Your subscription starts as soon as your first payment has been processed. The subscription will automatically renew until canceled. A renewal notice will be provided if required by law.
You grant TRIMUTIC permission to store the payment method(s) you provide and to automatically charge your payment method(s) each month or year until you cancel.
TRIMUTIC may change the fee for your subscription plan for each renewal term. TRIMUTIC will notify you of any fee changes and you will have the option to cancel. If VAT (or any other relevant tax) changes during the term of your annual subscription, TRIMUTIC will adjust the gross price of your half-term subscription accordingly on the date of the next statement.
If your primary means of payment fails, you authorize TRIMUTIC to charge another means of payment to your account. If you have not provided TRIMUTIC with alternative payment method(s) and payment is not possible, or if all payment methods in your account fail, TRIMUTIC may suspend your subscription. During such suspension, you may lose access to some features and functionality of the subscription. We will continue to attempt to charge your payment methods for the remainder of the term. Upon receipt of payment, full access to your subscription account will be restored. You can edit your payment information at any time in your TRIMUTIC account.
For customers from the European Economic Area, the bank may require you to authenticate your first purchase with a password, a one-time code sent to your cell phone number or biometric recognition. When you authenticate, you also authorize TRIMUTIC to charge your payment method for your additional purchases without providing TRIMUTIC with further payment information or other instructions (i.e. TRIMUTIC may initiate future payments on its own). Such additional purchases may occur when TRIMUTIC automatically charges your payment method in connection with a recurring subscription or when you add or change licenses or products.
You can cancel your subscription at any time. To do so, go to your TRIMUTIC account or contact customer service. Your subscription will continue until the end of the billing period.
These General Terms of Use, together with any applicable Product Specific Terms (collectively, the “Terms”), govern your use of and access to TRIMUTIC's websites, web-based applications and products, support, discussion forums or other interactive areas, services or services (collectively, the “Services” or “Services”) and your installation and use of TRIMUTIC's software that is part of the Services and any programs, including without limitation mobile apps, desktop applications and related documentation (collectively, the “Software”).
The Subscription and Termination Terms are also considered part of the Terms.
By using the Services and/or the Software, you confirm that you have reached the minimum legal age for entering into a contract.
Your contractual partner is TRIMUTIC UG (haftungsbeschränkt) and the terms and conditions are subject to German law if it is not overridden by local law.
TRIMUTIC's services and software are licensed, not sold, to you and may be subject to one or more of the following additional terms and conditions (“Product Specific Terms”). If there is a conflict between the provisions in the General Terms of Use and the Product Specific Terms, the Product Specific Terms shall prevail in connection with the relevant services or software. The Product Specific Terms are subject to change.
We may make changes to the Terms from time to time, ranging from correcting typographical errors to policy changes. We will notify you of any material changes. Such changes will not apply to any disputes between you and TRIMUTIC that arose prior to the date on which the revised Terms incorporating such changes were posted or otherwise become effective. Please read the Terms regularly. If you do not agree to the revised Terms, you must stop using our services and software and, if applicable, cancel your subscription.
For information on how TRIMUTIC collects, uses, shares or otherwise processes information about you and your use of TRIMUTIC's services and software, please refer to TRIMUTIC's Privacy Policy.
We respect your rights to your content and limit our access to your content as follows:
(A) Operational use. Our services and software access your local and cloud content to enable the normal operation of the services and software, e.g. so that LOGBOOK can open your file and you can edit it.
(B) No scanning or reviewing of local content. We do not scan or review content that is stored locally on your device (“Local Content”).
(C) Content analysis with Cloud Content. Subject to your opt-out rights, we may conduct content analysis with Cloud Content to understand how our users use our Services and Software. This allows us to improve your experience with the Services and Software, provide you with recommendations and personalize your experience.
(D) Human review of cloud content. In certain cases, there is the possibility of human review of Cloud Content:
when you ask us to do so (for example, by contacting our support team);
when you sign up for a pre-release, beta or product enhancement program.
Your local content is never reviewed by us.
