Last updated: Feb 24th, 2023
These Terms constitute a pact between Trimsy Inc., ("Trimsy," "we," "us," "our") and yourself. The expressions "you,""your," or "User" pertain to the individual or entity perusing, installing, downloading, accessing, or engaging with the Offerings ("use" or "using" within these Terms encompasses any of the aforementioned actions).
If you are an authorized user associated with an Organization Customer, Trimsy has established a distinct agreement ("Contract") with the Organization Customer to facilitate access and furnish its personnel with the ability to use the Services. The Contract encompasses our commitment to deliver the Services to the Organization Customer, who may then acquire user accounts for each individual authorized user.
In the event that you are an authorized user of an Organization Customer, you are explicitly prohibited from initiating or sustaining any claims against Trimsy, its partners, employees, officers, directors, affiliates, agents, contractors, successors, and assigns, as well as those of its affiliates, pertaining to any matters related to or associated with the subject matter of these Terms. It is pertinent to note that these Terms specifically pertain to the Services and do not in any manner modify the terms or conditions of any other agreement that may be applicable to your utilization of the Services, including the Contract.
Unless prohibited by applicable law, we retain the unilateral right to modify any aspect of these Terms at our discretion. In the event of such modifications, we will: (i) issue a notice on the Trimsy Platform and the Trimsy App, dispatch an email to you, and/or use any other necessary means as stipulated by applicable law; (ii) publish an updated version on the Trimsy Platform and the Trimsy App; and (iii) revise the "Last Updated" date at the commencement of these Terms. In certain instances, your consent may be required before further use of the Services is authorized in accordance with the updated Terms. Failure to agree to any such changes following notice will necessitate the cessation of your use of the Services. Otherwise, continued access to or use of the Services subsequent to modifications to these Terms will be construed as acceptance of the revised terms.
We retain the prerogative to modify the Services at any time without prior notification. At our discretion, we may suspend your access to or use of the Services or any of its components: (i) for scheduled maintenance; (ii) in response to any violation of these Terms; or (iii) to address emergent security concerns.
Periodic updates to third-party software may be required for seamless utilization of the Services.
To unlock specific features of the Services, you may need to successfully register for a user account using the provided service interfaces and choose a username and password as your login credentials ("User ID").
Should you opt for a User ID, it is imperative to maintain the security of your User ID and refrain from providing access to or sharing your User ID with any other individual.
You are obligated to furnish us with accurate, current, and complete information for your User ID. In the event that we have reason to believe or suspect that your information is inaccurate, outdated, or incomplete, we retain the right to deny or terminate your access to the Services.
We retain the discretion to deactivate any User ID assigned to you at any time. The disabling of access to a User ID may result in your inability to access the Services, either in part or in full.
To establish an Account, you will need to integrate your calendar(s). Additionally, specific features of the Services may be accessible using your account credentials from other platforms (collectively referred to as "Third-Party Accounts"). By connecting a Third-Party Account and utilizing the Services through it, you grant us permission to retrieve certain information, consistent with the settings of your Third-Party Account. You retain control over the extent of information accessible by adjusting these settings.
Trimsy is authorized to act upon instructions received through your account. Any actions or transactions conducted to or from your account by any third party using your User ID are not the responsibility of Trimsy. You bear sole responsibility for the use of your User ID and all activities associated with it. Without limiting any other rights we may have, we reserve the prerogative to take any necessary or reasonable actions to ensure the security of the Services and your account. This may include, but is not limited to, terminating your account and altering your password. You agree to assume responsibility for any actions or omissions of users accessing the Services under your User ID, which, if performed by you, would be considered a violation of these Terms.
When you use or view the Services or send emails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by email, instant messenger services, in the app or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By creating an account to access the Services, you acknowledge and agree that Trimsy will send you service-related emails relating to your account, including service updates. These communications can be managed through user features made available through the Services from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must stop using the Services. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided, or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
If you are a member of our mailing list you may also receive email communications from us regarding our products, services and initiatives. If you do not wish to receive these communications, you can unsubscribe from such promotional emails at any time by clicking on the unsubscribe link in any of our email communications.
