TrustMint Terms of Service

These Terms of Service ("Terms") govern your access to and use of the TrustMint platform, website, and related services (collectively, the "Service") provided by TrustMint ("TrustMint," "we," "us," or "our"). Please read these Terms carefully. By creating an account, clicking to accept, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are entering into these Terms on behalf of a business, you represent that you have the authority to bind that business, and "you" refers to that business.

TrustMint is a business operated in Calgary, Alberta, Canada. You can reach us at:

• Email: dylan@trytrustmint.com
• Phone: +1 403 437 4181
• Mail: 523 48 Ave SW, Calgary, Alberta

"Customer" or "you" means the business or person that registers for and uses the Service.

"End Customer" means an individual whose contact information you provide to the Service and to whom review requests are sent (for example, your past or current customers).

"Contacts" means the End Customer records, including names, phone numbers, and email addresses, that you upload, import, or otherwise provide to the Service.

"Content" means any data, text, images, messaging templates, business information, and other material you submit to the Service.

TrustMint helps businesses collect online reviews. Core functions include importing your Contacts, sending review request messages by SMS on your behalf, sending automated follow up messages, tracking link clicks, retrieving and displaying your publicly available reviews, and providing analytics. The specific features available to you depend on your plan.

We provide the Service on a done for you basis, which means our team may perform setup, configuration, list uploads, and campaign launches on your behalf using access you grant us. You remain responsible for the Contacts and Content you provide and for the lawful use of the Service as described in these Terms.

To use the Service you must create an account and provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You must notify us promptly of any unauthorized use.

You must be at least the age of majority in your province, state, or territory and capable of forming a binding contract. The Service is intended for business use.

We may offer a free trial. Unless stated otherwise at signup, your trial lasts for the stated trial period beginning when your account is activated for sending. We require a valid payment method to start a trial. If you do not cancel before the trial ends, your paid subscription begins automatically and your payment method is charged for the plan you selected. We may modify or discontinue trial offers at any time.

Subscription plans. The Service is offered on recurring subscription plans. Plan prices, message or request volumes, and included features are described at signup and may be updated as described in Section 19.

Billing. By starting a paid subscription you authorize us and our payment processor to charge your payment method on a recurring basis (for example, monthly) until you cancel. Payments are processed by a third party payment processor (currently Stripe), and your use of that processing is subject to the processor's terms.

Taxes. Fees are exclusive of applicable taxes. You are responsible for any sales, use, GST, HST, or similar taxes, excluding taxes based on our net income.

No refunds. Except where required by applicable law, fees are non refundable, including for partial billing periods, unused message volume, or periods where you did not use the Service. We may, at our sole discretion, offer a refund or credit in individual cases.

Failed payments. If a payment fails, we may retry the charge and may suspend or terminate your access until payment is received.

Currency. Unless stated otherwise, fees are billed in the currency shown at checkout.

You may cancel your subscription at any time through your account settings or the billing portal. Cancellation stops future renewals. Your access continues until the end of the current billing period, and you will not be charged for subsequent periods. We do not provide prorated refunds for the current period except where required by law.

This section is important. The Service sends messages to your End Customers on your behalf. You are the sender of record for the content and audience of those messages, and you carry primary responsibility for the lawfulness of the messaging you direct through the Service.

You represent, warrant, and agree that:

a. Consent and relationship. You have the necessary consent, permission, or established business relationship to contact each End Customer whose information you provide, and to send them review request messages by SMS and any other channel you enable. You will not upload purchased, scraped, rented, or otherwise improperly obtained contact lists.

b. Legal compliance. Your use of the Service complies with all applicable laws and regulations governing electronic and text message communications, including, as applicable, Canada's Anti Spam Legislation (CASL), the United States Telephone Consumer Protection Act (TCPA) and CAN SPAM Act, and carrier and industry requirements such as A2P 10DLC registration and the CTIA messaging principles.

c. Opt outs. You will honor all opt out and unsubscribe requests. You acknowledge that the Service supports standard opt out keywords (such as STOP) and that once an End Customer opts out, you will not attempt to circumvent that opt out.

d. Accurate identification. You will not use the Service to send deceptive, misleading, or unlawful messages, and you will accurately identify your business.

e. Prohibited content. You will not use the Service to send messages relating to prohibited or restricted categories, including but not limited to unlawful content, harassment, hate, adult content, controlled substances, or any content prohibited by carriers or our messaging providers.

You are solely responsible for the message templates, sending frequency settings, and Contacts you configure or provide, whether you configure them yourself or ask us to configure them on your behalf based on your instructions. You will indemnify us for claims arising from your messaging as described in Section 15.

You agree not to:

• Use the Service in violation of any law or regulation, or the rights of any third party.
• Upload Contacts you do not have the right to contact.
• Send spam, unsolicited messages, or messages to recipients who have opted out.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent this restriction is prohibited by law.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted.
• Use the Service to build a competing product or to benchmark for a competitor.
• Use automated means to access the Service in a way that exceeds reasonable use or circumvents plan limits.

