Terms of Service
Effective Date: November 1, 2022
Trujay, LLC -- Terms of Service
The following terms and conditions (“Terms of Service”) govern the usage of content available at or through Trujay website ( “Website” ) and Trujay service ( “Service” ), owned and operated by Trujay, LLC. Violation of any of the terms below will result in the termination of your account relating to Trujay service ( “Account” ). It is highly recommended that you read these Terms of Service before using the Service.
1. General Terms
1.1. ACCEPTANCE OF TERMS
1.1.2. The failure of Trujay, LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service incorporate the entire agreement between you and Trujay, LLC and govern your use of the Service, superseding any prior agreements between you and Trujay, LLC (including, but not limited to, any prior versions of the Terms of Service).
1.2. MODIFICATION OF TERMS
1.2.1. Trujay, LLC reserves the right to temporarily or permanently modify or discontinue these Terms of Service at any time, with or without notice. Any modifications, such as augmentation or enhancement of the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service shall constitute acceptance of the Terms of Service as modified.
1.3. COPYRIGHT AND CONTENT OWNERSHIP
1.3.1. We claim no intellectual property rights over the data you provide to the Service. Your profile and data uploaded remain yours. When taking part in surveys or providing testimonials, you agree to allow Trujay, LLC to publish the Data without your prior consent.
1.3.2. Trujay does not pre-screen Data, but Trujay, LLC and its designee have the right (but not the obligation), in their sole discretion to refuse or remove any Data that is available via the Service.
2. SERVICE SPECIFIC TERMS
2.1. ACCEPTANCE OF SERVICE
2.1.1. Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
2.1.2. While Trujay, LLC prohibits offensive conduct and content on the website and Service, you understand and agree that Trujay cannot be held responsible for the information you might be exposed to.
2.1.3. You understand that Trujay, LLC uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2.1.4. You understand that the technical processing and transmission of the Service, including your Data, may be transferred unencrypted and involve:
I) Transmissions over various networks;
II) Changes to conform and adapt to technical requirements of connecting networks or devices. This does not include payment information, which is transferred encrypted.
2.1.5. You expressly understand and agree that Trujay, LLC shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible losses (even if Trujay has been advised of the possibility of such damages) resulting from:
I) The use or the inability to use the service;
II) The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
III) Unauthorized access to or alteration of your transmissions or data; IV) Statements or conduct of any third party on the service.
2.1.6. Trujay, LLC does not warrant that the Service will meet your specific requirements, be uninterrupted or error-free.
2.2. MODIFICATION OF SERVICE
2.2.1. Trujay, LLC reserves the right to modify or terminate the Service for any reason, without notice at any time.
2.2.2. We may, but have no obligation to, remove Data and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
2.2.3. All prices on the Service are subject to change without prior notice from Trujay, LLC. If such notice is due, it may or may not be provided at any time by Trujay, LLC or the Service itself.
2.2.4. Trujay, LLC shall not be liable to you or to any third party for any modifications, price change, suspension or discontinuance of the Service.
2.3. USER OBLIGATIONS
2.3.1. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Trujay, LLC as a company, or any other Trujay, LLC service or product.
2.3.2. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, usage of the Service, or access to the Service without written permission from Trujay, LLC.
2.3.3. You must not upload, post, host, or transmit unsolicited e-mail, SMS, or “spam” messages through or to the Service, or on the Website.
2.3.4. You must not transmit any worms or viruses or any code of a destructive nature through the Service or Website.
2.3.5. If you become aware of any issues with the Service that result in the improper functioning of the Service, you are bound to inform Trujay, LLC instantly. If no such notice is provided, the Service cannot be held responsible for the due consequences.
2.3.6. Trujay, LLC guarantees the highest Service security standards; therefore you are obliged to follow the highest level of security and control of any third parties or hostile software on your part. Any kind of in observance of the rules will result in our inability to provide with high-level service, for which Trujay, LLC shall not be held responsible.
2.4. ACCOUNT TERMS
2.4.1. When registering a new Account you are bound to meet the following terms:
I) You must be 18 years or older to use the website
II) You must be a human. Accounts registered by “bots” or other automated methods are not permitted
III) You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process and provide all the necessary details to the support center
IV) You are responsible for maintaining the security of your Account and the accompanying password (the “Password”). Trujay, LLC cannot and will not be liable for any loss or damage from your failure to comply with this security obligation
V) You are responsible for all the Data posted and activity that occurs under your account
VII) You may not use your Account for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws)
2.4.2. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Trujay customer, employee, member, or officer will result in the immediate Account termination.
