Punchpass Terms of Use

1. Definitions

Punchpass provides a platform for managing business operations through its service and website. "Site" refers to punchpass.com and all services offered there. "We," "us," or "our" means Trillo, Inc., a Vermont S-corporation. "Your content" or "content" means any text, sound, files, graphics or other material posted, uploaded, protected, or sold on the site. "Punchpass content" refers to copyrightable material owned by Punchpass. "Terms" means these terms of service.

2. Accepting these terms

Read these terms before using the site. Not agreeing means you cannot register. Material changes will be communicated via site or email. If you disagree with changes, request account cancellation at support@punchpass.com within ten days; otherwise revised terms apply. The Data Processing Addendum under the EU General Data Protection Regulation forms part of these Terms.

3. Permitted users & Child Personal Information

Punchpass is designed for adults thirteen years or older. Parents may enter personal information about their children only to facilitate service use. Minimum collection includes first name; parents may also provide last name, date of birth, and general business information.

By entering child information, you consent to secure storage and sharing with specified businesses, and confirm parental authority. Report suspected child information under thirteen not added by parents to support@punchpass.com. Using the site represents warranty of legal capacity to form binding contract.

4. Copyright and intellectual property

You retain ownership of uploaded content. By posting, uploading, or sharing content, you grant a non-exclusive, sub-licensable, royalty-free, worldwide license to access, use, and display content in connection with the site and services. This permits service performance—such as storing content on redundant servers—but does not permit selling content to advertisers or transferring copyright. The license ends upon content or account deletion.

For video uploads: "by uploading a video you grant Punchpass permission to: Stream the video to your users; Embed the video on Punchpass; Transcode the video to compress its size for hosting." These permissions apply to service providers facilitating upload, hosting, and distribution until content deletion.

You agree not to reproduce, publish, or distribute content infringing third-party trademark, copyright, patent, trade secret, publicity, privacy, or other rights.

All Punchpass content, selection, compilation, arrangement, presentation, and overall design are copyrighted and protected by US and international laws. Use without express prior written permission is prohibited.

"Punchpass.com, Punchpass, and the Punchpass logo are trademarks or registered trademarks of Trillo, Inc." Trademarks cannot be used with any product or service without express written permission.

All custom development, data, or materials generated by Punchpass in connection with the site—including responses to custom development requests, integration services, suggestions, enhancements, recommendations, or feedback—become Punchpass property. Rights not directly vesting in Punchpass are assigned to it without further consideration. Where assignment is legally prohibited, Punchpass receives a royalty-free, worldwide, transferable, sub-licenseable, irrevocable, perpetual license.

5. Punchpass rules

Ground rules prohibit:

• Threatening violence
• Using hateful, abusive, harassing, libelous, or obscene language
• Uploading material infringing copyright, trademark, trade secret, privacy, or property rights
• Distributing material promoting illegal activity, constituting criminal offense, creating civil liability, or violating applicable law
• Uploading material promoting racism, bigotry, hatred, or physical harm against groups or individuals
• Distributing defamatory, inaccurate, abusive, profane, child pornographic, offensive, or obscene material
• Uploading video, audio, photographs, or images of others without permission (or guardian permission for minors)
• Sending spam, chain letters, junk mail, or unsolicited mass email
• Distributing viruses or harmful files
• Using another person's account
• Disrupting site security or abusing servers/networks
• Attempting unauthorized access
• Impersonating others
• Making the site available to unauthorized persons/entities
• Copying, reverse engineering, decompiling, disassembling code or discovering source code
• Modifying the site or combining it with unapproved software/services
• Sharing inappropriate content with minors or allowing minor access
• Systematically harvesting data or programmatically registering accounts
• Violating laws regarding technical data transmission from the United States or applicable local, state, national, and international laws

Violations result in removal of material, account limitation, or termination at Punchpass's sole discretion.

6. Account and Password

You maintain login confidentiality and are responsible for all account access activity, whether authorized or not. Immediately notify of unauthorized use. Punchpass is not responsible for password theft losses and has no access to current passwords, only initiating password reset. You're liable for non-compliance failures.

Punchpass does not arbitrate account ownership disputes. Resolve account-related disputes directly with other parties. Ownership is determined by Punchpass review of correspondence and activity.

7. Monthly Payment Plans

Valid credit card information is required after free trial expiration. Authorization to deduct monthly charges continues while balances exist. Replace any non-processing card information. Credit card users represent and warrant authorization and acceptance of charges without rejection.

If processing fails, Punchpass contacts via email and suspends the account until payment processes. Payments are due on the same or closest date to the original first monthly payment.

Plan upgrades require higher-level payment by the next pay date. Refunds are provided for prepaid months if Punchpass stops providing services for reasons outside these terms. No other refund circumstances apply.

Fees are posted on the website and may change anytime through website posting or email notification.

8. Canceling your account

Cancel anytime by contacting via web messaging from verified email profile or emailing support@punchpass.com from verified email. Cancellation requests not from verified email are not honored to protect accounts.

Accounts with 12+ months inactivity may be treated as inactive and canceled with permanent data deletion. Punchpass may suspend service anytime, with or without cause, and cancel accounts.

Data may be deleted 60 days after cancellation, though it may remain. Offsite and log file backups may retain data for up to one year before automatic deletion.

9. Disclaimer of warranties

Punchpass strives to prevent service interruptions and be good data stewards. However, "the site and our services are provided on an 'as is' and 'as available' basis." All warranties—express or implied—including merchantability, fitness for particular purpose, or non-infringement are disclaimed. No warranty exists that the site will meet requirements, provide uninterrupted, timely, secure, or error-free service, or that defects will be corrected. You obtain content/services at your own discretion and risk.

10. Limitations of liability

Punchpass is not liable for direct, indirect, incidental, special, or consequential damages from site use/inability, substitute goods procurement, unauthorized access/alteration, or profit/data/intangible losses, even if advised of damage possibility.

Punchpass is not responsible for site-available content. The site allows anyone offering services anytime, anywhere, in various pricing formats. No control or guarantee exists over content quality, safety, legality, advertising truthfulness/accuracy, seller ability, buyer ability, or transaction completion/refunds.

Total cumulative liability for claims from these terms or the site (under any legal theory) does not exceed amounts actually paid in the preceding one-month period before formal written claim notice. All claims are aggregated; multiple/subsequent claims do not enlarge limits.

11. Indemnification

You agree to indemnify, defend, and hold harmless Punchpass, officers, directors, employees, members, partners, agents, suppliers, affiliates, shareholders from claims and expenses, including attorney fees, from your site use or agreement violation. Punchpass may assume exclusive defense/control, which does not excuse indemnity obligations.

12. Right to terminate

Punchpass may alter, amend, modify, or terminate the site, functionality, or portions anytime in sole discretion. No guarantee exists that the site or portions will operate or be available for any duration.

Punchpass support communication should be considerate and respectful. Abusive behavior is not tolerated; accounts may be terminated for harmful communication or employee treatment.

13. General

These terms are governed by Vermont law without conflict-of-law effects. Claims must be brought in Chittenden County, Vermont courts. You submit to exclusive jurisdiction. Claims must be filed within one year or are barred, regardless of statute of limitations. Unenforceable provisions are severed and replaced with provisions reflecting original intent; remaining provisions stay effective.

Waivers require written instruments signed by Punchpass. No joint venture, partnership, employment, or agency relationship exists. You may not assign rights, interests, or benefits without express written consent. These terms constitute the entire agreement, superseding all prior communications/proposals. Printed versions are admissible in proceedings like original business records.