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Welcome to Trustivo. These Terms of Service (the “Terms” or “Agreement”) govern your use of the B2B services provided by Trustivo LLC (“Trustivo”, “we”, or “us”). By signing up for or using our services, you (“Client” or “you”) agree to be bound by these Terms. If you do not agree, you must not use the Services. This Agreement is a legally binding contract between you and Trustivo LLC (a Nevada limited liability company) governing your access to and use of the Trustivo platform and services described below.

Service Scope

Trustivo provides an online software platform and related tools to help businesses automate and manage customer reviews and feedback. Our Services include, but are not limited to: (a) sending review request invitations and follow-ups to your customers via email and SMS; (b) collecting and displaying customer feedback and online review data in a management dashboard; and (c) an optional white-label reseller program for qualified partners. These Services are provided on a software-as-a-service (SaaS) basis, accessible through our website. You are responsible for providing the internet access, equipment, and any third-party accounts (e.g. email or SMS services) needed to use the Services. Trustivo may modify or upgrade features of the Services from time to time, or discontinue any part of the Services at its discretion, with or without notice. We will not be liable for any modification, suspension, or discontinuation of any Service feature. All new features that enhance or extend our Services are subject to these Terms. Support for the Services is available exclusively through online channels (such as email or our website contact form), and no phone support is provided.

Eligibility

By registering for or using the Services, you represent that you are at least 18 years old and have the legal authority to enter into this Agreement on behalf of the business or entity you represent. The Services are business-to-business (B2B) and intended for use by commercial enterprises and their authorized representatives, not for personal or household use. You agree to provide true, accurate, current, and complete information during account registration and to keep such information updated. If you are registering on behalf of a company or organization, you warrant that you are an authorized employee or agent of that entity with the authority to bind the entity to these Terms. Trustivo may, in its sole discretion, refuse to open an account or allow access to the Services for any individual or entity that does not meet these eligibility requirements or for any other lawful reason. You must not be a competitor of Trustivo or using the Service for purposes competitive to Trustivo. You also must not be located in, under the control of, or a national or resident of any country or region subject to U.S. sanctions or export restrictions (e.g. embargoed countries) and you affirm that you are not on any U.S. government list of prohibited or restricted parties.

Fees and Billing

Trustivo’s services are provided on a subscription basis. All prices and payments are denominated in United States Dollars (USD). By subscribing to a Trustivo plan, you agree to the following payment terms:

  • Subscription Fees: You agree to pay all applicable subscription fees as set forth on our website or order form for the plan you select. Fees are typically charged on a recurring periodic basis (e.g. monthly), in advance, and will automatically renew until cancelled. All fees and charges are exclusive of any taxes or duties imposed by taxing authorities, unless otherwise stated. You are responsible for any such taxes applicable to your use of the Services (excluding taxes on Trustivo’s income).

     

  • Free Trial and Conversion: If Trustivo offers you a free trial period (at our discretion), you will not be billed during the designated trial period. Unless you cancel before the trial ends, your subscription will automatically convert to a paid plan at the end of the trial and your provided payment method will be charged the applicable fees. You must cancel at least 7 days before the end of the free trial to avoid being charged for the first billing cycle of the paid plan. All provisions of these Terms apply during any trial period.

     

  • Payment Method: You must provide a valid payment method (such as a credit card) to pay for the subscription. By providing such payment information, you authorize Trustivo (or our payment processor) to charge your payment method for all fees due on an auto-renewing basis for each billing period until you cancel. If your payment is via credit card or electronic debit, you agree that we may automatically charge the subscription fee to your card or account on each renewal without separate authorization, unless you have cancelled the Service in accordance with the Termination section.

     

  • No Refunds: All sales are final. Except where expressly required by law, all fees and charges paid to Trustivo are non-cancellable and non-refundable. This means that once a billing period (after any free trial) has been charged, you will not be refunded for that period’s fees if you decide to stop using the Service during that period. Partial months or unused services are not prorated or refunded.

     

  • Late Payments: If we are unable to bill your provided payment method for any reason (e.g. expiration or insufficient funds), your account may become overdue. You agree to update your payment information promptly as needed. Trustivo reserves the right to suspend your access to the Services if your account is past due. We may also charge interest on late payments at the rate of 1% per month (or the highest rate allowed by law, if lower) from the payment due date until paid in full. You will be responsible for any costs of collection (including reasonable attorneys’ fees) incurred by Trustivo in seeking to collect overdue amounts.

     

  • Fee Changes: Trustivo may modify the subscription fees for the Services from time to time. We will provide you with at least 30 days’ notice (e.g. by email or via the Service) prior to any fee increase taking effect for your plan. The new fees will apply to the next billing cycle after the notice period. If you do not agree to a fee change, you may cancel your subscription before the new fees take effect; continued use of the Services after the effective date of a fee change constitutes your agreement to the adjusted fees.