By utilizing the Services, you grant us and our service providers, as well as their and our respective licensees, successors, and assigns, an irrevocable, global, non-exclusive, royalty-free, transferable, and sublicensable license to access, collect, store, and utilize any data, information, records, or files that you load, transmit to, or input into the Services ("User Data"). This license is granted to facilitate the development, improvement, and availability of the Services and to generate Aggregated Data, which refers to data, information, or other materials that are not linked to a specific individual or company.
We, along with our service providers and their and our respective licensees, successors, and assigns, retain the freedom to create, utilize, and disclose Aggregated Data during and after the Term for any purpose without any obligations.
By posting or publishing Content as a user on the Services ("User Submission"), you provide each user of the Services identified in the Services with a non-exclusive, perpetual license to access the User Submission through the Services. This license permits users to use, edit, modify, reproduce, distribute, prepare derivative works of, display, and perform the User Submission, even after the termination of your account or the Services.
We retain the right to, at our sole discretion and for any or no reason, remove, edit, limit, or block access to User Data and User Submissions. Additionally, we may disable or terminate your account, username, password, or any other identifier, whether chosen by you or provided by us.
You acknowledge that you, and not the Trimsy Parties (as defined below), bear full responsibility for all User Submissions. You are fully accountable, including to any third party, for the content and accuracy of such submissions. The Trimsy Parties are not accountable or legally liable to any third party for the content or accuracy of User Submissions made available on the Services by any user.
Subject to applicable law, Trimsy shall not be liable for any failure to store or the loss or corruption of your User Data.
You affirm and warrant that your User Data and User Submissions will solely contain Personal Information for which you have provided all necessary notices, disclosures, obtained applicable third-party consents and permissions, and have all authority as mandated by applicable laws to enable us to provide the Services.
You represent and warrant that: (a) you own or control the necessary rights in and to your User Data and User Submissions, including any intellectual property owned by third parties; and (b) you will not submit, upload, or make available via the Services any User Data that you do not have the rights necessary to use, transmit, publish, or grant the licenses described herein. Additionally, you will not submit data that infringes, misappropriates, or violates any intellectual property, publicity, or other rights of any third party, or breaches any applicable laws or these Terms.
The utilization of the Services or these Terms does not confer ownership of the Services or the Content accessed through the Services. Additionally, these Terms do not extend any rights to utilize Trimsy's trademarks or other brand elements. All rights, titles, and interests, encompassing intellectual property rights, in the Services, the source code in the software employed to deliver the Services (the "Software"), and all other materials provided by us under these Terms, along with any updates, adaptations, translations, customizations, or derivative works thereof, shall remain the exclusive property of Trimsy (or our third-party suppliers, if applicable).
The Services and all materials supplied under these Terms are made accessible to you and are not "sold."
The Software and all other materials provided under these Terms, including content made available through or in the Services, are protected by copyright in Canada, the United States, and other countries as per the Berne Convention. You are expressly prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring, or selling any of the Services, the Software, or other materials provided under these Terms. Additionally, you are prohibited from sharing or granting access to any third party for any purpose.
All rights that are not explicitly granted to you in these Terms are reserved by Trimsy
Subject to compliance with these Terms, we hereby provide you with a global, non-exclusive, non-transferable, non-sublicensable, and revocable license throughout the Term to utilize the Services. This license encompasses the ability to download and exhibit local Content exclusively for the purpose of using the Services, in adherence to these Terms.
You commit not to employ the Services in contravention of these Terms or any applicable law. Without our prior written consent, you shall not use the Services for any purpose other than accessing and utilizing the Services. Specifically, you shall not (directly or indirectly):
You bear sole responsibility for your interactions with other users of the Services, encompassing any communications exchanged through the Services.
While we endeavor to enforce the aforementioned Terms with all users, it is possible that you may encounter Content through the Services that violates our policies or is otherwise offensive. Your use of the Services is undertaken at your own risk. We retain the right, but are not obligated, to remove Content from the Services for any reason, including instances where we determine or suspect that such Content breaches these Terms. Our role is that of a passive conduit for distribution, and we disclaim any responsibility for your exposure to Content on the Services, irrespective of whether it violates our content policies. To the maximum extent permissible under applicable law, you hereby release us from all liability related to your acquisition or non-acquisition of Content through the Services.
We provide no assurance of the confidentiality of any communications initiated by you through the Services. Furthermore, we do not guarantee the security of data transmitted over the Internet or public networks concerning your use of the Services.