2.4.3. Trujay, LLC in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Trujay service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to the Account, and the forfeiture and relinquishment of all Content in your Account. Trujay reserves the right to refuse service to anyone for any reason at any time.
2.4.4. By providing Trujay with the Account information for any of your websites, you’re agreeing to allow Trujay to log in to your account, view all account information, modify any other settings deemed necessary for automated interaction and otherwise the compatibility with the Service and/or send a data to/from the website on your behalf. Trujay, LLC does not know, keep or in any other manner get full access to your login and password information, but can only access your Account with your sole permission.
2.4.5. By registering an Account at Trujay, LLC website, you agree to occasionally receive newsletters, updates, information and notices, etc. with information that we deem to be of
interest to the authorized users of Trujay. If you do not want to receive newsletters and updates, you may unsubscribe any time based on your wish.
2.4.6. A breach or violation of any of the Account Terms as determined in the sole discretion of Trujay will result in an immediate Account termination.
2.5. SUPPORT TERMS
2.5.1. Technical support is available via email or live chat. Guaranteed response period is 24 hours (business days). Actual response period may vary.
2.5.2. Complaints about the accuracy of migrated data can be accepted within 30 days after Full Migration was completed. During this period, emergence, change, or destruction of data in the database can take place due to website usage. All these changes may distort the results of the migration. Therefore, Trujay must not be held responsible for any of the above-mentioned issues.
2.5.4. You must provide a timely response to the requests made by the Service Support Team. If no response is provided on your side, the issue in question shall be considered exhausted. In this case, we reserve the right to act on the problem using our own judgment or based on the previous agreement.
2.6. MIGRATION TERMS
2.6.1. The Service does not guarantee proper migration of the custom data, fields or information handled by third-party modules and/or contributions. Trujay, LLC supports standard CRM database schemes by default.
2.6.2. The Service does not guarantee the proper presentation of the migrated data on CRM using customized themes/templates. The data will be properly displayed only on default themes.
2.6.3. Custom data/fields can be included in the migration process on customer’s demand for an additional charge. On this end, you need to send your request to firstname.lastname@example.org.
2.6.4. The Service does not guarantee a proper and full migration of your CRM data, if you change anything in the target CRM or import any data by yourself, use other migration tools, at the same time when our technicians provide your data import.
2.7. PAYMENT AND REFUND TERMS
2.7.1. All prices for the Service are provided in US currency (USD).
2.7.2. CRM migration is a one-time SaaS license and/or service (one migration for one SaaS and/or service fee), in some cases a SaaS fee, and in some cases additional service fees.
2.7.3. The Service is billed in advance and is non-refundable.
2.7.4. Trujay, LLC provides full 100% refund if there are any major technical issues with migrated data due to our fault, this has been verified and confirmed by Trujay engineers and can’t be resolved within 5 business days since the first report by customer. After the refund is made Trujay stops taking any actions regarding refunded migration. Note: Trujay does not provide refunds for the commission of money transfer. The commission can vary depending on the payment method and the country of the payer.
2.7.5. Trujay, LLC does not provide refunds if Trujay tech engineers do not investigate any kind of issues with the Service.
2.7.6. Trujay, LLC does not provide refunds for Assisted Migration Service. 2.7.7. Trujay does not provide refunds for custom data migrations.
2.7.8. After the Service is completely provided only partial refunds (up to 30%) are possible since computing resources were already consumed.
2.7.9. After the full refund was issued the customer is obligated to delete all the migrated data, including images, MySQL dumps, CSV/XML files or backups, that contain these files.
2.7.10. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for the payment of all additional financial contributions, excluding only United States (federal or state) taxes.
3. PRIVACY & DATA PROCESSING
3.1. Data Privacy Agreement. To the extent Customer Content that includes Personal Information is sent by Customer through the Application Services and Customer’s use of the Application Services involves transferring Personal Information outside the European Economic Area or Switzerland to any country not deemed by the European Commission as providing an adequate level of protection for personal data, the terms of the Data Processing Agreement found at https://trujay.com/wp-content/uploads/2021/09/Data-Processing-Agreement.pdf shall apply to such Personal Information and be incorporated into the Agreement. The Trujay, LLC GDPR Data Processing Agreement applies automatically to all users globally who register or sign NDA or an Account for it to comply with the GDPR. Under no circumstances will Trujay, LLC be deemed a “data controller” or a “business” with respect to Customer Content under the Regulation EU 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation”), the California Consumer Privacy Act of 2018, or any relevant or replacement law or regulation. “Personal Information” means any Customer Content processed by Trujay, LLC pursuant to the Agreement, relating to an identified or identifiable natural person or household; where an “identifiable natural person” means an individual who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to the individual’s physical, physiological, mental, economic, cultural or social identity.