     

Free Trials

From time to time, Trustivo may offer free trial access to the Services for a limited period, at our sole discretion. Any such free trial is offered as a courtesy and is not guaranteed; we reserve the right to modify or terminate any trial offer at any time. Free trials are generally available to new customers for a duration specified on our website or communications (e.g. 14 or 30 days), unless otherwise stated. During the free trial, you will have access to the features of the Service as described, and these Terms apply in full.

If you are on a free trial, you must decide whether to continue with a paid subscription before the trial ends. We may require you to provide a payment method at the start of the trial. If a payment method is provided, your account will automatically transition to a paid subscription at the end of the trial period and the payment method will be charged, unless you cancel the Service before the trial period expires. If no payment method is required for the trial, your access may simply expire at the end of the trial unless you actively choose to subscribe and provide payment. It is your responsibility to track the trial period and cancel in time if you do not wish to continue. Trustivo is not obligated to send reminders or notices that a free trial is ending. Thereafter, all fees are due as described in the Fees and Billing section, and no refunds will be given for charges incurred after the trial. Each customer (business or entity) is generally limited to one free trial unless otherwise permitted by Trustivo. Abuse of free trial offerings (such as creating multiple accounts to obtain repeat trials) is a violation of these Terms and may result in immediate termination of access.

Termination and Cancellation

No Long-Term Contract – Cancellation by You: Trustivo does not require any long-term contracts or commitments. Your subscription continues on a month-to-month (or other periodic) basis until cancelled. You may cancel your Trustivo subscription at any time, for any reason, by providing at least 7 days’ advance written notice of cancellation before your next billing date. Cancellation requests must be submitted in writing (for example, via our website contact form or email) and should include sufficient customer identification information. If you properly cancel with at least 7 days’ notice prior to the next scheduled renewal, your subscription will terminate at the end of the current billing period and you will not be charged for the subsequent period. If you do not provide the required 7-day notice, you may be charged for the next billing cycle and the cancellation will take effect at the end of that next cycle. No pro-rated refunds will be given for the remainder of any billing period if you cancel before period end, so you will retain access to the Service until the end of the period you paid for, after which the cancellation becomes effective.

Termination by Trustivo: Trustivo reserves the right to suspend or terminate your account or access to the Services at any time, in our sole discretion, in the following circumstances: (a) if you breach any provision of these Terms or violate any applicable law or regulation; (b) if your payment of fees is overdue and you fail to cure such non-payment after receiving notice from us; (c) if you are using the Services in a manner that, in our judgment, may cause risk of harm or loss to Trustivo, other clients, or the public (for example, engaging in prohibited conduct or misuse described in these Terms); or (d) if Trustivo decides to discontinue the Services or a portion thereof, or has any other substantial business reason to terminate (in which case we will provide you reasonable notice where feasible). In the event of termination or suspension by us due to your breach or misconduct, Trustivo will have no liability to you and will not refund any fees already paid. In the event that Trustivo terminates this Agreement or your account for convenience (and not due to your breach), we may provide a pro-rated refund of any prepaid service fees for the remaining portion of your subscription term, if applicable; however, any such refund is at our discretion and not guaranteed (our general policy is that all sales are final and non-refundable).

Effect of Termination: Upon any termination or cancellation of your subscription, your right to access or use the Services will cease at the end of the then-current paid period (or immediately, if terminated by us for cause). It is your responsibility to export or download any Client Data (such as your customer contact lists or reports) that you wish to retain prior to the termination effective date, as Trustivo may thereafter delete or disable access to your account data (other than data we must retain for legal compliance or internal purposes). We are not obligated to retain your data after termination, except as required by law, and we are not liable for any deletion of data following termination. Any accrued rights and obligations will survive, including your obligation to pay any outstanding amounts due and the provisions of these Terms that by their nature are intended to survive (such as indemnification, limitations of liability, disclaimers of warranties, governing law, and any licenses granted to Trustivo). Cancellation or termination of this Agreement will not relieve either party from any liability or claim that has already arisen prior to such termination.

Data Security and Privacy

Trustivo takes data security and privacy seriously. We implement industry-standard technical and organizational measures to safeguard the personal information and data you or your customers provide to us in connection with the Services. You acknowledge that you have read our Privacy Policy (available on our website) which explains how Trustivo collects, uses, and protects personal information. In the event of any conflict between these Terms and our Privacy Policy regarding the handling of personal data, the Privacy Policy will control with respect to privacy practices.

Compliance with Data Protection Laws: Trustivo will handle personal data in compliance with applicable data protection and privacy laws, including (to the extent applicable) the EU General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other similar regulations. To the extent that Trustivo processes any “personal data” or “personal information” (as defined under applicable law) on your behalf as part of providing the Services, the parties agree that you are the data controller/business and Trustivo is a data processor/service provider. Trustivo will process such data only for the purposes of providing the Services and in accordance with your lawful instructions and applicable law. Trustivo does not sell personal data to third parties, and will not disclose or share personal information except as needed to provide the Services (for example, using a third-party SMS gateway to send your review requests) or as required by law. We may require, as a condition of using certain features, that you enter into a separate Data Processing Agreement (DPA) with us to further govern the protection of personal data in compliance with GDPR or other laws. If required by law or upon your reasonable request, Trustivo will provide a DPA for execution.

