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Term of Service
Term of Service
As of January 08, 2023
These terms of service (this "Agreement" ) is a binding contract between you ("Customer," "you,"or "your")
and TrustZ ("we," or "us"). This Agreement governs your access to and use of the products and services
provided by TrustZ under this Agreement (the“Services”) that are detailed on TrustZ's website available at
(the“Site”).
This Agreement takes effect when you register for an account ( “Account” ) or by accessing or using the
Services. By registering for an Account or by accessing or using the Services you (a) acknowledge that you
have read and understand this Agreement; (b) represent and warrant that you have the right, power, and
authority to enter into this Agreement and, if entering into this Agreement for an organization, that you have
the legal authority to bind that organization; and (c) accept this Agreement and agree that you are legally
bound by its terms.
If you do not agree to these terms, you may not access or use the services.
1. Access and Use
Provision of Access. Subject to the terms and conditions of this Agreement, TrustZ hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for your internal business operations by Authorized Users in accordance with the terms and conditions herein. "Authorized User" means Customer and Customer's employees, consultants, and contractors (i) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Agreement and (ii) for whom access to the Services has been purchased hereunder. Use Restrictions. You shall not, and shall not permit any Authorized Users to use the Services for any purposes beyond the scope of the access granted in this Agreement. You shall not at any time, directly or indirectly, and shall not permit any Authorized Users to: (i) copy, modify, or create derivative works of the Services or any software component of the Services, rein whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services except as expressly permitted under this Agreement; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Services, in whole or in part; (iv) remove any proprietary notices from the Services ; or (v) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law, regulation, or rule. Aggregated Statistics. Notwithstanding anything to the contrary in this Agreement, TrustZ may monitor Customer's use of the Services and collect and compile data and information related to Customer's use of the Services to be used by TrustZ in an aggregated and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services ("Aggregated Statistics"). As between TrustZ and Customer, all right, title, and interest in Aggregated Statistics, and all intellectual property rights therein, belong to and are retained solely by TrustZ. You acknowledge that TrustZ may compile Aggregated Statistics based on Customer Data (as defined in Section 2(a)) input into the Services. You agree that TrustZ may (i) make Aggregated Statistics publicly available in compliance with applicable law, and (ii) use Aggregated Statistics to the extent and in the manner permitted under applicable law; provided that such Aggregated Statistics do not identify Customer or Customer's Confidential Information. Reservation of Rights. TrustZ reserves all rights not expressly granted to Customer in this Agreement. Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to Customer or any third party any intellectual property rights or other right, title, or interest in or to the TrustZ IP. "TrustZ IP" means the Services and all intellectual property provided to Customer or any other Authorized User in connection with the foregoing. For the avoidance of doubt, TrustZ IP includes Aggregated Statistics and any information, data, or other content derived from TrustZ's monitoring of the Customer's access to or use of the Services, but does not include Customer Data. Suspension. Notwithstanding anything to the contrary in this Agreement, TrustZ may temporarily suspend Customer's and any other Authorized User's access to any portion or all of the Services if: (i) TrustZ reasonably determines that (A) there is a threat or attack on any of the TrustZ IP; (B) Customer's or any other Authorized User's use of the TrustZ IP disrupts or poses a security risk to the TrustZ IP or to any other customer or vendor of TrustZ; (C) Customer or any other Authorized User is using the TrustZ IP for fraudulent or illegal activities; (D) subject to applicable law, Customer has ceased to continue its business in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) TrustZ's provision of the Services to Customer or any other Authorized User is prohibited by applicable law; (ii) any vendor of TrustZ has suspended or terminated TrustZ's access to or use of any third-party services or products required to enable Customer to access the Services; or (iii) in accordance with Section 3 (any such suspension described in subclause (i), (ii), or (iii), a "Service Suspension"). TrustZ shall use commercially reasonable efforts to provide written notice of any Service Suspension to Customer and to provide updates regarding resumption of access to the Services following any Service Suspension. TrustZ shall use commercially reasonable efforts to resume providing access to the Services as soon as reasonably possible after the event giving rise to the Services Suspension is cured. TrustZ will have no liability for any damage, liabilities, losses (including any loss of profits), or any other consequences that Customer or any other Authorized User may incur as a result of a Service Suspension.2. Customer Responsibilities
Customer Data. “Customer Data” is information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or any other Authorized User through the Services (e.g. reviews, mentions and other contributions). You are solely responsible for your Customer Data. You assume all risks associated with use of your Customer Data, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Data that personally identifies you or any third party. You hereby represent and warrant that your Customer Data does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your Customer Data is in any way provided, sponsored or endorsed by TrustZ. Because you alone are responsible for your Customer Data, you may expose yourself to liability if, for example, your Customer Data violates the Acceptable Use Policy. TrustZ is not obligated to backup any Customer Data, and your Customer Data may be deleted at any time without prior notice.3. Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy” :- You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Data (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- You agree you will comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://trustz.app/terms from time to time.
- Enforcement. We reserve the right (but have no obligation) to review any Customer Data, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Data, terminating your Account in accordance with Section 10, and/or reporting you to law enforcement authorities.
- Account Use. You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You shall use reasonable efforts to make all Authorized Users aware of this Agreement's provisions as applicable to such Authorized User's use of the Services and shall cause Authorized Users to comply with such provisions.
- Customer Warranty. You warrant that you own all rights, titles, and interests, including all intellectual property rights, in and to Customer Data and that both the Customer Data and your use of the Services are in compliance with the Acceptable Use Policy.
- License. You hereby grant to TrustZ a non-exclusive, royalty-free, worldwide license to reproduce, distribute, and otherwise use and display the Customer Data and perform all acts with respect to the Customer Data as may be necessary for TrustZ to provide the Services to you, and a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to reproduce, distribute, modify, and otherwise use and display Customer Data incorporated within the Aggregated Statistics. You will ensure that Customer Data and any Authorized User's use of Customer Data will not violate any policy or terms referenced in or incorporated into this Agreement or any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of Customer Data.
- Passwords and Access Credentials. You are responsible for keeping your passwords and access credentials associated with the Services confidential. You will not sell or transfer them to any other person or entity. You will promptly notify us about any unauthorized access to your passwords or access credentials.
- Third-Party Products. The Services may permit access to Third-Party Products. For purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. "Third-Party Products" means any products, content, services, information, websites, or other materials that are owned by third parties and are incorporated into or accessible through the Services.