You acknowledge and agree that any suggestions or ideas provided by you, referred to as "Feedback," will not be treated as confidential. Nothing in these Terms shall impose restrictions on our right to utilize, derive benefit from, disclose, publish, or otherwise exploit any Feedback without compensating you or assuming any obligation to you.
You hereby grant us, our affiliates, and service providers, as well as their and our respective licensees, successors, and assigns, a fully paid-up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, translate, publicly perform, publicly display, import, sell, offer for sale, make, have made, derive revenue or other remuneration from, and otherwise exploit and disclose to third parties the Feedback in any form, media, or technology, whether known now or developed in the future. This grant extends to permitting others to do the same.
The grant of rights detailed above applies regardless of whether you provide the Feedback on the Services or through any other method of communication with us, unless a separate agreement has been entered into between us stipulating otherwise.
You expressly waive any claims, including but not limited to those based on invasion of privacy, defamation, or right of publicity, arising from any use, alteration, blurring, distortion, or use in composite form of any Feedback. Unless prohibited by law, you hereby waive, and agree to waive, any moral and author's rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
The downloading and viewing of Content through the Services are undertaken at your own risk. We do not assure or warrant that the Services are compatible with your computer system or mobile device. Additionally, we do not guarantee that the Services, or any links from the Services, will be free of viruses, worms, trojan horses, disabling devices, or other code that may exhibit contaminating or destructive properties.
You are responsible for implementing safeguards to ensure the security and integrity of your computer system and/or mobile device. Any service, repairs, or connections necessary for your computer system and/or mobile device resulting from your use of the Services are your responsibility, and you bear the entire cost associated with such services.
Certain jurisdictions, including Quebec, may not permit the exclusion or limitation of specific legal warranties, conditions, or representations. If such laws apply to you, some or all of the exclusions or limitations in these Terms, including the following disclaimers, may not be applicable, and you may possess additional rights. To the extent that, as a matter of applicable law, we cannot disclaim any implied warranty or condition, the extent and duration of such warranty or condition will be the minimum permitted under such applicable law.
To the fullest extent permitted by applicable law, you acknowledge, understand, and agree that the Services are provided "as is" and "as available," with all faults and without warranties or conditions of any kind. Except for any specific warranties provided or as otherwise mandated by law, we, to the fullest extent permitted by applicable law, disclaim all warranties, representations, and conditions of any kind concerning the Services. This includes, without limitation, any warranties and conditions of merchantability, quality, durability, compatibility, title, security, reliability, completeness, quiet enjoyment, accuracy, currency, timeliness, integration, fitness for a particular or general purpose, and non-infringement. Additionally, we disclaim any warranties or conditions arising out of the course of dealing or usage of trade, and any warranties or conditions that the Services are or will be error-free or will operate without interruption.
To the fullest extent permitted by applicable law, we disclaim all warranties, representations, and conditions of any kind regarding third-party communications and any third-party websites or content directly or indirectly accessed through the Services.
To the fullest extent permitted by applicable law, under no circumstances will we or our affiliates or our or their respective officers, directors, shareholders, employees, contractors, agents, licensors, licensees, and services providers, as well as any successors and assigns of the foregoing (collectively with Trimsy, the "Trimsy Parties"), be liable, whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, for any indirect, incidental, consequential, special, exemplary, or punitive damages. This includes, without limitation, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties, or other liabilities, regardless of whether we were advised or should have known of the possibility of such damages. Such damages may result from or be related to the Services or the inability to make use of the Services, or these Terms. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue the use of the Services.
To the fullest extent permitted by applicable law, in no event will our total aggregate liability in connection with or under these Terms, or your use of, or inability to make use of, the Trimsy Services, exceed $100 CAD. It is clarified that the existence of one or more claims under these Terms will not increase this maximum liability amount.
Without limiting the foregoing, under no circumstances will any of the Trimsy Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control. This includes, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
You agree to defend, indemnify, and hold harmless the Trimsy Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature, including reasonable legal and accounting fees. This indemnification is arising out of or in connection with:
Trimsy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you will fully cooperate with us in asserting any available defenses. You acknowledge and agree that the provisions in this section will survive any termination of your account, the Terms, or your access to the Services.
