Terms

Effective Date: 18 April 2025

 

1. Your Relationship With Us

 

Welcome to Truel(the Platform), which is provided by Truel Team or its affiliates (collectively referred to as Truel, weor us).

 

You are reading the terms of service (the Terms), which govern the relationship and serve as an agreement between you and us, setting forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products, and content (collectively, the Services). Our Services are provided for private, non-commercial use. For purposes of the Terms, youand yourrefer to you as the user of the Services. The Terms form a legally binding agreement between you and us. Please read them carefully.

 

2. Accepting the Terms

 

By accessing or using our Services, you confirm that you can form a binding contract with Truel, that you accept the Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile devices applicable app store, and are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy.

 

If you access or use the Services from within a jurisdiction with separate supplemental terms, you also agree to the supplemental terms applicable to you in the applicable jurisdiction as outlined below and agree to comply with them. If there is a conflict between the provisions of the supplemental terms that apply to you and the rest of the Terms, the relevant jurisdictions supplemental terms will supersede and control. If you do not agree to the Terms, you must stop accessing or using the Services.

 

If you are accessing or using the Services on behalf of a business or entity, then (a) youand yourinclude you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to the Terms, and that you agree to the Terms on the entitys behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents, or contractors.

 

You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

 

You should print off or save a local copy of the Terms for your records.

 

3. Changes to the Terms

 

We amend the Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to notify all users of any material changes to the Terms, such as through a notice on our Platform. However, you should review the Terms regularly to check for such changes. We will also update the Last Updateddate at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

 

4. Your Account with Us

 

To access or use our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us to keep such information current and complete.

 

It is important that you keep your account password confidential and do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must notify us immediately at: jelmer.soriano@outlook.com

 

You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.

 

We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of the Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services, infringe or violate any third-party rights, or violate any applicable laws or regulations.

 

If you no longer want to use our Services and would like your account to be deleted, contact us at: jelmer.soriano@outlook.com We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added or posted to your account.

 

5. Your Access to and Use of Our Services

 

Your access to and use of the Services is subject to the Terms and all applicable laws and regulations. You may not:

 

Access or use the Services if you are not fully able and legally competent to agree to the Terms.

 

Make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Services or any content included therein, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof.

 

Distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof.

 

Market, rent, or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation.

 

Use the Services without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.

 

Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services.

 

Incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts, or limit access to the Services in our sole discretion.

 

Use automated scripts to collect information from or otherwise interact with the Services.

 

Impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute, or otherwise make available emanates from the Services.

 

Intimidate or harass another, or promote sexually explicit material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

 

Use or attempt to use anothers account, service, or system without authorization from Truel, or create a false identity on the Services.

 

Use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews.

 

Use the Services to upload, transmit, distribute, store, or otherwise make available in any way:

 

Files that contain viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

 

Any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail,” “spam,” “chain letters,” “pyramid schemes,or any other prohibited form of solicitation.

 

Any private information of any third party, including addresses, phone numbers, email addresses, numbers, and features in any personal identity document (e.g., NIK numbers, passport numbers) or credit card numbers.

 

Any material which does or may infringe any copyright, trademark, or other intellectual property or privacy rights of any other person.

 

Any material which is defamatory of any person, obscene, offensive, pornographic, hateful, or inflammatory.

 

Any material that would constitute, encourage, or provide instructions for a criminal offense, dangerous activities, or self-harm.

 

Any material that is deliberately designed to provoke or antagonize people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass, or upset people.

 

Any material that contains a threat of any kind, including threats of physical violence.

 

Any material that is racist or discriminatory, including discrimination on the basis of someones race, religion, age, gender, disability, or sexuality.

 

Any answers, responses, comments, opinions, analysis, or recommendations that you are not properly licensed or otherwise qualified to provide.

 

Material that, in the sole judgment of Truel, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Truel, the Services, or its users to any harm or liability of any type.

 

In addition to the above, your access to and use of the Services must, at all times, comply with our Community Guidelines.

 

We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of the Terms or our Community Guidelines, or otherwise harmful to the Services or our users.

 

Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.