Your Responsibilities for Data and Consents: You agree to comply with all privacy and data protection laws that are applicable to your use of the Services and your own business. This includes obtaining any necessary consents from your customers before submitting their personal information (such as phone number or email) into the Trustivo platform to request reviews or feedback. You are responsible for ensuring that you have the legal right to collect and provide to Trustivo any personal data that you input into our system. If a customer wishes to exercise their data rights (e.g. opt-out of communications or request deletion) with respect to data that you have collected, you are responsible for handling such requests in compliance with applicable law. Trustivo will reasonably assist you (through appropriate technical measures and information) in fulfilling data subject requests or other compliance obligations, to the extent applicable to data in our possession. If you are subject to specific regulations (for example, if you are in the healthcare sector subject to HIPAA, or financial sector regulations), it is your responsibility to notify Trustivo and make appropriate arrangements (such as signing a Business Associate Agreement, if applicable). Trustivo’s standard Services are not designed to process or store sensitive personal information like health records or payment card data, and you should not use the Services to store such sensitive data unless we have expressly agreed in writing to appropriate safeguards.

Intellectual Property Rights

All right, title, and interest in and to the Trustivo Services, including our software, code, algorithms, platform features, databases, user interface design, trademarks, trade names, logos, and all other intellectual property (“Trustivo IP”), are and shall remain the exclusive property of Trustivo and/or its licensors. Trustivo grants you, during the term of this Agreement, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes, strictly in accordance with these Terms. Except for this limited use license, no rights or licenses to the Trustivo IP are granted to you by implication or otherwise. You shall not (and shall not allow any third party to) copy, modify, distribute, sell, lease, reverse engineer, decompile, or attempt to extract the source code of any software or intellectual property comprising the Services, except to the extent that such restriction is prohibited by applicable law. All rights not expressly granted to you in this Agreement are reserved by Trustivo.

Client Content and Data: You retain ownership of all information, content, and data that you or your end customers (e.g. your customers who are asked to leave reviews) input, upload, or otherwise provide into the Trustivo platform (“Client Data”), as between you and Trustivo. However, you hereby grant Trustivo a worldwide, royalty-free, sub-licensable right and license to host, store, transfer, display, and otherwise use your Client Data solely as necessary to provide the Services to you and to carry out our obligations (for example, to send emails/SMS to your customers or to generate reports at your request). We will not use your Client Data for any other purpose except as permitted by these Terms, our Privacy Policy, or as instructed by you. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide the Client Data to Trustivo and to allow Trustivo to use it for the provision of Services. Customer Reviews and Feedback: As part of the Services, Trustivo may facilitate the collection of reviews or feedback from your customers on third-party platforms (such as Google). You acknowledge that any reviews or ratings your customers submit to third-party sites are owned by those third-party platforms or by the authors of the reviews, not by Trustivo or you. Trustivo does not claim ownership of the content of customer reviews themselves; our role is only to facilitate the request and aggregation of such content for your convenience.

Trustivo Trademarks and Branding: The Trustivo name, logo, and all related product and service names are trademarks of Trustivo. Except as set forth in the White Label Program (if applicable) or with our prior written consent, you may not use, reproduce, or display Trustivo’s trademarks or branding elements in any manner. If you participate in the White Label Program, you will be permitted to resell the Services under your own branding pursuant to that program’s terms, but you acknowledge that Trustivo retains ownership of the underlying technology and platform. Any goodwill arising from the use of Trustivo’s trademarks inures to the benefit of Trustivo. Conversely, you retain ownership of your business’s trademarks, logos, and branding, and if you provide these to Trustivo (for example, to be used in communications sent through the platform or on a white-labeled dashboard), you grant Trustivo the right to use and display your marks for that limited purpose.

Feedback: If you elect to provide any suggestions, comments, or feedback to Trustivo regarding improvements or enhancements to the Services (“Feedback”), you hereby grant Trustivo a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate such Feedback into the Services or our business operations. Trustivo shall be free to use or act upon any Feedback without obligation or compensation to you.

Prohibited Uses and Conduct

You agree to use the Trustivo Services only for lawful purposes and in accordance with these Terms. You are strictly prohibited from using the Services (including any communication tools or features provided) in any manner that:

  • Violates Laws or Rights: Violates any applicable law or regulation, or infringes, misappropriates, or violates the rights of any third party. This includes, without limitation, laws regarding anti-spam, data privacy, intellectual property, consumer protection, and defamation. You must not use the Services to infringe on any patent, trademark, trade secret, copyright, privacy, publicity right or other proprietary right of any person or entity.

