Privacy Policy

Trusst AI Terms of Service

Effective Date: 1 April 2025

These Terms of Service ("Agreement") constitute alegally binding agreement between you ("Customer" or "you")and Trusst AI Pty Ltd ("Trusst AI," "we," "our,"or "us"). This Agreement governs your access to and use of the TrusstAI software platform and associated services (collectively, the"Services").

By accessing or using the Services, you acknowledge that youhave read, understood, and agree to be bound by the terms of this Agreement. Ifyou do not agree to these terms, you must not access or use the Services.

Definitions

"Customer Data" means all data, content,and information submitted by or on behalf of Customer to the Services,including through integrations with Customer's systems, which may includepersonal data.

"Services" means the Trusst AI softwareplatform and any associated tools, features, documentation, and servicesprovided or made available by Trusst AI.

"Authorized Users" means employees,contractors, or agents of Customer who are authorized by Customer to use theServices under Customer's account.

"Confidential Information" means anynon-public information disclosed by one party to the other in connection withthis Agreement that is designated as confidential or that reasonably should beunderstood to be confidential given the nature of the information and thecircumstances of disclosure.

"Intellectual Property Rights" means allintellectual and industrial property rights, including patents, trademarks,service marks, copyrights, trade secrets, database rights, and moral rights.

1. License Grant

Subject to your compliance with this Agreement, Trusst AIgrants you a limited, non-exclusive, non-transferable, and non-sublicensablelicense to access and use the Services during the term of your subscription oragreement solely for your internal business operations. Use of the Services forresale, redistribution, or any unauthorized purpose is strictly prohibited.

2. Customer Obligations

Some Trusst AI features require specific Amazon Web Services(AWS) services to be operated from a Customer’s cloud infrastructure. Any costsassociated with these services, or other infrastructure hosted within theCustomer’s own AWS account, are the sole responsibility of the Customer.

You agree to:

  • Maintain the confidentiality and security of all account credentials and access  details;
  • Use the Services strictly in accordance with applicable documentation, instructions, and this Agreement;
  • Refrain from decompiling, reverse engineering, or otherwise attempting to derive the source code of the Services;
  • Ensure that your authorized users comply with the terms of this Agreement.

You are fully responsible for all use of the Services underyour account, including any acts or omissions by your authorized users.

3. Data and Privacy

You retain ownership of all Customer Data. If Trusst AI isrequired to process Customer Data, such processing will only occur with yourprior written approval. In such cases, Trusst AI will process Customer Datasolely to provide and support the Services and in accordance with our Privacy Policy.

Trusst AI may use anonymized, aggregated data derived fromCustomer Data for statistical analysis, product improvement, and benchmarking,provided that such data does not identify the Customer or any individual.

Trusst AI shall implement reasonable administrative,technical, and organizational measures to protect Customer Data fromunauthorized access, use, or disclosure. We shall not sell Customer Data or useit for any purposes unrelated to the provision of the Services.

Customer Data will be stored in data centers located inregions selected by Trusst AI in accordance with its hosting policies. If theCustomer requires data to be hosted in a specific geographic region, this mustbe agreed upon in writing prior to use. Trusst AI will not transfer CustomerData outside the selected region(s) without Customer’s prior written consent,except as necessary to provide support services or comply with applicable laws.

4. Intellectual Property Rights

All Intellectual Property Rights in and to the Services,including but not limited to the underlying software, APIs, documentation, andenhancements, are and shall remain the exclusive property of Trusst AI and itslicensors. No rights are granted to you other than as expressly set forthherein.

You may provide feedback or suggestions regarding theServices, and Trusst AI may use such feedback without restriction orobligation.

5. Fees and Payment Terms

Where applicable, fees for the Services shall be paid inaccordance with the terms agreed in your order form, statement of work, orthird-party purchasing platform (e.g., AWS Marketplace).

Unless otherwise specified, all fees are due within thirty(30) days of the invoice date. Late payments may incur interest at the ratepermitted by applicable law. All fees are exclusive of taxes, which you areresponsible for paying, except for taxes on Trusst AI’s net income.

6. Disclaimer of Warranties

The Services are provided "as is" and "asavailable" without warranties of any kind, whether express, implied,statutory, or otherwise, including but not limited to any implied warranties ofmerchantability, fitness for a particular purpose, or non-infringement.

Trusst AI does not warrant that the Services will beerror-free, uninterrupted, or secure, or that all defects will be corrected.

7. Limitation of Liability

To the maximum extent permitted by law, Trusst AI shall notbe liable for any indirect, incidental, special, consequential, or punitivedamages, or for any loss of profits, revenue, data, or business opportunities,whether arising in contract, tort, or otherwise, even if Trusst AI has beenadvised of the possibility of such damages.

