Trinsic Technologies Inc. Terms of Service

In these Terms of Service (hereafter “Agreement” or “Terms”), “we,”“us,”“our” or “Trinsic” will refer collectively to Streetcred ID Inc., and the terms “you,”“your” and “Customer” will refer to you. 

“Services” herein shall refer to any website, application (web, mobile, desktop, or otherwise), APIs, or other cloud-based services that we host on your behalf.  

You need to accept this agreement to use our services. 

Unless you work for a company that has negotiated a separate written agreement with us, these are the terms that apply to your use of our services and apps. You should read them.  

As a heads up, you should check out Section 12 because it limits our liability to you if something goes wrong. 

Another heads up, if we get into a dispute, we’ll have to figure it out in arbitration; see section 16 for more details. 

To use the Services, you must review and accept these Terms by checking the “I Accept” box during account creation or other mechanism provided. If you are using the Services on behalf of an organization, then you are agreeing to these Terms for that organization and promising to Trinsic that you have the authority to bind that organization to these Terms (and, in which case, the terms “you” and “your” or “Customer” will refer to that organization). The exception to this is if that organization has a separate written agreement with Trinsic covering the use of the Services, in which case that agreement will govern such use.  

PLEASE REVIEW THESE TERMS CAREFULLY. ONCE ACCEPTED, THESE TERMS BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU AND TRINSIC. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT CLICK THE “I ACCEPT” OR “GET STARTED” BUTTON AND YOU SHOULD NOT USE THE SERVICES. 

IMPORTANT NOTE: THESE TERMS LIMIT OUR LIABILITY TO YOU. For more details, see Section 12.  

IN ADDITION, DISPUTES REELATED TO TERMS OR RELATED TO YOUR USE OF THEE SERVICEES GENERALLY MUST BE RESOLVED BY BINDING ARBITRATION AND ON AN INDIVIDUAL BASIS ONLY. For more details, see Section 16. 

You represent and warrant that if you are using the Services to access immutable data stores, including but not limited to a blockchain or distributed ledger, you will adhere to all contracts, agreements, and terms associated with the network to which you are interacting.  a 

In addition, you agree that, to the extent you are submitting transactions to a public, immutable data store, including but not limited to a public blockchain or distributed ledger, you will not use the Services to submit transactions containing personal data (defined as information that relates, directly or indirectly, to a data subject, including without limitation, names, email addresses, postal addresses, identification numbers, location data, online identifiers or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of the data subject) or any form of personally identifiable information.  

If you want to use the Services, you’ll need to create an account. As a part of that process, we’ll collect some information, like your email address. Make sure the email address you give is accurate, because that’s the way we’ll communicate important things to you. 

You’re responsible for anything that is done using your account – even if you didn’t authorize it. That means you should take necessary precautions to safeguard your password(s). You’re also responsible to take care of consumer data in the applications you build in accordance with applicable regulations, and for anything that your end users do with the apps you build with our tech. 

We want to make our services available for you to use 24/7, but things happen that occasionally (very occasionally) make our services unavailable. If our services are ever available less than 99.9% of the time, then we will give you part of your money back. 

We’re based in the USA. Therefore, we need to make sure you agree to follow US export and sanctions laws.  

The US Government publishes lists of people and organizations that US companies aren’t allowed to do business with. You have to swear you’re not one of those people or organizations. 

You agree to pay fees in accordance with the rates listed at www.trinsic.id/pricing unless otherwise set forth in an order form or order confirmation between the parties. 

Please pay us for the service we provide you. If you don’t, we might charge a late fee and/or suspend our service. We’re not responsible for unfortunate consequences of our suspending your service. 

If you think we charged you the wrong amount, you can dispute it with us in writing within 30 days of the billing date of the charge in question. 

If you elect to pay via credit card, then you agree to our automatic recurring monthly (or annual) charge. If you request to receive invoices, and we approve your request, invoices will be sent via email as a PDF on a monthly basis. You will make payment within 15 days of the date of the invoice unless the parties agree to other terms in writing.  