     

  • Unlawful or Harmful Content: Involves transmitting, distributing, or publishing any content that is unlawful, fraudulent, harassing, libelous, defamatory, abusive, threatening, or obscene, or that promotes illegal activities or violence. You shall not use the Services to distribute any content that is hateful or discriminatory (for example, content that victimizes or intimidates an individual or group based on religion, gender, sexual orientation, race, ethnicity, age, disability, etc.), or that contains pornographic or sexually explicit material, or graphic violence.

     

  • Malicious Code or Security Violations: Introduces any viruses, worms, spyware, malware, or other computer code or program that is harmful or invasive or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment. You must not attempt to gain unauthorized access to the Services or its related systems or networks, nor interfere with or disrupt the integrity or performance of the Services (for example, by launching a denial-of-service attack or exploiting vulnerabilities).

     

  • Spam and Unsolicited Communications: Uses the Service’s email or SMS features to send “junk mail”, “spam”, “chain letters”, “phishing” or other unsolicited bulk messages in violation of applicable laws. You may only use Trustivo’s messaging tools to contact individuals who have given you their contact information and have a reasonable expectation to receive communications from you (such as your recent customers), in compliance with laws like CAN-SPAM and TCPA (see Legal Compliance section below for specifics). The content of your messages must relate to genuine review or feedback requests or relevant customer outreach – you may not use our system to send general marketing blasts or unrelated content to individuals who have not consented.

     

  • Review Gating and Manipulation: Engages in any form of “review gating” or review manipulation. Review gating is the practice of selectively soliciting or cherry-picking only satisfied customers for reviews and suppressing or discouraging negative feedback. This includes, for example, sending review requests that first ask customers if they had a positive experience and only directing those who indicate a positive experience to leave a public review, while filtering out or not inviting customers who indicate dissatisfaction. Such practices are strictly prohibited on our platform. You also must not incentivize reviews in a manner that violates any law or third-party review platform policy (e.g. offering rewards for positive reviews without proper disclosure is against FTC guidelines). Furthermore, you may not use the Services to submit fake reviews, generate reviews through bots or scripts, or otherwise fraudulently influence anyone’s reviews or ratings. Trustivo does not provide or permit any mechanism for creating fake reviews or for endorsing such activity.

     

  • Unauthorized Resale or Access: Except as permitted under an approved White Label/Reseller Program, you may not resell, rent, or lease the Services to third parties. You also shall not permit any unauthorized person (i.e. anyone who is not your employee or authorized agent acting on your behalf) to access the Service using your account. Sharing of login credentials outside your organization is prohibited.

     

  • Impersonation and Deceptive Conduct: You must not impersonate any person or entity or misrepresent your affiliation with any person or entity when using the Services. For example, you should not send communications through Trustivo that purport to come from someone else or from a fake identity. You must accurately identify your business as the sender of review requests (the Service allows branding of messages, which should reflect your true business identity). Do not use Trustivo to deceive or defraud anyone.

     

  • Violation of Platform Policies: You may not use the Service in a way that causes Trustivo to violate any third-party platform’s terms of service or policies. For example, if the Service interfaces with Google, Yelp, Facebook, or other review sites (such as by providing you links to those platforms for your customers to write reviews), you agree to abide by those platforms’ rules regarding solicitation of reviews. Many platforms (like Google) prohibit buying reviews or gating reviews, and Yelp outright prohibits soliciting any reviews. You assume responsibility to use our tools in compliance with those rules.

     

  • Other Prohibited Content: You may not upload or transmit via the Service any content that is excessively large or that contains sensitive personal information not necessary for the use of the Service (for instance, do not upload social security numbers, credit card numbers, medical records or other highly sensitive data fields into a review request template). You also agree not to use the Service for any purpose that is tortious or unlawful, including pyramid schemes, gambling activities, or any other purpose that Trustivo deems objectionable or outside the scope of our intended use.

     

Trustivo reserves the right (but has no obligation) to monitor your use of the Services and any content submitted or sent through the platform, to ensure compliance with these Terms. If Trustivo, in its sole judgment, determines that you have violated any of the above prohibitions or other provisions of these Terms, we may remove or disable the offending content, and/or suspend or terminate your access to the Services without notice (as set forth under Termination). You acknowledge that violation of certain laws (such as anti-spam or data misuse laws) can result in significant civil and criminal penalties, and you agree that you will fully indemnify Trustivo for any third-party claims or damages arising from your misuse of the Services as described in the Indemnification section below.

