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Terms of Use

Last Updated on: Jan 1, 2025 

These Terms of Use (“Terms“) govern the access to and/or use of the Website www. trustwise.ai (“Website”) by users/you and constitutes an agreement (“Agreement”) between Trustwise Inc., a Texas Corporation (“Company,” “we,” “us,” or “our”), and you (“you” or “User”), governing your access to and use of our IT services, software, websites, applications, and related services (collectively, the “Services“).

Please read these Terms of use (“Terms“) carefully before accessing the Website or using the Services.  By accessing the Website or using our Services, you agree that you have read these Terms and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

If you do not agree to be bound by these Terms, you are requested not to proceed further and to please promptly exit the Website. We may update these Terms at any time and we will post notice of any changes on the Website. If you continue to use the Website/Services after the changes are posted, you agree to be bound by the updated Terms of Use/these Terms.

Description of Services

We provide software, consulting and managed services for our customers. The specific details of the Services provided to you could be outlined in separate service agreements, statements of work, or order forms as applicable.

Consent to Use of your Data

By accessing the Website or using our Services, you agree that we may collect, store, process, and use your personal data and other information that you provide, all in line with our Privacy Policy. This includes details like your name, contact information, how you use the Services, and any other data you submit through our Website or Services.

You specifically provide your informed and clear consent for the Company to:

  1. Collect and process your data to provide, maintain, improve, and secure the Services.
  2. Use your data for customer support, communication, analytics, personalization, and promotional activities (wherever legally permitted).
  3. Share your data with trusted third-party service providers, but only as needed to support the Services’ operation and in compliance with applicable data protection laws.
  4. Transfer and store your data in other countries. These locations might have different data protection standards than your home country, but we will ensure appropriate safeguards are in place, subject to applicable laws.
  5. Keep your data for as long as necessary to fulfill the purposes mentioned here, unless a longer period is required or permitted by law.

You can withdraw your consent at any time by contacting us as explained in our Privacy Policy. Please note that doing so might limit or restrict your ability to use certain features of the Website/Services.

For more details on how we handle your data, please refer to our Privacy Policy.

Use of Services

You represent and warrant to us that you are of legal age and have the authority to enter into this Agreement.

If you are required to create an account with us to access certain Services, you agree that you shall provide accurate and complete information and you shall be bound to keep your account credentials confidential. 

While we implement reasonable security measures, you acknowledge that no system is entirely impermeable. You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password. You must take all reasonable steps to protect your account from unauthorized access or use. We are not responsible for any losses or damages arising from the unauthorized use of your account due to your failure to maintain the confidentiality and security of your credentials. 

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to:

  • use the services in any way that violates applicable laws or regulations, including Texas state laws and federal laws;
  • to duplicate, make derivative works of, reproduce or exploit any part of the Services without the express prior written permission of the Company;
  • monitor or copy any content from the Services with any robot, spider, other automated device, or manual process;
  • rent, lease, let out distribute, or resell the Services, or access or use the Services for developing a competitive solution/product (or contract with a third party to do so), or remove or alter any of the logos, trademark, patent or copyright notices, confidentiality or proprietary disclaimers or other notices that are on or in the Services/Website or displayed in connection with the Services/Website;
  • solicit the participation of others to engage in unlawful acts; 
  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any person based on their gender, gender identity, sexual orientation, religion, ethnicity, race, age, national origin, or disability through the use of the Services;
  • infringe our /third party intellectual property rights; 
  • place on the Website any copyrighted material whether software, graphics, text, photographs, sound, video and musical recordings, trade secrets without the owner’s express permission;
  • transmit or upload any harmful or unlawful material or virus, or trojans or worms or other malicious code severely harming the system/Website/Services or affecting the functionality thereof;
  • attempt to decipher, decompile, delete, alter or reverse engineer any of the Services; 
  • engage in any form of unauthorized tracking, monitoring, or collection of personal information of other users or third parties;
  • engage in spamming, phishing, or any other form of unsolicited or deceptive communication;
  • post any defamatory or offensive content on the Website; 
  • engage in advertisement or soliciting use of any products or services;
  • interfere with the operation of the Services or other users’ access;
  • attempt to gain unauthorized access to our systems or data;
  • reverse engineer, decompile, or modify any software provided as part of the Services;
  • use the Services for any purpose that would be otherwise in contravention of these Terms and in contravention for the purpose for which they are intended.

Customer Support

Company shall provide you with basic support in connection with your use of the Services and provide with uninterrupted services except for downtime, acts of God, acts of government, floods, fires, earthquakes, pandemics, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, etc. 

Company support team can be reached at support@trustwise.ai 

Discontinuation of Services

We reserve the right to modify or discontinue any part of the Services at any time, with or without notice to you. While we will use commercially reasonable efforts to minimize disruption, we cannot guarantee that the Services will remain unaffected by such modifications or discontinuations. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services.

Beta Services

We may offer you access to Beta Services, which are test versions of our Service. By opting in for Beta Services, you receive a limited, revocable, non-transferable, non-sub licensable, non-exclusive license to use these services. Beta Services are provided “as is” and “as available,” may contain errors, and we are not required to correct them. We reserve the right to modify or terminate your access to any Beta Services at our sole discretion. YOUR USE OF A BETA SERVICE IS ENTIRELY AT YOUR OWN RISK. You agree to provide feedback on your Beta Service experience upon our request. If you opt-out of Beta Service communications, we may terminate your use of the Beta Services.

