Terms of Use

Last Updated: February 03, 2025

Welcome to Truvanta Inc. ("Truvanta", "we", "us", or "our"). These Terms of Use ("Terms") govern your access to and use of our website and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, please do not use our Services.

1. Acceptance of Terms

By using our Services, you affirm that you are at least 18 years old and capable of entering into a legally binding agreement. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

Truvanta provides a Software as a Service (SaaS) platform specializing in Remote Monitoring and Management (RMM) and Unified Endpoint Management (UEM) solutions. Our Services enable users to manage IT infrastructure efficiently, offering features like advanced automation, visibility, performance monitoring, and control over IT assets.

3. User Accounts

a. Account Creation

To access certain features of the Services, you must register and create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and complete.

b. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to:

Use a Strong Password: Create a password that is secure and not easily guessable.
Keep Credentials Confidential: Not share your account credentials with others.
Notify of Unauthorized Use: Contact us immediately at secops@truvanta.com if you suspect any unauthorized access or security breaches.

c. Reporting Security Concerns

If you discover any security vulnerabilities or concerns, please report them promptly to secops@truvanta.com.

4. User Conduct

You agree not to engage in any of the following prohibited activities:

Illegal Activities: Using the Services for any unlawful or fraudulent purpose.
Harmful Content: Uploading or transmitting viruses, malware, or any other harmful code.
Interference: Disrupting or interfering with the security or functionality of the Services.
Unauthorized Access: Attempting to gain unauthorized access to any part of the Services, other user accounts, or networks connected to the Services.
Data Harvesting: Collecting or harvesting any personally identifiable information from the Services without consent.
Intellectual Property Infringement: Using the Services to infringe upon the intellectual property rights of others.
Objectionable Content: Transmitting or facilitating the distribution of content that is defamatory, obscene, pornographic, harassing, threatening, or otherwise objectionable.
Misrepresentation: Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
Reverse Engineering: Reverse engineering, decompiling, or disassembling the Services or attempting to derive source code or underlying ideas or algorithms of any part of the Services.
Competitive Use: Using the Services to develop a competing product or service.
Automated Data Extraction: Using any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
Bypassing Security Measures: Attempting to bypass or circumvent any security features, access controls, or usage limits of the Services.
Reputation Damage: Not use the Services in any manner that could disparage, damage, or harm the reputation of Truvanta, its affiliates, or its employees.

5. Intellectual Property Rights

a. Ownership

All content, software, text, images, graphics, data, and materials available on the Services, including Truvanta's trademarks and logos, are the exclusive property of Truvanta and are protected by intellectual property laws.

b. Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for your internal business purposes.

c. Restrictions

You agree not to:

Modify, copy, distribute, or create derivative works based on the Services.
Reverse engineer, decompile, or disassemble any part of the Services.
Remove any proprietary notices from the Services.
Use any automated means to access the Services without our express permission.

6. Subscription and Fees

a. Free Trials

We may offer free trials of our Services for a limited period. At the end of the trial, you will be required to purchase a subscription to continue using the Services. We will notify you before the trial ends.

b. Fees and Payments

If you purchase a subscription:

Fees: You agree to pay all applicable fees as described during the purchase process.
Billing Cycle: Fees are billed in advance on a recurring basis (for example, monthly or annually) as selected by you.
Automatic Renewal: Subscriptions will automatically renew at the end of each billing cycle unless you cancel prior to the renewal date. We will notify you of the upcoming renewal at least thirty (30) days prior to the renewal date.
Fee Changes Notification: We will provide at least thirty (30) days' notice of any fee changes prior to renewal.
Cancellation: You may cancel your subscription at any time through your account settings or by contacting us at sales@truvanta.com. Cancellations will take effect at the end of the current billing cycle.
Fee Changes: We reserve the right to modify subscription fees upon at least thirty (30) days' prior notice. Fee changes will become effective at the start of the next billing cycle after the notice period.
Non-Cancellation and Non-Refundability: All fees are non-cancellable and non-refundable, except as expressly provided in these Terms or as required by applicable law.
Late Payments: If any undisputed fees are not received by the due date, we may charge interest on the past due amount at the rate of 1.5% per month or the highest rate permitted by law, whichever is lower.
Additional Charges: Truvanta is not responsible for any fees or charges assessed by your bank, credit card company, or payment provider, including currency conversion fees, foreign transaction fees, or overdraft charges.
Billing Disputes: If you believe there is an error in your billing, you must contact us within thirty (30) days of the billing date to request an adjustment or credit.

