Effective Date: February 5, 2024
These Terms of Service ("Terms") govern your access to and use of the TruAgents platform (the "Platform"), a solution provided by aBLT AI Inc., a Delaware C-Corp, with its principal place of business at 79 Madison Ave., Suite 930, New York, NY 10016 ("TruAgents"). By registering for an account and using the Platform, you ("User" or "Organization") agree to be bound by these Terms. If you do not agree, you may not use the Platform.
1.1 Platform Access and Use
TruAgents provides Users with a non-exclusive, non-transferable, and revocable license to access and use its proprietary marketing and customer engagement platform. The Platform enables Users to manage customer relationships, send marketing and SMS campaigns, analyze campaign performance, and integrate with third-party tools.
1.2 Account Registration and Eligibility
To use the Platform, Users must register for an account via the TruAgents website. By registering, Users represent that they are at least 18 years old and have the authority to bind their organization to these Terms. Users are responsible for maintaining the confidentiality of their login credentials and for all activities under their account. TruAgents reserves the right to suspend or terminate accounts that provide false or misleading information during registration.
1.3 Restrictions and Prohibited Uses
Users may not, and may not permit any third party to: (a) modify, alter, tamper with, repair, or otherwise create derivative works of the Platform or any part thereof; (b) reverse engineer, disassemble, or decompile the Platform or any part thereof, or apply any other process or procedure to derive the source code of any software included in, or any underlying technology of, the Platform or any part thereof; (c) distribute, license, assign, transfer, resell, sublicense or otherwise make available to any third party the Platform, or any part thereof; (d) attempt to disable or circumvent any security mechanisms used by the Platform; (e) use the Platform to store or transmit any malicious or unsolicited code or software, or store, transmit or upload any material and/or content that is false, inaccurate, illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, infringing, libelous, tortious, or otherwise objectionable, or to store, transmit or upload any material or content in violation of third-party privacy rights; (f) upload or otherwise process any infringing or malicious content to or through the Platform; (g) attempt to gain unauthorized access to the Platform, or any related systems or networks; (h) frame or utilize framing techniques to enclose the Platform or any portion thereof; (i) use any meta tags, "hidden text", robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Platform or any part thereof, including, without limitation any content, or any personal information of others; (j) use the Platform to hack, spam, or phish; (k) misrepresent User’s affiliation with any person or entity; (l) remove, alter, or obscure in any way any proprietary rights notices of TruAgents; or (m) access or use the Platform in violation of any applicable local, state, national or international laws, rules or regulations.
2.1 Subscription Plans
Users may select from available subscription plans as detailed on the TruAgents website. Each plan specifies usage limits, features, and pricing. Additional fees may apply for exceeding usage limits or accessing premium features.
2.2 Payment Terms
Payments must be made in accordance with the selected subscription plan. Fees are billed on a recurring basis unless canceled. Users authorize TruAgents to charge the designated payment method for all applicable fees. Failure to pay may result in account suspension or termination. All payments are non-refundable except as expressly required by law or explicitly stated by TruAgents.
2.3 Taxes
Users are responsible for all applicable taxes, levies, or duties imposed by taxing authorities related to their use of the Platform. TruAgents shall not be responsible for any such taxes beyond its own income tax obligations.
3.1 Subscription Term
These Terms remain in effect as long as Users maintain an active subscription. Unless terminated earlier, subscriptions automatically renew at the end of each billing cycle.
3.2 Termination by User
Users may cancel their subscription at any time through their account settings. No refunds or credits will be issued for partial subscription periods.
3.3 Termination by TruAgents
TruAgents reserves the right to suspend or terminate accounts for violations of these Terms, non-payment, or actions that may disrupt the Platform’s integrity, security, or availability. TruAgents may also terminate accounts for business reasons with reasonable notice.
3.4 Effect of Termination
Upon termination: (a) User access to the Platform will be immediately revoked; (b) TruAgents will delete User data within 30 days unless required by law to retain it; (c) Any outstanding fees or obligations remain due and payable.
4.1 Privacy Policy
TruAgents' collection, processing, and use of User data are governed by the TruAgents Privacy Policy: https://truagents.com/privacy-policy/.
4.2 User Data Ownership and License
Users retain ownership of any data they upload or generate within the Platform. By using the Platform, Users grant TruAgents a non-exclusive, royalty-free, worldwide license to process, store, and analyze such data solely for providing and improving the services. Users are responsible for ensuring they have the necessary rights to upload and share any content or data.
4.3 Data Security
TruAgents implements industry-standard security measures to protect User data. However, no system is completely secure, and Users acknowledge the inherent risks associated with online data transmission. Users are encouraged to use strong passwords and security measures to protect their accounts.
The Platform may offer integrations that enable Users to connect with or use certain third-party products, applications, services or software, including, without limitation, generative artificial intelligence (AI) or other machine learning (ML) products and services, or features or functionality thereof, through or in connection with the use of the Platform (collectively, “Third Party Integrations”). Users’ use of such integrations is subject to those third parties’ terms and policies. TruAgents is not responsible for third-party services, their availability, or their handling of User data. If User does not agree to the applicable terms and conditions of the Third Party Integrations, including, without limitation User may not access or use the Platform. TruAgents is not responsible for third-party services, their availability, or their handling of User data. TRUAGENTS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCTS OR SERVICES ADVERTISED OR OFFERED THROUGH, OR IN CONNECTION WITH, THE PLATFORM (INCLUDING, BUT NOT LIMITED TO, THIRD-PARTY INTEGRATIONS), AND TRUAGENTS WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN CLIENT AND ANY THIRD-PARTY PROVIDERS OF SUCH THIRD PARTY PRODUCTS OR SERVICES AND/OR THIRD PARTY INTEGRATIONS. User acknowledges and agrees that TruAgents is not responsible for the accuracy, reliability, or data practices of any Third-Party Integrations, including the AI Features. User's use of such Third-Party Integrations is at User's own risk. User agrees to indemnify and hold TruAgents harmless from any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to User's use of any Third-Party Integrations.
6.1 TruAgents Ownership
TruAgents retains all rights, title, and interest in the Platform, including but not limited to all software, trademarks, trade secrets, and proprietary content.
6.2 User Content
Users retain ownership of content they create within the Platform. By using the Platform, Users grant TruAgents a limited, non-exclusive license to use such content solely for the purpose of providing the services.
THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TRUAGENTS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRUAGENTS DOES NOT GUARANTEE THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUAGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE USE OF THE PLATFORM. TRUAGENTS' TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY USER IN THE 12 MONTHS PRIOR TO THE CLAIM.
9.1 Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Delaware, except that either party may seek injunctive relief in a court of competent jurisdiction.
9.2 Changes to Terms
TruAgents reserves the right to modify these Terms at any time. Material changes will be communicated to Users via email or the Platform. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.
9.3 Contact Information
For any questions regarding these Terms, please contact TruAgents at contact@truagents.com.