TERMS OF SERVICE

Last Update: Jan 11, 2016

Punchpass is a web software service operated by Trillo Inc. (hereafter sometimes referred to as Trillo). By using the Punchpass.net website and web software (the “Service”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”) If you disagree with any of the terms below please do not use Punchpass . These terms of service govern the relationship between you and Trillo Inc.

Trillo reserves the right to change, modify, or update the Terms of Service occasionally without notice and any new features or enhancements to the Service are subject to the Terms of Service. Your continued use of the Service constitutes your acceptance of any new changes.

General Conditions & Account Terms

  • You must be 18 years or older to use the Service.

  • You must provide valid and legally correct information when signing up for the Service.

  • You are responsible for maintaining the security of your username, password, and security of your account. Trillo is not liable for any loss or damage that results from your failure to comply with this security requirement.

  • You may not use the Service 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).

  • You are responsible for all Content posted and activity that occurs under your account including all users who have been created within your organization.

  • While Trillo does everything it can to ensure your data is encrypted when being transferred, you understand that unencrypted transfer may occur and is out of our control.

  • Trillo reserves the right to cancel the Service to any account at any time for any reason. If your service is cancelled that does not entitle you to any refunds of previous payments for the Service.

  • You agree not to duplicate, copy, or resell any part of the Service or application code.

  • Trillo uses many third party vendors including web hosting providers, code hosting providers, and development partners.

  • Trillo does no warrant that the service will be 100% available or will meet your specific requirements. Please review the cancellation and refund policy to understand how to terminate the Service. The Service is provided ‘As-Is’ and ‘As-Available’.

  • The failure of Trillo to enforce any right or provision of this Terms of Service does not constitute a waiver of that right or provision. The Terms of Service constitutes the entire agreement between you and Trillo and govern your use of the Service, superceding any prior agreements between you and Trillo (including any prior versions of the Terms of Service).

Payments

You must provide a valid credit card to use the Service after your free trial has expired. If your payment for any month of the Service fails, Trillo may close your account or prevent your access to it. Pricing for the Service may change at any time. Any changes to our pricing will be sent either via email or from within the application and there will be 1 month (minimum) notice before any changes take affect.

How to Cancel & Refund Policy

You may cancel your account at any time by contacting us at [email protected], or by logging in and using the support messaging system. You must contact us from the account owner’s email address. Deleting your account may delete ALL of the data you have accumulated in the Service - please contact us if you want a copy of it.

Trillo charges for the Service on a monthly basis. No refunds (pro rated or full) are given for cancellations. Actual account cancellation takes place at the end of the monthly term.

Information Access

Please see our complete Privacy Policy (below), which is incorporated into this Agreement. You acknowledge, consent and agree that Trillo may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Service, its users and the public.

Age Requirements

This website’s content is intended for adults and we will not knowingly collect personal information from children under 13 years of age. If you are a parent or legal guardian of a child under age 13 who you believe has submitted personal information to this site, please contact us at [email protected] immediately. You must be at least eighteen (18) years of age to subscribe to the Service. Membership in the Service is void where prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

All content posted on the Service my comply with U.S. Copyright law. We claim no intellectual property rights over any of the material you provide.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will Trillo be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Trillo 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 your inability to access or obtain any goods, data, information or services 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; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Trillo’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Trillo in the twelve (12) months prior to the claimed injury or damage.

Indemnity

You agree to indemnify and hold Trillo, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Trillo’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.

Jurisdiction & Choice of Law

If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of the State of Vermont, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Vermont, in Chittenden County, for the resolution of any such dispute.

Who To Contact With Questions

Please contact us at [email protected] with any questions.

PRIVACY POLICY

We take privacy extremely seriously at Trillo Inc (“Trillo”). We respect your privacy, the privacy of your customers information, and we strive to treat it as our own. This Privacy Policy describes what information gets collected, how the information may be used, and with whom.

Tracking

Trillo may use ‘cookies’ as a way to track users and allow certain functionality within the Service, such as the ‘Remember Me’ when logging on.

Information Disclosure

Trillo does not sell or rent any of the personal information we store in our Service to any marketers or third parties.

Trillo may disclose personally identifiable information under special circumstances, such as to comply with subpoenas, warrants, other valid legal processes, or when your actions violate the Terms of Service. In addition, Trillo may disclose certain information to our service providers, such as credit-card payment processors, performing services on our behalf. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purposes.

Children’s Online Privacy Protection Act

Trillo does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register. No one under age 13 may provide any personal information to or on the Service.

Who has access to my data?

Trillo uses third party vendors and hosting partners to provide the hardware, software, storage, networking, and technology to run the Service and retains all rights to the Punchpass application. However you retain all rights to your data.

Billing Information

Trillo does not keep complete billing information for your account on it’s servers or in it’s application. We partner with Stripe.com, a PCI compliant payment processor, to store billing and credit card information. We also use Stripe to capture and hold the payment information for our client’s customers.

Who To Contact With Questions

Please contact us at [email protected] with any questions.