Links to or integrations with third-party websites or services

Our Services/Website may contain links to or integrations with third-party websites or services. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites or services. Your access and use of such third-party sites are solely at your own risk, and you are responsible for reviewing their respective terms and policies. You assume all the responsibility and the risks/liability by visiting all such websites/third party links and for acting or relying upon the information provided on such third party sites. 

Payment Terms

If you purchase any of the Services for a fee, you agree to pay all applicable fees as described in the relevant service agreement, statement of work, or order form (as the case may be). Payment terms, including pricing, payment methods, and billing frequency, will be specified therein. Late payments may be subject to interest charges at the maximum rate as permitted by Texas law or as otherwise specified in your separate agreement. Fees will be subject to applicable taxes.

Intellectual Property

The Company retains all rights, title, and interest in and to the Services, including all software, technology, content, trademarks, and other intellectual property.

However, if you provide any data, information, or content to us in connection with your use of the Services (‘Your Content’), you grant us a non-exclusive, royalty-free, worldwide, transferable, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content as necessary to provide, improve, and promote the Services, and for our internal business purposes, during the term of these Terms and for a reasonable period thereafter. You represent and warrant that you have all necessary rights to grant us this license and that Your Content does not infringe the rights of any third party.

Confidentiality

Both parties agree to hold confidential any confidential information exchanged during the provision of the Services. Confidential information includes, but is not limited to, trade secrets, business plans, technical data, and customer information. This obligation of confidentiality shall continue even after the termination of this Agreement.

Disclaimer of Warranties

We make no representations or warranties as to the Website/Contents hereof and assume no liability for the responsibility for any errors or omissions in the contents of the Website. The Website and any information, products or Services therein are provided “AS IS” and “AS AVAILABLE” without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 

COMPANY DOES NOT WARRANT, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAWS, COMPANY HEREBY DISCLAIMS ANY WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY, ADEQUACY OR COMPLETENESS OF THE  WEBSITE OR SERVICES, INFORMATION OBTAINED FROM THE WEBSITE OR A LINKED SITE, OR LINK TO A THIRD PARTY/EXTERNAL SITE. COMPANY DOES NOT WARRANT THAT (i) THE WEBSITE/SERVICES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR SECURE OR TIMELY OR (ii) THAT WEBSITE/SERVICES OR LINKED SITE(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (iii) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES/WEBSITE/LINKED SITES WILL BE ACCURATE OR RELIABLE, (IV) ANY INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE/ SERVICES WILL MEET YOUR EXPECTATIONS INCLUDING THOSE OF QUALITY, AND (V) ANY TECHNICAL OR OTHER ERRORS IN THE SOFTWARE WILL BE CORRECTED. THE USE OF INFORMATION OBTAINED FROM OR THROUGH THE SERVICES/WEBSITE/THESE LINKED WEBSITES IS AT YOUR OWN RISK. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL/CONTENT ON THE SERVICES WEBSITE/LINKED WEBSITES. COMPANY IS NOT LIABLE FOR THE AUTHENTICITY OF SUCH DATA/ MATERIAL/CONTENTS/INFORMATION DOWNLOADED OR OBTAINED FROM THE WEBSITE/LINKED WEBSITES WHICH IS SUBJECT TO THESE TERMS OF USE AND SUCH DOWNLOADING OR OBTAINING OF DATA IS AT YOUR RISKS AND CONSEQUENCES. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING TEXAS LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Indemnification

You agree to indemnify and hold us harmless from any claims, losses, or damages, including reasonable attorneys’ fees, arising out of or in connection with your use of the Website/Services, your breach of these Terms, or your violation of any applicable laws.

Termination

The Company reserves the right to terminate these Terms and your access to the Services at any time for any reason, including for your breach of these Terms. You may terminate these Terms by ceasing to use the Services. Upon termination, your rights to use the Services will cease forthwith. Further where the Services are subscription based, the Services are terminated upon the end of the subscription period unless renewed.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Texas. You hereby consent to the personal jurisdiction of such courts.

Modifications to Terms

We may modify these Terms at any time. We will provide notice of any material changes by posting the updated Terms on our Website, and/or by notifying you via email to the address associated with your account, or through other reasonable means. The revised Terms will become effective 30 (thirty days) after they are posted or otherwise communicated. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the updated Terms.

General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and us regarding your use of the Services.
  • Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
  • Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect
  • Survival: Clauses pertaining to intellectual property, disclaimers, and limitations of liability, governing law, and confidentiality shall survive the termination of this Agreement.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

GRIEVANCES

If you have any grievance on any matter pertaining to these Terms, you may raise your grievance at the contact details mentioned as below: 

Name: Avinash Saxena

Designation: VP Product and Operations

E-mail: avi@trustwise.ai

All complaints/grievances will be attended upon receipt of the complaint/grievance mentioning the details of the grievance/complaints and instances/events of violation/incidents.

Contact Information

If you wish to know more about our Terms of Use or have any further queries in this regard please contact us at:

Trustwise Inc.

Address: 3310 W Braker Ln., Suite 300, #643, Austin 78758

Email: support@trustwise.ai