Legal Compliance

Each party agrees to comply with all laws and regulations applicable to its operations and to the use of the Services. Without limiting the generality of the foregoing, you specifically agree that you will use the Trustivo Services in compliance with: (a) all applicable data protection and privacy laws (such as GDPR, CCPA, and any other similar regulations) including requirements for lawful processing and international transfer of personal data; (b) all applicable laws regulating commercial electronic communications, including the U.S. CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), Canada’s Anti-Spam Law (CASL), and any other anti-spam or telemarketing laws that apply to emails or text messages you send via Trustivo; and (c) all Federal Trade Commission (FTC) guidelines and other consumer protection laws regarding reviews, endorsements, and testimonials, as well as the policies of any third-party review platforms (e.g. Google’s review policies) you utilize in connection with the Service. This means, for example, that you will not use the Service to send deceptive or misleading messages, you will include any required disclosures or opt-out mechanisms in communications, you will honor opt-out or “unsubscribe” requests from recipients of your messages, and you will not attempt to influence reviews in a fake or unethical manner (such as by review gating or offering undisclosed incentives, which is forbidden as noted above). Trustivo is likewise committed to complying with such laws and guidelines in the provision of our Services to you – for instance, Trustivo’s system includes features to help you follow rules (such as including “reply STOP to unsubscribe” for SMS messages where required) and we follow applicable U.S. privacy laws (like CAN-SPAM and TCPA) in our own operations. However, ultimate legal compliance for the communications you send and the data you collect via our platform rests with you as the business owner.

You agree to promptly cooperate with Trustivo in the event that we receive any complaint, inquiry, or allegation that your use of the Services is not in compliance with the law or a third-party policy. Should Trustivo determine, in its sole discretion, that your actions potentially violate any law or policy, we may suspend service and seek clarification from you, or require you to cure the non-compliance, or terminate the Agreement if necessary. Trustivo may disclose information about your use of the Services to regulators or law enforcement if we reasonably believe such disclosure is required by law or to address violations.

Nothing in these Terms is intended to prevent either party from complying with laws applicable to that party (for example, if you are subject to GDPR, you may take actions needed to comply, and if Trustivo is required by law to retain or hand over certain data, it may do so). If you are in a jurisdiction that has specific legal requirements (for instance, if you are in the European Union, you may be required to obtain explicit consent for texts or emails; or if you are in California, you must honor CCPA rights), you are responsible for taking the steps necessary to comply (such as configuring your use of the Services to meet those requirements). Trustivo provides tools and settings that you can customize, but we do not provide legal advice – you should consult with your legal counsel to ensure your use of our Services meets all applicable legal obligations.

White Label Reseller Program

Trustivo offers a White Label Reseller Program (“Program”) for business partners who wish to resell Trustivo’s Services under their own branding. This Program is invitation-only and subject to a qualification and approval process. Merely signing up for a Trustivo account does not grant you reseller or white-label rights. If you are interested in becoming a reseller partner, you must apply or be invited, and typically undergo a screening which may include a qualifying call or meeting with Trustivo’s team to discuss your business and suitability for the Program.

Key terms of the White Label Program include:

  • Acceptance is Required: Participation is at Trustivo’s sole discretion. Trustivo reserves the right to accept or reject any applicant for any reason or no reason at all, and we are not obligated to disclose the reasoning for any rejection. Even after acceptance, Trustivo may revoke a reseller’s status if they violate Program terms or if Trustivo decides to discontinue or change the Program.

     

  • Additional Agreement: If approved, you may be required to sign a separate White Label/Reseller Agreement or addendum outlining specific terms (such as branding guidelines, minimum performance requirements, revenue sharing, support responsibilities, etc.). In case of any conflict between such an agreement and these general Terms of Service, the specific reseller agreement will govern for matters related to the reseller relationship. Otherwise, these Terms will also apply to your use of the Services as a reseller.

     

  • Rebranding and Use of Trustivo Platform: Approved White Label Partners will be permitted to use the Trustivo platform in a rebranded form – for example, using your own company’s branding on dashboards and communications – and to offer the Services to your own clients as if it were your product. Trustivo will generally remain “behind the scenes,” and will not contact your end-clients directly; instead, you will interface with your clients. However, all usage of the platform by you and your clients must still adhere to these Terms (e.g., prohibited uses and compliance requirements). The reseller partner is responsible for ensuring that its end-users (clients) abide by equivalent restrictions and legal obligations, and for managing the relationship with those end-users. Trustivo shall not be responsible for providing support to your end-clients (that is the reseller’s responsibility), except as otherwise agreed.

     

  • Fees and Billing for Resellers: The Program may have its own pricing structure. Typically, the reseller partner will pay Trustivo for the use of the platform (often at wholesale rates or according to a package) and you may set your own prices to charge your clients. You are responsible for billing your clients; Trustivo will bill you (the reseller) for the underlying service per our agreement. All general payment terms (currency USD, no data selling, compliance, etc.) in these Terms apply to resellers as well. There are no refunds from Trustivo to the reseller for any fees except as explicitly agreed. If an end-client fails to pay you, you are still obligated to pay Trustivo for the services provided to that end-client under your account.

