” means either: (a) ownership or control of more than 50% of the voting interests of the subject entity; or (b) the power to direct or cause the direction of management and policies of an entity.

1.2. Documentation

TerraTrue’s then-current online user guides, updated from time to time, accessible from the “Help Center” in the Service.

1.3. Intellectual Property Rights

Includes unpatented inventions, patent applications, copyrights, trademarks, domain names, trade secrets, and related rights.

1.4. Improvements

New features, enhancements, bug fixes, and upgrades to the Service made available by TerraTrue at no extra charge.

1.5. Licensee Data

Information submitted by a User through the Service, including messages, attachments, files, comments, etc.

1.6. Subscription

The access to the Service purchased by Licensee.

1.7. Subscription Term

The monthly or annual period during which Licensee is permitted to use the Service.

1.8. User

An individual authorized by Licensee to use the Service.

2. The Service

2.1. Provision of the Service

TerraTrue will provide the Service during the Subscription Term.

2.2. Access Rights

Licensee has a non-exclusive right to access and use the Service for internal business use.

2.3. Usage Restrictions

Licensee may not:

  • Exceed the scope of their Service Tier
  • Make the Service available to others
  • Reverse engineer or modify the Service
  • Use the Service for unlawful purposes
  • Interfere with the performance of the Service

2.4. Protection of Licensee Data

TerraTrue will implement reasonable safeguards for Licensee Data.

2.5. Beta Features

Beta features are provided “as is” without warranties.

2.6. Access to Services

Licensee is responsible for their own equipment and safeguarding credentials.

3. Warranties and Disclaimers

3.1. TerraTrue Warranties

  • The Service will perform as described in the Documentation.
  • No viruses or malware will be knowingly introduced.

3.2. Licensee Warranties

  • This Agreement is binding.
  • Licensee has obtained necessary consents to process personal data.

3.3. Disclaimers

Service is provided “as is.” TerraTrue disclaims all implied warranties, including merchantability and fitness for a particular purpose.

4. Fees and Payment

4.1. Subscription Fees

Fees are non-refundable and based on the selected Subscription Tier.

4.2. Taxes

Licensee is responsible for all applicable taxes.

4.3. Future Features

Purchase is not contingent on future features or functionality.

5. Term and Termination

5.1. Term

Agreement begins at registration and continues per the Subscription Term.

5.2. Termination for Breach

TerraTrue may terminate immediately for material breach.

5.3. Cancellation

Licensee may cancel anytime; access ends at the end of the current term.

5.4. Effect of Termination

All access and rights cease immediately upon termination.

5.5. Suspension

TerraTrue may suspend use for harmful activity, security risk, or legal exposure.

6. Confidentiality

6.1. Definition

Includes non-public, proprietary information.

6.2. Protection

Receiving party must safeguard Confidential Information.

6.3. Equitable Relief

Disclosing party may seek injunctions for breaches.

6.4. Compelled Disclosure

If legally required, receiving party may disclose, with notice.

6.5. Sensitive Data

Licensee must not use the Service to store sensitive personal data (e.g., health, payment, child data).

7. Intellectual Property Rights

7.1. Licensee Data

Licensee retains rights to their data.

7.2. TerraTrue Property

TerraTrue retains rights to the Service and improvements.

7.3. Suggestions

Feedback may be used freely by TerraTrue.

7.4. Usage Data

TerraTrue may aggregate anonymized data for analysis and improvement.

8. Indemnification

8.1. By Licensee

Licensee will defend and indemnify TerraTrue for third-party claims due to misuse or content.

8.2. By TerraTrue

TerraTrue will defend and indemnify Licensee for claims of IP infringement.

8.3. Process

The indemnified party must provide notice and support.

8.4. Remedies

TerraTrue may:

  • Obtain a license
  • Modify or replace the Service
  • Terminate access and refund pro rata fees

9. Liability

9.1. Limitation

Maximum liability is the greater of $2,500 or 12 months’ fees.

9.2. Exclusion

No liability for indirect, incidental, or consequential damages.

9.3. Exceptions

Limitations do not apply to:

  • Indemnification
  • Confidentiality breaches
  • Gross negligence or misconduct

10. Miscellaneous

10.1. Governing Law

California law governs; exclusive venue in San Francisco courts.

10.2. Notices

May be delivered via email, app, or post.

10.3. Publicity

TerraTrue may include Licensee’s logo in marketing.

10.4. Relationship

The parties are independent contractors.

10.5. Force Majeure

Neither party is liable for uncontrollable events.

10.6. Severability

Invalid provisions will be reformed or removed; others remain.

10.7. Assignment

Licensee may not assign without consent.

10.8. Entire Agreement

This is the full agreement.

10.9. Modifications

TerraTrue may update the Agreement with notice; continued use implies acceptance.

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