We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or harms other users, us, or third parties.

To provide the Service, you may grant us access to third party systems, such as your customer relationship management (CRM) or invoicing tools, and to your business information and review profiles. You represent that you have the right to grant this access. You authorize us to access, import, and process your Contacts and related data through these systems for the purpose of providing the Service. You may revoke access, though doing so may limit or stop the Service.

The Service helps you request and display reviews that appear on third party platforms such as Google. We do not control those platforms, their policies, their availability, or whether any review is published, filtered, or removed by them. You agree that:

• You will not use the Service to solicit, incentivize, or publish fake, misleading, or non genuine reviews, or to violate the review platform's policies.
• We do not and cannot guarantee any particular number of reviews, ratings, ranking, search placement, visibility, or business outcome.
• We do not remove, hide, suppress, or alter negative reviews, and we will not attempt to manipulate a review platform in violation of its rules.
• Review data displayed in the Service is retrieved from publicly available sources and may be delayed, incomplete, or inaccurate, and is provided for your convenience.

Our rights. We and our licensors own all rights, title, and interest in and to the Service, including all software, design, and content we provide, and all related intellectual property. These Terms do not grant you any rights in the Service except the limited right to use it as described here.

Your rights. You retain all rights in your Content and Contacts. You grant us a non exclusive, worldwide, royalty free license to host, use, copy, process, transmit, and display your Content and Contacts solely as needed to provide, maintain, and improve the Service and as otherwise permitted in these Terms and our Privacy Policy.

Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty free license to use it without restriction or obligation to you.

Our collection and use of personal information is described in our Privacy Policy. By using the Service you consent to that collection and use. With respect to End Customer personal information you provide, you are the party responsible for that information toward your End Customers, and we process it on your behalf and under your instructions to provide the Service. You are responsible for having any privacy notices and consents required for us to process that information on your behalf.

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error free, that messages will always be delivered, that reviews will be generated, or that any result will be achieved. Message delivery depends on carriers, third party providers, and recipients, which are outside our control. Any figures, benchmarks, or examples we provide regarding review volume or conversion are illustrative only and are not promises of results.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless TrustMint and its owners, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

• Your Content, Contacts, and message templates.
• Your use of the Service, including any messages sent through the Service at your direction or on your behalf.
• Your violation of these Terms or any law, including messaging, consent, privacy, and anti spam laws such as CASL, the TCPA, and the CAN SPAM Act.
• Your violation of the rights of any third party, including any End Customer or review platform.

This obligation survives termination of these Terms.

To the fullest extent permitted by law:

• Neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, arising out of or related to the Service or these Terms, even if advised of the possibility.
• Our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of the amount you paid us for the Service in the three months immediately before the event giving rise to the liability, or one hundred Canadian dollars (CAD 100).

Nothing in these Terms limits liability that cannot be limited by law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

Given the nature of the Service, you acknowledge that liability arising from messaging you direct to your End Customers, including any regulatory or third party claims relating to consent or anti spam law, rests with you as set out in Sections 8 and 15.

We may suspend or terminate your access to the Service, in whole or in part, if you breach these Terms, if your use poses a risk to us, other users, our providers, or third parties, if required by our messaging or payment providers, or if required by law. Where practical and appropriate, we will give notice.

You may stop using the Service and cancel at any time as described in Section 7.

On termination, your right to use the Service ends. We may delete your Content and Contacts after termination in accordance with our data retention practices and the Privacy Policy, subject to any legal retention obligations. Sections that by their nature should survive termination will survive, including Sections 6, 8, 12, 14, 15, 16, 18, and 20.

These Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable there, without regard to conflict of laws principles. Subject to any non waivable rights you have under applicable law, you agree that the courts located in Calgary, Alberta will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction.

If you are a consumer or a business located outside Canada, mandatory provisions of your local law may still apply to you.

We may modify, add, or discontinue features of the Service at any time. We may also update these Terms. If we make material changes, we will provide reasonable notice, for example by email or through the Service. Changes take effect on the date stated in the notice or, if none, when posted. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Service and may cancel.

We may change pricing. Price changes to your existing subscription will take effect on notice as described above, and typically at the start of your next billing period after the notice.

Entire agreement. These Terms, together with the Privacy Policy and any plan details presented at signup, are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.

Severability. If any provision is found unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

Relationship. The parties are independent contractors. These Terms do not create a partnership, agency, joint venture, or employment relationship.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including carrier or provider outages, internet failures, or acts of government.

Notices. We may send notices to the email associated with your account. You may send notices to us at dylan@trytrustmint.com.

Questions about these Terms can be sent to:

TrustMint
523 48 Ave SW, Calgary, Alberta
Email: dylan@trytrustmint.com
Phone: +1 403 437 4181