 

6. Purchases and Automatically Renewing Subscriptions

 

Subscription, Cancellation, and Payments

 

Please familiarize yourself with the following details regarding Truel's subscriptions and recurring payments policy:

 

Basic Membership and Limited Features:

 

Once you successfully register on Truel, we will provide you with a daily list of limited suggestions, tailored to your profile and preferences, as part of your basic membership. With this basic membership, you have the potential to match with others and initiate conversations.

 

Activation of Full Features:

 

To unlock and utilize all the features available on Truel, you need to activate a subscription. Before charging for your chosen subscription or individual service, we will always clearly inform you of the final pricing and the duration of the subscription. Additionally, we may, at our discretion and based on certain internal criteria, grant free subscriptions to select users.

 

Automatic Renewal of Subscription:

 

The subscription will automatically renew for an identical additional period following the initial subscription term and subsequent periods.

 

Payments Are Non-Refundable:

 

All payments made to Truelare considered non-refundable and final.

 

Special Offers and Discounts:

 

We may periodically offer special discounts, with the specific terms of each offer outlined on the respective payment page. Be aware that these terms, discounts, and offers may change or be withdrawn without prior notice.

 

Promotional Pricing:

 

If you acquire a promotional price while your subscription remains active, the discounted price may endure for a limited duration or indefinitely. However, upon unsubscribing, the pricing will revert back to the standard rate.

 

Cancellation of Subscription:

 

If you have set up recurring payments, you may cancel your subscription at any time. To do so, you can disable auto-renewal in your personal account settings within the mobile app under the "Subscription Management" section, or click the cancellation link in the subscription menu on the web app. The cancellation of your subscription must be processed through the same platform where the purchase was originally made. Cancellation will take effect starting with the next billing period. Please note that no refunds will be issued for any payments, even if they cover multiple billing periods. Simply deleting the app or your account does not cancel your subscription.

 

Access and Account Termination:

 

You will maintain access to the service for the duration of any billing period that has already been paid for. However, in the event that your submissions or actions within Truelviolate the agreement, your account may be promptly terminated and any payments made will be forfeited.

 

In-App Purchases and Virtual Goods:

 

In addition to subscriptions, Truelprovides special features that can be purchased as in-app items. These purchases grant users a worldwide, non-exclusive, royalty-bearing, revocable, limited, non-transferable, non-sublicensable personal license to use virtual goods, including titles, gifts, coins, or other units available in the app ("Virtual Goods"). Your balance of Virtual Goods, which reflects the extent of your license, can be viewed in your profile settings, but does not represent actual stored value or real-world currency. The license for Virtual Goods is subject to revocation, and Truelreserves the right to terminate this license if your account is closed or terminated in accordance with the Agreement. Purchased Virtual Goods are non-refundable, and Truelis not obliged to provide refunds or compensation for any reason, whether in the virtual or physical world. Furthermore, Truelreserves the sole discretion to make adjustments, modifications, removals, management, regulations or changes to the pricing of Virtual Goods at any time.

 

A. Subscriptions, Payments, and Refunds via Apple or Google:

 

For subscriptions or Virtual Goods purchased through Apple or Google, please refer to the respective payment policies of Truel's app providers:

 

(i) Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA. For more information, visit the relevant website.

 

(ii) Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For more information, visit the relevant website.

 

B. Subscriptions, Payments, and Refunds via Website:

 

The payments made through our website will be charged from your registered bank account. Your payment information will be securely stored and utilized for automatic payments in accordance with your subscription plan and the Agreement.

 

To exercise any rights concerning subscriptions, payments, or refunds via our website, please contact us via email.

 

7. Intellectual Property Rights

 

The Services are protected under copyright, patent, trademark, and other intellectual property laws of the countries where Services are available. All intellectual property rights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent. We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to infringe the intellectual property rights of any person while accessing or using the Services, and agree to the terms of our Intellectual Property Policy. We reserve the right, with or without notice to you, at our discretion, to disable access to or terminate user accounts that infringe or are alleged to infringe any copyright or other intellectual property rights.