     

  • Reseller Conduct: As a white label partner, you agree to faithfully represent the Service capabilities and not to mislead clients about what Trustivo’s platform can and cannot do. You must not engage in any unethical or illegal marketing practices to sell the Service. You further agree not to do anything that would damage Trustivo’s reputation or goodwill. While you may use your own brand, you shall not make false claims about the Service or about your relationship with Trustivo (for example, you should not claim that your software is entirely proprietary if it is the Trustivo platform rebranded – you can say you have a partnership or powered-by solution if asked, per our mutual agreement on how to position it). Trustivo strictly forbids selling fake reviews, engaging in review gating, or violating FTC/Google rules, and this applies equally to resellers – you must enforce these same standards with your clients.

     

  • No Partnership or Employment: Your participation in the Program is as an independent contractor. Nothing in the Program or these Terms creates a joint venture, franchise, agency, or employment relationship between you and Trustivo. You do not have authority to make any commitments on behalf of Trustivo beyond marketing our Services and reselling them in accordance with our Program terms.

     

  • Termination of Reseller Status: Trustivo may terminate or restructure the White Label Program at any time. If the Program is terminated or if your reseller status is revoked, you and your clients will have the option to transition to standard Trustivo direct accounts or wind down use of the platform. Trustivo will endeavor to give reasonable notice of significant program changes or termination so you can prepare. Upon termination, you must cease all use of Trustivo trademarks and cease holding yourself out as a Trustivo reseller. Any end-clients you have may, at Trustivo’s sole discretion, be offered the opportunity to continue service directly with Trustivo (but Trustivo has no obligation to retain or service those clients).

     

In summary, the White Label Program is a privilege and an opportunity that Trustivo grants to select partners. It is not an automatic right, and it comes with additional responsibilities. If you are not in the Program, you are not permitted to white-label or resell the Services to others. If you are accepted into the Program, you must abide by all Program rules and these overall Terms to maintain your status. Trustivo reserves all rights to manage the Program as it sees fit, including approving or denying participants and setting or changing the terms of participation.

Disclaimers of Warranties

Use at Your Own Risk: The Trustivo Services are provided on an “AS IS” and “AS AVAILABLE” basis. To the maximum extent permitted by law, Trustivo disclaims all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no warranty that the Services will meet your requirements or expectations, that they will be uninterrupted, timely, secure, or error-free, or that the results (including any reviews or customer feedback obtained) will be accurate or reliable. You assume all risk as to the quality and performance of the Services.

No Guarantee of Outcomes: You acknowledge that Trustivo is providing tools to facilitate customer communications and review collection, but we do not guarantee any particular volume of reviews, ratings improvement, customer responses, or business results from the use of the Services. Any testimonials or case studies on our website are for illustrative purposes and do not promise that you will achieve the same results. The success of the Service for your business depends on various factors outside our control, including your customers’ willingness to leave reviews, the quality of your product/service, and third-party platform rules. Trustivo has no control over whether a customer chooses to leave a review, the content of any review, or whether a third-party platform (like Google) decides to publish or remove a review. We are not responsible if a platform filters out or deletes reviews, or if reviews do not have the positive impact you hoped for.

No Service Level Guarantee: While we strive for high availability, Trustivo does not warrant that the Services will be uninterrupted or error-free. Scheduled maintenance, downtime, or unexpected technical issues may occur. We do not provide any guaranteed service uptime or specific response times, and you accept that occasional downtime or technical difficulties are normal aspects of internet services. In addition, Trustivo makes no guarantee that emails or SMS messages sent through our Service will reach their intended recipients. Delivery of messages can be affected by factors outside of Trustivo’s control, such as email spam filters, phone carriers blocking or throttling messages, incorrect contact information, recipient devices being turned off, etc. We assume no responsibility for any delay, deletion, mis-delivery, or failure to store or send any user communication or personalization setting through the Service. You are encouraged to monitor critical communications and not rely on the Service as your sole means of reaching any recipient.

Third-Party Services and Integrations: Trustivo may integrate with or rely on third-party services (for example, using an SMS gateway, email service provider, or APIs from review platforms like Google). We make no warranties or representations regarding any third-party services. Your use of third-party services may be subject to those providers’ terms and privacy policies, and Trustivo is not responsible for any acts or omissions of third parties. Additionally, information obtained from third-party sources (such as pulling in your existing online reviews to our dashboard) is not guaranteed or warranted by Trustivo for accuracy or completeness.

Beta Features: If Trustivo offers any beta or trial features (such as a new functionality that is marked “beta” or “preview”), those are provided “as is” without any warranties and solely for evaluation. We may discontinue or modify beta features at any time.

No Advice or Endorsement: Any business or legal information that may be available through the Service (for instance, template messages or best practice tips for responding to reviews) is for general informational purposes only and is not professional advice. You should consult your own advisors for guidance specific to your situation. Trustivo does not endorse any third-party products or services that may be referenced or linked through our platform (such as a link to claim your business listing on a review site). Any reliance you place on information from the Service is at your own risk.