Trusst AI's total aggregate liability for all claims arisingunder or in connection with this Agreement shall not exceed the amount paid byyou for the Services during the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Trusst AIand its affiliates, officers, agents, and employees from and against anyclaims, liabilities, damages, losses, and expenses, including legal fees,arising out of or in any way connected with your use of the Services, yourviolation of this Agreement, or your infringement of any third-party rights.

Trusst AI agrees to defend and indemnify you against claimsbrought by third parties alleging that the Services, in their unmodified form,infringe upon any third-party intellectual property rights, provided you notifyus promptly of any such claim and cooperate with us in the defense. Trusst AImay, at its discretion, modify the Services or terminate this Agreement with arefund of unused, prepaid fees.

9. Suspension of Services

Trusst AI may suspend or restrict access to the Services if:(a) you fail to pay undisputed fees after written notice; (b) your use of theServices poses a security risk, violates applicable laws, or breaches thisAgreement. Trusst AI will use reasonable efforts to provide advance notice andlimit the suspension to the affected part of the Services.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed inaccordance with the laws of New South Wales, Australia, without regard toconflict of laws principles. Any legal action or proceeding arising under orrelating to this Agreement shall be brought exclusively in the courts locatedin New South Wales, and each party irrevocably submits to the jurisdiction ofsuch courts.

11. Force Majeure

Neither party shall be liable for any failure or delay inperformance under this Agreement due to circumstances beyond its reasonablecontrol, including but not limited to acts of God, natural disasters,pandemics, terrorism, wars, civil disturbances, labor disputes, supply chaindisruptions, or governmental actions. The affected party shall provide promptnotice to the other party and shall use reasonable efforts to resumeperformance as soon as practicable.

12. Amendments

We may update or modify these Terms of Service from time totime. Any material changes will be communicated through the platform or viaemail. Continued use of the Services following the effective date of anychanges constitutes acceptance of the revised terms.

13. Assignment and Subcontracting

Neither party may assign this Agreement or any portionhereof without the prior written consent of the non-assigning party, suchconsent not to be unreasonably withheld; provided, however, that either partymay, without the written consent of the other, assign this Agreement and itsrights and delegate its obligations hereunder in connection with the transferor sale of all or substantially all of its assets and business related to thisAgreement, or in the event of its merger, consolidation, change in control orsimilar transaction. Any permitted assignee shall assume all assignedobligations of its assignor under this Agreement. Any purported assignment inviolation of this section shall be void and of no effect.

14. Term

This Agreement begins on the Effective Date and willcontinue for an initial term of twelve (12) months, or such other period asagreed in writing between the parties (the "Initial Term"), unlessearlier terminated in accordance with its terms.

At the end of the Initial Term, the Agreement willautomatically renew for additional twelve (12)-month periods (each, a"Renewal Term") unless either party provides written notice of itsintent not to renew at least ninety (90) days prior to the end of the InitialTerm or then-current Renewal Term, as applicable.

The Initial Term and any Renewal Terms together constitutethe "Term."

15. Termination

Termination for Convenience

You may terminate this Agreement at the end of your currentsubscription term by giving us at least ninety (90) days' written notice beforeit ends.

No Refunds

If you choose to terminate the Agreement early under theabove provision, you won’t be entitled to any refunds or credits for feesalready paid.

Early Termination by Trusst AI

If Trusst AI terminates this Agreement due to your uncuredmaterial breach, you must pay any outstanding fees owed for the remainder ofyour subscription term.

Termination for Cause

Either party may terminate this Agreement for cause if:

  • The other party materially breaches the Agreement and fails to fix it within thirty (30) days after receiving written notice; o
  • The other party becomes insolvent or is subject to bankruptcy, liquidation, or similar proceedings.

Termination for Cause by Customer

If you terminate this Agreement due to a material breach byTrusst AI, you are not required to pay fees for the remaining term, and we willrefund any prepaid fees covering the unused portion.

Outstanding Fees

Termination does not affect your obligation to pay forServices already delivered prior to the termination date.

16. Notices

All notices required or permitted under this Agreement mustbe in writing and delivered by personal delivery, courier, registered mail, oremail. Notices to Trusst AI shall be sent to humans@trusst.ai.Notices will be deemed given upon receipt or, if by email, when acknowledged bythe receiving party.

17. Contact Information

For any questions, concerns, or notices regarding thisAgreement, please contact us at: humans@trusst.ai.

Thank you for using Trusst AI.

www.trusst.ai