In some countries, it is a legal requirement that we enter into a data protection agreement with you if we process personal data (as defined in the applicable contract) for you as part of our services and software. These contracts are the EU Data Processing Agreement or the Data Protection Regulations.
European Union (“EU”) Data Processing Agreement (“DPA”). The DPA provisions apply where you provide Personal Data (as defined in the DPA) collected from individuals from European Economic Area (“EEA”) countries and the UK and where you are a “data controller” and TRIMUTIC is a “data processor” under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) or any successor to the GDPR in connection with the UK's withdrawal from the EU.
TRIMUTIC processes and stores information in Germany and other countries. By using TRIMUTIC's services and software, you agree that you authorize TRIMUTIC to transfer your personal information across national borders and to other countries, including Germany.
Subject to your compliance with the Terms and applicable law, we hereby grant you a non-exclusive, limited, revocable right (as set forth herein) to install, access and use the Services and Software that we provide to you and that you license from us. At the end of your license term, your licenses will expire as specified in your Order Documents or the Subscription and Termination Terms. The versions of the Services and Software Programs available on your renewal date may differ from the versions that were available when you first received your licenses from TRIMUTIC. You agree that your decision to use, access or license the Services and Software is not conditioned on the availability of any future functionality or features or on any oral or written public comments we may have made about future functionality or features.
TRIMUTIC shall remain the sole owner of all rights, title and interest in and to the Services and Software. Except as stated in the Terms, TRIMUTIC does not grant you any rights to patents, copyrights, trade secrets, trademarks or other rights with respect to the components in the Services and Software. This means that you may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. TRIMUTIC reserves all rights not granted under the Terms.
You, as a personal or business user, are responsible for all activities that occur through your account, even if those activities are not yours or occur without your knowledge or consent. You are not authorized to (A) intentionally or unintentionally disclose your account information (except to an authorized account administrator) or (B) use someone else's account.
You are responsible for taking reasonable steps to maintain the security and control of your TRIMUTIC account. TRIMUTIC may require you to enable multi-factor authentication and provide a phone number or alternative email address for security reasons. TRIMUTIC will not be responsible for any losses you may incur as a result of your account login credentials being compromised or your failure to follow or respond to any notices or alerts we may send to your email address or phone number. You are responsible for keeping your email address and phone number up to date to receive any communications or alerts we may send you, and you are also responsible for carefully reviewing any messages purporting to be from TRIMUTIC to ensure that they are legitimate. We accept no responsibility if you are unable to access your TRIMUTIC account because you are unable to provide the relevant login information such as password, email address or telephone number. If you suspect that your TRIMUTIC account or security details have been compromised, please contact customer service.
You authorize TRIMUTIC to store your payment method and use it in connection with your use of the Services and Software, as described in your Subscription and Cancellation Terms. TRIMUTIC may participate in programs supported by your credit card provider to attempt to update your payment information to avoid disruption of your service. You authorize TRIMUTIC to use the information provided to charge your account for the amounts you owe TRIMUTIC.
Unless otherwise specified in the Product Specific Terms, the Services and Software are provided “as is”. To the extent permitted by law, TRIMUTIC disclaims all express and implied warranties, including the implied warranties of title, merchantability and fitness for a particular purpose. TRIMUTIC assumes no liability whatsoever in connection with the content of the services. TRIMUTIC further disclaims any warranty that (A) the Services and Software will meet your requirements or be available on an uninterrupted, timely, secure or error-free basis; (B) the results that may be obtained from the use of the Services and Software will be effective, accurate or reliable; (C) the quality of the Services and Software will meet your expectations; or (D) any errors or defects in the Services and Software will be corrected.
TRIMUTIC specifically disclaims any and all liability for claims arising from your use of the Services and Software. You access and use the Services and Software at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from your use of or access to the Services and Software.