Specific Disclaimers Required by Law: In jurisdictions that do not allow the exclusion of certain warranties, some of the above disclaimers may not fully apply to you. In such cases, Trustivo’s warranties are limited to the minimum scope and duration permitted by applicable law. No oral or written information or advice given by Trustivo or its authorized representatives shall create any warranty not expressly stated in these Terms. You acknowledge that Trustivo would not be able to provide the Services on an economical basis without these limitations.

Limitation of Liability

To the fullest extent permitted by law, in no event shall Trustivo or its officers, directors, employees, agents, affiliates, or licensors be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever. This includes, without limitation, any damages for lost profits, lost revenue, loss of business opportunity, loss of goodwill, loss of data, service interruption, computer damage, or procurement of substitute services, arising out of or in connection with this Agreement or your use of (or inability to use) the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, and even if Trustivo has been advised of the possibility of such damages. Trustivo’s total cumulative liability arising from or related to this Agreement or the Services, whether in contract, tort or otherwise, shall not exceed the total amount of fees actually paid by you to Trustivo for the Services in the twelve (12) months immediately preceding the claim. If no fees have been paid (for example, during a free trial), Trustivo’s liability shall not exceed $100 USD.

The existence of multiple claims or suits under or related to this Agreement will not enlarge or extend the limitation of money damages. You agree that Trustivo’s pricing reflects the allocation of risk and the limitations of liability specified herein, and that Trustivo would not have entered into this Agreement without such limitations.

Exceptions: Some jurisdictions do not allow the limitation or exclusion of liability for certain damages. To the extent that you are in such a jurisdiction and the above limitations are disallowed, some of those provisions may not apply to you. In such cases, Trustivo’s liability will be limited to the maximum extent permitted by law. Nothing in this Agreement is intended to exclude or limit liability that cannot be excluded under law (for example, certain liabilities under product liability law or for willful misconduct may not be excludable). However, in any case, our liability will be limited to the greatest extent permitted by law.

Third-Party Claims: Trustivo shall have no liability to you for any claims or demands made against you by any third party, except as expressly provided under any indemnification obligation in a separate written agreement. Likewise, you acknowledge that Trustivo is not liable for the conduct, whether online or offline, of your customers or other third-party users of your services, even if those interactions occur in connection with your use of the Trustivo platform.

Indemnification

You agree to defend, indemnify, and hold harmless Trustivo, its parent company, affiliates, and their respective officers, directors, employees, and agents (each an “Indemnified Party”) from and against any and all claims, suits, actions, demands, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) that arise from or are related to:

  • Your Use of the Services: Any use or misuse of the Trustivo Services by you or your authorized users, including actions taken through your account. This includes, for example, claims arising from the content of messages you send to your customers, or any third-party sites or services you connect to the Trustivo platform.

     

  • Breach of Terms: Your violation of any provision of these Terms or any policy incorporated herein. If you breach these Terms (including any of the Prohibited Uses or Legal Compliance requirements), and that breach results in a claim against Trustivo or damage to Trustivo, you will indemnify and hold us harmless from all resulting loss or liability.

     

  • Violation of Laws or Rights: Your violation of any law, rule or regulation in connection with your use of the Services, or violation of any rights of a third party. For example, if you send text messages without proper consent and a recipient brings a legal claim (such as a TCPA lawsuit) against Trustivo as the platform provider, or if you use the Service to infringe someone’s intellectual property and we get sued, you agree to indemnify us for all costs and damages arising from such claim.

     

  • Client Data and Business Operations: Any allegation that the Client Data (including customer information or content you provide) or your business’s products or services (as advertised or used in connection with Trustivo’s platform) infringes or misappropriates the intellectual property, privacy, or other rights of any third party, or has caused harm to a third party. Additionally, you will indemnify Trustivo for claims arising from your own customers or end-users – for instance, if one of your customers claims that contacting them via Trustivo violated their privacy rights or that your services were deficient, and Trustivo is named in the lawsuit, you will cover us.

     

This indemnification obligation includes payment of any settlements or judgments (with your prior consent for settlements, not to be unreasonably withheld) and the reimbursement of reasonable attorneys’ fees and expenses incurred by the Indemnified Party in defending such claims. We reserve the right, at our option, to assume exclusive defense and control of any matter otherwise subject to indemnification by you (without relieving you of your indemnity obligations). In that case, you agree to cooperate with our defense of such claim and you may not settle any such matter without our written consent.

Your indemnification obligations shall survive any termination or expiration of this Agreement. The Indemnified Party will provide you with prompt notice of any claim for which indemnity is sought (provided that any failure to promptly notify will not relieve you of your obligations except to the extent you are materially prejudiced by that failure). The Indemnified Party shall reasonably cooperate (at your expense) in the defense. This indemnity is intended to allocate responsibility as between Trustivo and you; it does not limit any defenses you may have vis-à-vis a third-party claimant.