If you are overdue on any payment of undisputed fees and fail to pay within 10 business days of a written notice of your overdue payment, then we may apply a late fee of either 1.5% per month (or the maximum allowed by applicable law, whichever is less). We reserve the right to suspend the services until you pay the undisputed fees plus any late fees. 

If we suspend the Services pursuant to this Section, then we will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with connection with any such suspension. 

You must notify us in writing if you wish to dispute any portion of any fees paid or payable by you pursuant to these Terms. You must provide that written notice to us within thirty (30) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly. 

“Confidential Information” means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. Confidential Information does not include any information which: (a) is publicly available through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person without violation of the disclosing party’s rights; or (d) is independently developed by the receiving party without use of or reference to the Confidential Information of the disclosing party.  

The receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with these Terms and it will not disclose such Confidential Information to any third party without the disclosing party’s prior written consent, except as otherwise permitted hereunder; provided, however, subject to our Privacy Policy, we may use and disclose your Confidential Information as necessary to provide the Services, if applicable. The receiving party agrees to exercise due care in protecting Confidential Information of the disclosing party from unauthorized use and disclosure. The receiving party may disclose the Confidential Information of the disclosing party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors, who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. The receiving party may disclose the Confidential Information of the disclosing party as required by applicable Law provided that, prior to any such compelled disclosure, the receiving party will, if permissible: (a) promptly notify the disclosing party in writing to allow the disclosing party a reasonable opportunity to resist such disclosure and/or seek a protective order, and (b) reasonably cooperate with the disclosing party in protecting against any such disclosure and/or obtaining a protective order narrowing the scope of such disclosure. In the event that such protection against disclosure is not obtained, the receiving party will be entitled to disclose the Confidential Information of the disclosing party, but only as and to the extent necessary to legally comply with such compelled disclosure. 

Except for any of our explicit warranties in this section and our commitments in these terms, we are offering our services “as is.” 

Also, we are not responsible for and have no liability for sensitive data (SSN, health information, etc) you or your affiliated end users choose to send through our services. 

WITHOUT LIMITING OUR EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, WE HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES RELATED TO THIRD-PARTY EQUIPMENT, MATERIAL, SERVICES, OR SOFTWARE. EXCEPT FOR OUR EXPRESS WARRANTIES SET FORTH IN THIS SECTION AND OUR OBLIGATIONS SET FORTH IN THESE TERMS, THE SERVICES ARE PROVIDED “AS IS” TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT SUCH DISCLAIMER CONFLICTS WITH APPLICABLE LAW, THE SCOPE AND DURATION OF ANY APPLICABLE WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. TRINSIC WILL NOT BE LIABLE, AND WILL HAVE NO OBLIGATION TO INDEMNIFY YOU FOR SENSITIVE DATA (AS DEFINED BELOW) SENT TO TRINSIC OR THROUGH THE SERVICES PROVIDED THEREBY.  

“Sensitive Data” shall mean (a) social security number, passport number, driver’s license number, or similar identifier (or any portion thereof); (b) credit or debit card number (other than the truncated (last four digits) of a credit or debit card), financial information, banking account numbers or passwords; (c) employment, financial, genetic, biometric or health information; (d) racial, ethnic, political or religious affiliation, trade union membership, or information about sexual life or sexual orientation; (e) account passwords, mother’s maiden name, or date of birth; (f) criminal history; or (g) any other information or combinations of information that falls within the definition of “special categories of data” under GDPR or any other applicable Law relating to privacy and data protection. 

If your use of the Services has become, or in our opinion is likely to become, the subject of any Infringement Claim, we may at our option and expense: (a) procure for you the right to continue using the Services as set forth herein; (b) modify the Services to make them non-infringing; or (c) if the foregoing options are not reasonably practicable, terminate these Terms and refund you any unused pre-paid fees.  