Except as otherwise provided in the Product Specific Terms, the parties shall not be liable to you or any third party for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever and howsoever caused. This includes losses and damages that (A) result from loss of use, data, reputation, revenue or profits; (B) are based on any theory of liability, including breach of contract or breach of warranty, negligence or other tortious action; or (C) arise from any other claim relating to your use of or access to the Services and Software. In the event of gross negligence, willful misconduct by TRIMUTIC or TRIMUTIC's employees or death or personal injury, TRIMUTIC's liability shall not be limited or excluded by any provision contained in these Terms.
TRIMUTIC's total liability in respect of matters arising in connection with the Terms shall be limited to the greater of (A) EUR 100 or (B) the total amount paid by you for access to the Services or Software during the three-month period prior to the event giving rise to the liability.
These limitations and exclusions in this Section 7 (Limitation of Liability) apply to the extent permitted by law, even if (A) a remedy does not fully compensate you for losses or fails of its essential purpose; or (B) the parties knew or should have known that damages were possible.
The Terms govern TRIMUTIC's entire liability and your exclusive remedy with respect to access to and use of the Services and Software.
You may cancel your subscription and terminate your use of the Services and Software at any time. Cancellation or termination of your account does not relieve you of the obligation to pay any outstanding fees associated with your subscription, including but not limited to early termination fees.
Except as provided in the Product Specific Terms, we may terminate or suspend your right to use and access the Services and Software at any time with immediate effect if, in TRIMUTIC's sole discretion:
(A) you breach any of the Terms (or act in a manner that indicates that you do not intend to or are unable to comply with the Terms);
(B) you fail to pay any fees for the Services and Software when due;
(C) the continued provision of the Software or Services to you would violate applicable law;
(D) TRIMUTIC decides to discontinue all or part of the Services and Software if a change in the law makes it impossible for us to continue to provide the Services in your region.
If we terminate the Terms or your use of the Services and Software without cause, as set forth in clauses (A) and (B) above, we will use reasonable efforts to notify you at least thirty (30) days prior to termination by sending a notice to the email address you have provided to us and providing you with instructions on how to retrieve your Content, as set forth above. If we terminate your use of the Services and Software for the reasons set forth in Sections (C) or (D), we may, in our sole discretion, provide you with a pro rata refund of any prepaid, unused fees for such Service or Software. Upon termination by us, you may lose access to your Content.
Upon expiration or termination of the Terms, some or all of the Services or Software programs may cease to function in whole or in part without notice. Your indemnification obligations, TRIMUTIC's warranty disclaimers and limitations of liability, and the dispute resolution provisions under the Terms will remain in effect.
If you believe that your TRIMUTIC account has been deactivated in error, you may appeal by following the procedure described when you attempt to log in to your account or by visiting our Transparency Center. If you have any questions in this regard, please contact Customer Service.
Nothing in the Terms is intended to exclude, restrict or modify any consumer rights under the Competition and Consumer Act 2010 (Cth) (“CCA”) or any other law that may not be excluded, restricted or modified by a contract. Where the CCA or any other law incorporates a condition, warranty or term into the Terms or provides statutory warranties in connection with the Terms, in relation to Goods or Services (if any), TRIMUTIC's liability for breach of such condition, warranty, term or guarantee shall (at TRIMUTIC's option) be limited so far as it is possible to: (A) In the case of delivery of Goods, TRIMUTIC shall do one or more of the following: (1) replacement of the goods or supply of equivalent goods; (2) repair of the goods; (3) payment of the cost of replacement of the goods or purchase of equivalent goods; and (4) payment of the cost of repair of the goods. (B) In the case of the provision of Services, TRIMUTIC shall do one or both of the following: (1) re-provision of the Services; or (2) payment of the cost of re-provision of the Services.
