Trusst AI Terms of Service
Effective Date: 1 April 2025
These Terms of Service (“Agreement”) constitute a legally 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 Trusst AI software platform and associated services (collectively, the “Services”).
By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you 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 include personal data.
“Services” means the Trusst AI software platform and any associated tools, features, documentation, and services provided or made available by Trusst AI.
“Authorized Users” means employees, contractors, or agents of Customer who are authorized by Customer to use the Services under Customer’s account.
“Confidential Information” means any non-public information disclosed by one party to the other in connection with this Agreement that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
“Intellectual Property Rights” means all intellectual and industrial property rights, including patents, trademarks, service marks, copyrights, trade secrets, database rights, and moral rights.
- License Grant
Subject to your compliance with this Agreement, Trusst AI grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services during the term of your subscription or agreement solely for your internal business operations. Use of the Services for resale, redistribution, or any unauthorized purpose is strictly prohibited.
- Customer Obligations
Some Trusst AI features require specific Amazon Web Services (AWS) services to be operated from a Customer’s cloud infrastructure. Any costs associated with these services, or other infrastructure hosted within the Customer’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 under your account, including any acts or omissions by your authorized users.
- Data and Privacy
You retain ownership of all Customer Data. If Trusst AI is required to process Customer Data, such processing will only occur with your prior written approval. In such cases, Trusst AI will process Customer Data solely to provide and support the Services and in accordance with our Privacy Policy.
Trusst AI may use anonymized, aggregated data derived from Customer 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 from unauthorized access, use, or disclosure. We shall not sell Customer Data or use it for any purposes unrelated to the provision of the Services.
Customer Data will be stored in data centers located in regions selected by Trusst AI in accordance with its hosting policies. If the Customer requires data to be hosted in a specific geographic region, this must be agreed upon in writing prior to use. Trusst AI will not transfer Customer Data outside the selected region(s) without Customer’s prior written consent, except as necessary to provide support services or comply with applicable laws.
- Intellectual Property Rights
All Intellectual Property Rights in and to the Services, including but not limited to the underlying software, APIs, documentation, and enhancements, are and shall remain the exclusive property of Trusst AI and its licensors. No rights are granted to you other than as expressly set forth herein.
You may provide feedback or suggestions regarding the Services, and Trusst AI may use such feedback without restriction or obligation.
- Fees and Payment Terms
Where applicable, fees for the Services shall be paid in accordance with the terms agreed in your order form, statement of work, or third-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 rate permitted by applicable law. All fees are exclusive of taxes, which you are responsible for paying, except for taxes on Trusst AI’s net income.
- Disclaimer of Warranties
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Trusst AI does not warrant that the Services will be error-free, uninterrupted, or secure, or that all defects will be corrected.
- Limitation of Liability
To the maximum extent permitted by law, Trusst AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, whether arising in contract, tort, or otherwise, even if Trusst AI has been advised of the possibility of such damages.
Trusst AI’s total aggregate liability for all claims arising under or in connection with this Agreement shall not exceed the amount paid by you for the Services during the twelve (12) months preceding the claim.
- Indemnification
You agree to indemnify, defend, and hold harmless Trusst AI and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the Services, your violation of this Agreement, or your infringement of any third-party rights.
Trusst AI agrees to defend and indemnify you against claims brought by third parties alleging that the Services, in their unmodified form, infringe upon any third-party intellectual property rights, provided you notify us promptly of any such claim and cooperate with us in the defense. Trusst AI may, at its discretion, modify the Services or terminate this Agreement with a refund of unused, prepaid fees.
- 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 the Services poses a security risk, violates applicable laws, or breaches this Agreement. Trusst AI will use reasonable efforts to provide advance notice and limit the suspension to the affected part of the Services.
- Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of New South Wales, Australia, without regard to conflict of laws principles. Any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the courts located in New South Wales, and each party irrevocably submits to the jurisdiction of such courts.
- Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, terrorism, wars, civil disturbances, labor disputes, supply chain disruptions, or governmental actions. The affected party shall provide prompt notice to the other party and shall use reasonable efforts to resume performance as soon as practicable.
- Amendments
We may update or modify these Terms of Service from time to time. Any material changes will be communicated through the platform or via email. Continued use of the Services following the effective date of any changes constitutes acceptance of the revised terms.
- Assignment and Subcontracting
Neither party may assign this Agreement or any portion hereof without the prior written consent of the non-assigning party, such consent not to be unreasonably withheld; provided, however, that either party may, without the written consent of the other, assign this Agreement and its rights and delegate its obligations hereunder in connection with the transfer or sale of all or substantially all of its assets and business related to this Agreement, or in the event of its merger, consolidation, change in control or similar transaction. Any permitted assignee shall assume all assigned obligations of its assignor under this Agreement. Any purported assignment in violation of this section shall be void and of no effect.
- Term
This Agreement begins on the Effective Date and will continue for an initial term of twelve (12) months, or such other period as agreed in writing between the parties (the “Initial Term”), unless earlier terminated in accordance with its terms.
At the end of the Initial Term, the Agreement will automatically renew for additional twelve (12)-month periods (each, a “Renewal Term”) unless either party provides written notice of its intent not to renew at least ninety (90) days prior to the end of the Initial Term or then-current Renewal Term, as applicable.
The Initial Term and any Renewal Terms together constitute the “Term.”
- Termination
Termination for Convenience
You may terminate this Agreement at the end of your current subscription term by giving us at least ninety (90) days’ written notice before it ends.
No Refunds
If you choose to terminate the Agreement early under the above provision, you won’t be entitled to any refunds or credits for fees already paid.
Early Termination by Trusst AI
If Trusst AI terminates this Agreement due to your uncured material breach, you must pay any outstanding fees owed for the remainder of your 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; or
- 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 by Trusst AI, you are not required to pay fees for the remaining term, and we will refund any prepaid fees covering the unused portion.
Outstanding Fees
Termination does not affect your obligation to pay for Services already delivered prior to the termination date.
- Notices
All notices required or permitted under this Agreement must be in writing and delivered by personal delivery, courier, registered mail, or email. Notices to Trusst AI shall be sent to humans@trusst.ai. Notices will be deemed given upon receipt or, if by email, when acknowledged by the receiving party.
- Contact Information
For any questions, concerns, or notices regarding this Agreement, please contact us at: humans@trusst.ai.
Thank you for using Trusst AI.