4. HUBSPOT ADMIN PROGRAM
4.1. Description of Service
4.1.1. The Service is an online service that offers email support to operators of HubSpot. Services include but are not limited to, any service and/or content Trujay, LLC makes available to or performs for you, as well as the offering of any materials displayed, transmitted, or performed on the Website or through the Services.
4.1.2 Your access to and use of the Website and/or Service may be interrupted from time to time as a result of equipment malfunction, updating, maintenance, or repair of the Website and/or Service or any other reason within or outside the control of Trujay, LLC. Trujay, LLC reserves the right to amend, suspend or discontinue the availability of the Website and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
4.2.1. You agree to pay the fees, in such amount and for such billing frequency as specified within the Stripe Payment link, in full prior to any obligation of Trujay, LLC to perform under this Agreement. You further agree that, upon registering for the services through the Website, you authorize Trujay, LLC to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Trujay, LLC through information provided to you in the Stripe Payment Link. Your account and access to the services provided via Trujay, LLC may be suspended in the event of non-payment of applicable fees. You represent and warrant to Trujay, LLC that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
4.2.2 Your total price will include the price of the service but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
4.2.3 Prices for the Services may change at any time at Trujay, LLC’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
4.3 Use of Services
4.3.1. You agree not to access the Service by any means other than through software that is acceptable to Trujay, LLC. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
4.3.2 You hereby expressly and irrevocably release and forever discharge Trujay, LLC, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Website and the Services.
4.3.3 You hereby agree to indemnify and hold harmless Trujay, LLC, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Trujay, LLC Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
4.4 Limitation of Liability
4.4.1 In no event shall Trujay, LLC be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
4.4.2 Trujay, LLC, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY AND OUR SOLE LIABILITY SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY TRUJAY, LLC OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
4.5 Support Requests & Reasonable Use
4.5.1 Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. You will receive the email at the start of the service.
4.5.2 There’s no limit to the number of requests you can send us. The allowances are:
- Launch = Up to 3 tasks
- Fly = 1 task at a time
- Soar = 3 tasks at a time
4.5.3 The term “unlimited” refers means that 1 task will be delivered at a time. If you send 100s of tasks our way, the limiting factor will be turnaround time. This goes for the sheer volume of tasks, and the complexity of each task. When the task is complete we will set it as resolved but you need to close the task or tell us to close the task for us to start on the next available task that may be in the queue.
4.5.4 So to get the most out of Trujay, LLC, make sure you have provided all the information and content needed to complete the tasks in time.
4.5.5 Trujay, LLC does not provide any guarantee either express or implied on the timeframe of when a support request can or will be resolved. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time-sensitive requests.
4.5.6 You, the client, are responsible to use Trujay, LLC Service after payment.
4.5.7 Unused tasks do not rollover to the next month.
4.6 Third-Party Materials
4.6.1 Certain services available may include materials from third parties. Trujay, LLC may provide links to third-party websites as a convenience to you. You agree that Trujay, LLC is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Trujay, LLC is not in any way responsible for any such use by you.
4.7 Termination & Cancellation
4.7.1 Cancellation can occur at any time. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
4.7.2 Trujay, LLC may terminate or suspend any and all Services and/or your HubSpot Admin Program account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease.
4.7.3 If you wish to terminate or suspend your subscription you must do so via the client portal.
4.7.4 Once canceled your subscription will run until the next billing cycle.
4.7.5 No other cancellation method will be accepted.
4.7.6 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
4.8.1 Trujay, LLC reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Trujay, LLC will amend the terms on the site. What constitutes a material change will be determined at Trujay, LLC’s sole discretion.
4.8.2 You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
4.9.1 No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Trujay, LLC in any respect whatsoever.
4.9.2 The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Trujay, LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Trujay, LLC’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
4.9.3 If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
4.9.4 Trujay, LLC may transfer, assign or delegate the Terms and its rights and obligations without your consent.
4.9.5 The Terms shall be governed by and construed in accordance with the laws of The United States of America.
4.9.6 Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.