Customer service is available for most problems relating to TRIMUTIC's services and software. You can reach customer service here: https://trimutic.com/contact
In the event of any concerns or disputes that TRIMUTIC Customer Support is unable to resolve (“Claim”), you agree to first attempt to resolve the Dispute informally and in good faith by contacting us and sending a written Notice of Claim to TRIMUTIC's address provided in 13.2. The notice of claim to TRIMUTIC must properly identify you, describe the nature and basis of your claim and the damages you are seeking, including the specific amount of monetary damages you are seeking, and cannot be combined with any other person's notice of claim. If a dispute related to your claim is not resolved within 30 days of receipt by TRIMUTIC, any resulting legal action must be resolved either by a small claims court or by a final and binding decision of an arbitration panel, including whether arbitration is required for the dispute, and subject to the exceptions set forth below. Neither party may commence legal action until 30 days after receipt of the Notice of Claim. This Arbitration Agreement shall apply without limitation to all claims arising or asserted prior to the Effective Date of the Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve disputes relating to the interpretation, applicability or enforceability of the Terms or the formation of the Terms, including whether a dispute between us is subject to arbitration (i.e., the arbitrator will decide whether a dispute is arbitrable) and whether all or any part of these Terms is invalid or voidable. Claims related to the Terms, Services or Software are permanently barred if not brought within one year of the event giving rise to the claim.
You may only resolve disputes with TRIMUTIC individually, and you may not bring a claim as a plaintiff or class member in a class or representative action. However, if any part of this Class Exclusion is deemed unenforceable or invalid with respect to a particular remedy, that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. However, the parties agree that any decision on remedies not subject to arbitration shall be stayed pending the outcome of all arbitration claims and remedies.
We may change, update or discontinue the Services and Software (including any part or feature thereof), and such changes, updates or discontinuance may be detrimental or result in a decrease in value to you or others at any time without liability. In the event of any changes to paid offerings that TRIMUTIC reasonably believes will be detrimental or result in a material diminution in value to you, we will use reasonable commercial efforts to notify you of such change, update or discontinuance. If TRIMUTIC discontinues the Services or Software altogether, TRIMUTIC will allow you to transfer your Content, and you will receive a pro-rata refund from TRIMUTIC for any unused fees for the Service or Software that you have prepaid.
Certain elements of the Services and Software are TRIMUTIC's confidential information. You may not (and may not permit any third party to) (A) modify, port, adapt or translate any part of the Services or Software; (B) reverse engineer (including, but not limited to, monitoring or tracing the inputs and outputs flowing through a system or application to recreate that system), decompile, or otherwise disassemble the source code, data representations, or underlying algorithms, processes, methods, and other parts of such service or software, disassemble or otherwise attempt to discover or (C) use the Services or Software (or any content, data, output or other information obtained or derived from the Services or Software) to directly or indirectly create, train, test or otherwise improve machine learning algorithms or artificial intelligence systems, including but not limited to any architectures, models or weightings.
With regard to the interpretation and construction of the Conditions, only the German version shall prevail.
You can send messages to TRIMUTIC to the following address:
Trimutic UG
Hohenzollernallee 37
40235 Düsseldorf
Germany
contact@trimutic.com
TRIMUTIC may notify you via your email or postal address associated with your account, through postings on the Services, or by other legally permissible means. It is your responsibility to keep your account information up to date so that you can receive notifications.
You may not assign or otherwise transfer the Terms or your rights and obligations under the Terms, in whole or in part, without TRIMUTIC's written consent. Jeglicher derartiger Versuch ist ungültig. TRIMUTIC kann ohne Ihre Zustimmung die Rechte von TRIMUTIC gemäß den Bedingungen an eine dritte Partei abtreten oder übertragen.
If any provision of the Terms is unenforceable or invalid for any reason, the remainder of the Terms shall remain in full force and effect, and such provision shall be ineffective only to the extent of such unenforceability or invalidity.
The failure of TRIMUTIC to enforce or exercise any provision of the Terms shall not constitute a waiver thereof.
Neither party shall be liable to the other for any delay or failure to perform any obligation (other than your payment obligations to TRIMUTIC) under the Terms if the delay or failure is due to unforeseen events occurring after the effective date of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockades, wars, terrorism, riots, natural disasters, refusal of authorization by the government or other governmental authorities, provided that such event prevents or delays the affected party from performing its obligations and such party is unable to prevent or remedy the force majeure at reasonable cost.