Governing Law and Jurisdiction

This Agreement and any disputes arising out of or relating to the Services or these Terms shall be governed by and construed in accordance with the laws of the State of Nevada, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded and will not apply to this Agreement.

You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in Clark County, Nevada (which includes Las Vegas). You consent to the personal jurisdiction of such courts and waive any objection on grounds of venue, forum non conveniens, or any similar doctrine. However, Trustivo reserves the right to seek injunctive relief in any jurisdiction if necessary to protect its intellectual property or confidential information. If you are accessing the Service from outside the United States, you are responsible for complying with local laws, and your use of the Service may be subject to other import/export and data protection regulations; however, the governing law for this Agreement remains Nevada law.

Statute of Limitations: To the extent permitted by law, any claim or cause of action by you arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

Changes to Terms

Trustivo may update or modify these Terms from time to time. If we make material changes, we will make reasonable efforts to notify you of the updated Terms, such as by posting the revised Terms on our website and updating the “Effective Date” above, or by sending an email to the address associated with your account. Any modifications to the Terms will be effective upon posting (or as of the effective date indicated in the updated Terms), unless otherwise required by law. In cases of material changes, we may also prompt you to actively accept the new Terms (for example, through a click-through consent) before further use of the Services. By continuing to use the Services after the updated Terms have become effective, you are agreeing to be bound by the revised Terms. If you do not agree to any updated Terms, you must stop using the Services and cancel your account.

Please review these Terms periodically to ensure you understand the terms and conditions that apply to your use of the Services. Trustivo may, in its discretion, choose to highlight or communicate notable changes (especially those that substantially affect your rights or obligations), but it is ultimately your responsibility to remain informed of the current Terms. Except for changes made by us as expressly permitted above, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and Trustivo.

Miscellaneous Provisions

Entire Agreement: These Terms (along with any documents incorporated by reference, such as our Privacy Policy and, if applicable, any additional program-specific terms or order forms) constitute the entire agreement between you and Trustivo regarding the Services, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. No reliance: You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of the Agreement will remain in full force and effect. The parties shall negotiate in good faith a valid, enforceable substitute provision that most nearly effects the parties’ original intent and the economic effect of the invalid provision.

Waiver: No failure or delay by Trustivo in exercising any right, power, or remedy under these Terms shall operate as a waiver of any such right or remedy, nor shall any single or partial exercise of any right or power preclude any further exercise of that or any other right or power. A waiver of any provision of this Agreement will only be effective if in writing and signed by the waiving party.

Assignment: You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of Trustivo (and any attempted assignment without consent is null and void). Trustivo may freely assign or transfer this Agreement (in whole or in part) as part of a corporate reorganization, merger, acquisition, or sale of assets, or by operation of law, or otherwise at our discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties’ permitted successors and assigns.

No Third-Party Beneficiaries: These Terms are for the benefit of you and Trustivo, and not for the benefit of any third party or person except as expressly provided (for example, the Indemnified Parties under the Indemnification section). No third party shall have any rights to enforce any term of this Agreement.

Relationship of Parties: The relationship between you and Trustivo is that of independent contractors. Nothing in these Terms shall be construed to establish a partnership, joint venture, employment, or agency relationship between the parties. Neither party has the authority to bind the other or incur obligations on the other’s behalf without prior written consent.

Headings and Interpretation: Section headings in this Agreement are for convenience only and have no legal or contractual effect. Words in the singular include the plural and vice versa. The terms “including” or “includes” mean “including without limitation.” Any ambiguity in these Terms shall not be construed against the drafter.

Force Majeure: Trustivo shall not be liable for any failure or delay in performing its obligations hereunder (except payment obligations) due to causes beyond its reasonable control, such as acts of God, war, terrorism, civil disturbance, governmental action, labor strikes, internet or telecommunications failures, power outages, or other similar events. In such case, Trustivo’s obligations will be suspended for the duration of the force majeure event.

Notices: Notices from Trustivo to you may be given via email, via posting on our website/dashboard, or via other reasonable means. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notices from you to Trustivo (other than routine communications regarding support or billing) should be sent to us at our contact address provided below, with a copy via email if instructed.

Contact Details

If you have any questions about these Terms, or need to provide any notice to Trustivo, you may contact us at:

Trustivo LLC
 1980 Festival Plaza Drive, #300
 Downtown Summerlin (Las Vegas), NV 89135
 United States of America

Website: https://trustivo.com/contact-us/  — please use the Contact Us form on our website for all general inquiries or support requests.

By using the Services, you acknowledge that you have read, understood, and agree to all of the above terms and conditions. Thank you for choosing Trustivo to help manage your customer reviews and feedback. We value your business and your compliance with these terms, which are designed to ensure a fair and lawful use of our platform for all parties involved.