 

 

8. Content

 

A. Truel Content

As between you and Truel, all content, design software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and the look and feelof the Services, and all intellectual property rights related thereto (the TruelContent), are either owned or licensed by Truel. You or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the TruelContent or materials on the Services for any purpose not expressly permitted by the Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, performed, adapted, edited, published, sold, licensed, or otherwise exploited for any purpose without our or, where applicable, our licensorsprior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

 

You acknowledge and agree that we may generate revenues, increase goodwill, or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data. Except as specifically permitted by us in the Terms or in another agreement you enter into with us, you have no right to share in any such revenue, goodwill, or value whatsoever. You further acknowledge that, except as specifically permitted by us in the Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings, or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third-party service (e.g., you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).

 

Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including downloading the Platform on a permitted device, and to access the TruelContent solely for your personal, non-commercial use through your use of the Services and solely in compliance with the Terms. Truelreserves all rights not expressly granted herein in the Services and the TruelContent. You acknowledge and agree that Truelmay terminate this license at any time for any reason or no reason.

 

NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

 

You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action based on the content on our Services.

 

We make no representations, warranties, or guarantees, whether express or implied, that any TruelContent (including User Content) is accurate, complete, or up-to-date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).

 

B. User-Generated Content

Users of the Services may be permitted to upload, post, or transmit (such as via a stream) or otherwise make available content through the Services, including, without limitation, any text, photographs, videos, sound recordings, and the musical works embodied therein, and videos that incorporate locally stored sound recordings from your personal music library and ambient noise (User Content). Users of the Services may also overlay music, graphics, stickers, and other elements provided by Truel(TruelElements) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes TruelElements, have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values.

 

Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, you must comply with the standards set out at Your Access to and Use of Our Servicesabove.

 

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

 

Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions and clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.

 

If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions and clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.

 

You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable and sublicensable, perpetual, worldwide license to use, modify, adapt, reproduce, perform, display, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, perform, display, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented. You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your User Content.

 

The rights granted in the preceding paragraphs of this Section (7.B) include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform, publicly display, and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, etc.) (a PRO) or a collective management organization (e.g., JASARC, NextTone, etc.) (a CMO), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers, or other royalty participants involved in the creation of User Content.

 

Specific Rules for Musical Works and for Recording Artists: If you are a composer or author of a musical work and are affiliated with a PRO/CMO, then you must notify your PRO/CMO of the royalty-free license you grant through the Terms in your User Content to us. You are solely responsible for ensuring your compliance with the relevant PRO/CMOs reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty-free license(s) set forth in the Terms in your User Content or have such music publisher enter into the Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us the licenses in the Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the Services that may be claimed by your label.

 

Through-To-The-Audience Rights: All of the rights you grant in your User Content in the Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third-party services will not have any separate liability to you or any other third party for User Content posted or used on such third-party service via the Services.

 

Waiver of Rights to User Content: By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Services.

 

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.

 

We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to publish your content at our or their sole discretion. We have the right to remove, disallow, block, or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at Your Access to and Use of Our Servicesabove. In addition, we have the right but not the obligation in our sole discretion to remove, disallow, block, or delete any User Content (i) that we consider violates the Terms, or (ii) in response to complaints from other users or third parties, without any liability to you. We may or may not notify you of such removal, disallowance, blocking, or deletion. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness, or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

 

You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.

 

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties. If you wish to file a complaint about information or materials uploaded by other users, contact us at: jelmer.soriano@outlook.com

 

Trueltakes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Truels policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.

 

While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, illustration, computer code, diagrams, or other materials (collectively Feedback), then regardless of what your accompanying communication may say, the following terms will apply. Accordingly, by sending Feedback to us, you agree that:

 

i. Truelhas no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;

 

ii. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and

 

iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.

 

9. Indemnity

 

You agree to defend, indemnify, and hold harmless Truel, its parent companies, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneysfees and expenses, arising out of a breach of the Terms by you or any user of your account, or arising out of negligence or a breach by you or any user of your account of the Terms (including but not limited to your obligations, representations, and warranties hereunder).