If you choose to subscribe to a paid Trimsy account, you are required to furnish Trimsy or, if applicable, a third-party payment processor ("Payment Processor") with the necessary information to process your payment, including billing details. The payment processing is subject to the terms, conditions, and privacy policies of the Payment Processor, if any, in addition to these Terms. We are not accountable for any errors, acts, or omissions of any Payment Processor.
Upon submitting your payment information to us or the Payment Processor, you grant authorization for us or the Payment Processor to charge the applicable payment method at our or their convenience (within thirty (30) days of credit card authorization). You affirm that you will not use any credit card or payment method without proper authorization. Payment terms will be based on your selected payment provider and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen payment method. Failure to receive payment from you, whether through the Payment Processor or otherwise, obliges you to settle all amounts due on your billing account upon demand.
You are obligated to provide current, complete, and accurate information for your billing account. Promptly updating all information, including changes in billing address, credit card number, or expiration date, is essential. You must notify us or the Payment Processor promptly if your payment method is canceled (e.g., due to loss or theft) or if you suspect a potential security breach, such as the unauthorized disclosure or use of your username or password. Changes to this information can be made in your account settings. Failure to provide this information authorizes us to continue charging you for any use of paid services under your billing account.
If the amount charged to your billing account differs from the preauthorized amount (except due to the imposition or change in the amount of applicable sales taxes), you have the right to receive, and we will provide, notice of the amount and the date of the charge before the scheduled transaction date. Your agreement with your payment provider will govern your use of the chosen payment method. You agree that we may aggregate charges incurred and submit them as one or more transactions during or at the end of each billing cycle.
These Terms become effective on the day of your initial use of the Services and will remain in force until the earlier of (a) termination by either party as per the provisions of these Terms, or (b) the termination or expiration of the Contract (referred to as the "Term"). We reserve the right to terminate these Terms at any time and with immediate effect by providing notice to you or the Organization Customer through email or the Services, at our discretion. You have the option to terminate these Terms at any time and with immediate effect by reaching out to us and making such a request or by deleting your account in the account settings. If you continue to use any publicly available portion of the Services after the termination of these Terms, they will still apply to the extent of such use.
The following Sections, along with any other provision explicitly or inherently surviving termination or expiration, or contemplating performance or observance subsequent to termination or expiration, will endure the expiration or termination of these Terms for any reason: Sections 5 (User Data and User Submission), 6 (Ownership of the Services), 11 (Communications Not Confidential), 13 (Malicious Code and Security), 14 (Disclaimer), 15 (Limitation of Liability), 16 (Indemnification), 18(b) (Survival), and 19 (General Provisions).
Except as limited by applicable law, these Terms will be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to any conflicts of law principles. These laws apply to your access to or use of the Services, regardless of your domicile, residency, or physical location. You may only use the Services in jurisdictions where the Services can lawfully be used. Except as restricted by applicable law, you consent to the exclusive jurisdiction and venue of courts in Vancouver, British Columbia, for all disputes arising out of or related to the use of the Services. The U.N. Convention on Contracts for the International Sale of Goods will not apply to these Terms. This choice of jurisdiction does not preclude us from seeking injunctive relief regarding a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.
These Terms constitute the entire agreement between you and us regarding the subject matter and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us concerning the Services. A printed version of these Terms and any notice provided in electronic form will be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records initially generated and maintained in printed form.
Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. A waiver of any provision of these Terms must be in writing, and a waiver in one instance will not preclude enforcement of such provision on other occasions.
If any provision in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, that provision will be severed from these Terms, and all other provisions will remain in full force and effect
You may not assign these Terms to any third party without our prior written consent. We reserve the right to assign these Terms or any rights under these Terms to any third party without your consent. Any attempted assignment, subcontract, delegation, or transfer in violation of this section will be null and void. The terms of these Terms will be binding upon permitted assignees. These Terms will inure to the benefit of and be binding upon the parties, their permitted successors, and permitted assignees.
If you believe that Trimsy has not adhered to these Terms, please contact Trimsy using the contact information provided below. We will make efforts to address your concerns. If you feel that your complaint has not been fully addressed, you are encouraged to inform us for further investigation.
It is the explicit desire of the parties that these Terms and all related documents be written in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.