This Section represents your exclusive remedy, for any Claim by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates a third party copyright, trade secret, trademark or patent. 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT DAMAGES, COSTS OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID OR PAYABLE BY YOU DURING THE TWELVE (12) MONTHS PRECEDING THE INCIDENT OR CLAIM. THIS SECTION SHALL NOT LIMIT YOUR LIABILITY ARISING FROM YOUR BREACH OF THIS AGREEMENT OR EITHER PARTY’S INDEMNIFICATION OBLIGATIONS PURSUANT TO THESE TERMS. 

THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS PURSUANT TO THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. 

Either we or you may terminate these terms after one of us tells the other in writing.  

If you breach these terms and don’t fix the breach within 5 days, we may terminate these terms. Same goes for us.  

We can suspend our services for several reasons in addition to breach of these terms, which are outlined in this section. 

We will do our best to let you know if we need to suspend your account but can’t guarantee it. But we’ll strive to remedy the situation before we take drastic measures like suspending your account. 

Either party may terminate these Terms and access to the Services for any reason upon thirty (30) days written notice to the other party. Trinsic, at its sole discretion, may terminate these Terms and access to the Services in the event you commit any material breach of these Terms and fail to remedy that breach within five (5) days after we provide written notice of that breach to you. You may also terminate these Terms in the event we commit a material breach of these Terms and fail to remedy that breach within five (5) days after providing written notice of that breach to us.  

In addition to suspension of the Services for non-payment of fees as described in this agreement, we may also suspend the Services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) our Acceptable Use Policy or Privacy Policy; (b) there is reason to believe the traffic created from your use of the Services or your use of the Services is fraudulent or negatively impacting the operating capability of the Services; (c) we determine, in our sole discretion, that providing the Services is prohibited by applicable Law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Services; or (d) subject to applicable Law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets or change of control, a failure to continue business, assignment for the benefit of creditors, or if you become the subject of bankruptcy or similar proceeding. We will use commercially reasonable efforts to (x) provide you as much prior notice as possible of any situation that we are aware of that could lead to a right to suspend described in this paragraph, (y) work with you to remedy any situation that could lead to a right to suspend described in this paragraph if such situation can be remedied, and (z) limit any suspension as much a possible given the circumstances leading to the suspension. 

Both you and Trinsic will comply with the applicable laws and regulations relating to each of our respective activities pursuant to these Terms. 

If a dispute cannot be resolved through our support team, you or any of your affiliates on one hand and Trinsic and any of our affiliates on the other hand, all agree to resolve any dispute relating to these Terms or in relation to the Services by binding arbitration in New York, NY, or in another location that we have both agreed to.  

This applies to all claims under any legal theory, unless the claim fits in one of the exceptions below. This also applies even after you have stopped using the Services. If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.  

Pursuant to this Section 16 (Agreement to Arbitrate), you understand that you and your affiliates and Twilio and its affiliates are giving up the right to have a judge and/or jury resolve any controversy or claim arising out of or relating to these Terms or the Services. 

Now that we’ve established we’ll use arbitration instead of courts, there are some exceptions like IP disputes and breaking of our acceptable use policy. 

If the case is a small claim, we don’t have to arbitrate that. 

You and your affiliates on one hand, and Trinsic and its affiliates on the other hand, agree that we will go to court to resolve disputes relating to: (i) your, your affiliates’, our or our affiliates’ intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents); or (ii) your violation of our Acceptable Use Policy.  

Also, any of us can bring a claim in small claims court either in New York, NY, or the county where you live, or some other place we both agree on, if it qualifies to be brought in that court. In addition, if any of us brings a claim in court that should be arbitrated or any of us refuses to arbitrate a claim that should be arbitrated, the other of us can ask a court to force us to go to arbitration to resolve the claim (i.e., compel arbitration). Any of us may also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.