 

10. EXCLUSION OF WARRANTIES

 

NOTHING IN THE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

 

SAVE AS EXPRESSLY SET FORTH IN THE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED AS ISAND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

 

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;

 

YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;

 

ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND

 

DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

 

SAVE AS EXPRESSLY SET FORTH IN THE TERMS AND TO THE FULLEST EXTENT PERMITTED BY LAW, NO CONDITIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

 

11. LIMITATION OF LIABILITY

 

NOTHING IN THE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS, FOR FRAUD OR FRAUDULENT MISREPRESENTATION, AND FOR ANY LOSSES OR DAMAGES ARISING OUT OF OUR WILFUL MISCONDUCT OR GROSS NEGLIGENCE.

 

SUBJECT TO THE PARAGRAPH ABOVE AND TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR THE FOLLOWING LOSSES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY:

 

(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU.

 

ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO TruelWITHIN THE LAST 12 MONTHS.

 

ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:

 

ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR ANY RELIANCE ARISING OUT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;

 

ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

 

THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

 

YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR

 

YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

 

PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION,

 

12. Other Terms

 

a. Open Source: The Platform contains certain open-source software. Each item of open-source software is subject to its own applicable license terms.

 

b. Entire Agreement: The Terms constitute the whole legal agreement between you and Trueland govern your use of the Services and completely replace any prior agreements between you and Truelin relation to the Services.

 

c. Links: You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at Your Access to and Use of Our Servicesabove. We reserve the right to withdraw linking permission without notice.

 

d. Age Restrictions: The Services are only for users who are 18 years old and over (with additional limits that may be set forth in the Supplemental Terms Jurisdiction-Specific). By using our Services, you warrant that you are over the relevant age specified herein. If we learn that someone under the relevant age specified above is using the Services, we will terminate the account of such user.

 

e. No Waiver: Our failure to insist upon or enforce any provision of the Terms shall not be construed as a waiver of any provision or right.

 

f. Security: We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.

 

g. Severability: If any court of law, having jurisdiction to decide on this matter, rules that any provision of the Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

 

h. Any Questions? Contact us at: jelmer.soriano@outlook.com

 

Supplemental Terms Jurisdiction-Specific

 

US

 

ARBITRATION AND CLASS ACTION WAIVER: This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.

 

Informal Process First: You agree that in the event of any dispute between you and Truel, you will first contact Trueland make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.

 

Arbitration Agreement: After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, Claim) relating in any way to your use of Truels services and/or products, including the Services, or relating in any way to the communications between you and Truelor any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Truel. However, this arbitration agreement does not (a) govern any Claim by Truelfor infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms, or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt-out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.

 

You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Truelare each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.

 

If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to: Email Address: contactus@Truelapp.com

 

The arbitration will be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed or used the Services on behalf of an entity, we will reimburse those fees for claims where the amount in dispute is less than $10,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneysfees and costs in arbitration unless the arbitrator determines the claims are frivolous.

 

The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the Class Action Waiversection below.

 

If you do not want to arbitrate disputes with Trueland you are an individual, you may opt-out of this arbitration agreement by sending an email to contactus@Truelapp.com within thirty (30) days of the first of the date you access or use the Services.

 

Class Action Waiver: Any Claim must be brought in the respective partys individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (Class Action). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.

 

If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and Trueleach waive any right to a jury trial.

 

California Consumer Rights Notice: Under California Civil Code Section 1789.3, California users of the Services receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.

 

Users of the Services who are California residents and are under 18 years of age may request and obtain removal of User Content they posted by contacting us at: https://www.lemon8-app.com/h5/feoffline/report/copyright-infringement. All requests must be labeled "California Removal Request" on the email subject line. All requests must provide a description of the User Content you want to be removed and information reasonably sufficient to permit us to locate that User Content. We do not accept California Removal Requests via postal mail, telephone, or facsimile. We are not responsible for notices that are not labeled or sent properly, and we may not be able to respond if you do not provide adequate information.

 

Exports: You agree that you will not export or re-export, directly or indirectly the Services and/or other information or materials provided by Truelhereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a terrorist supportingcountry, or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List.

 

U.S. Government Restricted Rights: The Services and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.