7. Data Privacy

Our collection and use of personal information are described in our Privacy Policy. By using the Services, you consent to such processing and agree to comply with all applicable data protection laws.

8. Confidentiality

a. Definition

"Confidential Information" includes any non-public information disclosed by Truvanta that is designated as confidential or that, under the circumstances of disclosure, ought to be treated as confidential. This includes, but is not limited to:

Business strategies and plans.
Technical data and system configurations.
Trade secrets and proprietary information related to our RMM and UEM solutions.
Customer data accessed through the platform.
Security protocols and measures.

b. Obligations

You agree to:

Protect Confidential Information: Use the same degree of care to protect our Confidential Information as you use to protect your own confidential information, but not less than reasonable care.
Use Limitations: Use Confidential Information only for the purpose of using the Services.
Non-Disclosure: Not disclose Confidential Information to any third party without our prior written consent.
Notification of Unauthorized Use: Notify us promptly upon becoming aware of any unauthorized use or disclosure of Confidential Information.
Return or Destruction: Upon our request or upon termination of these Terms, promptly return or destroy all copies of Confidential Information in your possession or control.
Assistance in Preventing Unauthorized Disclosure: Use reasonable efforts to assist Truvanta in preventing or remedying any unauthorized use or disclosure of Confidential Information.

c. Survival

Your obligations with respect to Confidential Information shall survive the termination of these Terms for a period of five (5) years. Additionally, your obligations under Section 12 (Indemnification) shall survive termination of these Terms.

d. Exceptions

Confidential Information does not include information that:

Is publicly available without breach of these Terms.
Was known to you prior to disclosure.
Is received from a third party without confidentiality obligations.
Is independently developed without reference to Confidential Information.

9. Third-Party Services

Our Services may integrate with third-party services or contain links to third-party websites. We do not control, endorse, or assume responsibility for any third-party services or content. Your use of third-party services is at your own risk and subject to their terms and conditions.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Merchantability: The Services meet merchantable quality standards.
Fitness for a Particular Purpose: The Services are fit for your intended purpose.
Non-Infringement: The Services will not infringe upon the rights of others.
Performance: The Services will be uninterrupted, timely, secure, or error-free.
Accuracy and Reliability: Any information or content provided through the Services is accurate, complete, or reliable.
Results: Any specific results from the use of the Services.

You acknowledge that the use of the Services is at your sole risk. No advice or information, whether oral or written, obtained from Truvanta or through the Services, will create any warranty not expressly stated herein.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

Indirect Damages: Truvanta shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, business interruption, or business opportunities, arising out of or in connection with your use of the Services, even if Truvanta has been advised of the possibility of such damages.
Liability Cap: Except where prohibited by applicable law, Truvanta's total aggregate liability arising out of or related to these Terms or your use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, shall not exceed the total amount of fees paid by you to Truvanta in the twelve (12) months preceding the event giving rise to the liability.
Exceptions: The foregoing limitations of liability shall not apply to liability arising from Truvanta's gross negligence or willful misconduct where such liability cannot be excluded under applicable law.
Fundamental Basis: You acknowledge that the limitations of liability set forth in this section are a fundamental basis of the bargain between you and Truvanta.

12. Indemnification

You agree to defend, indemnify, and hold harmless Truvanta, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or related to:

Your Use of the Services: Any use or misuse of the Services by you or your agents.
Violation of Terms: Your breach or alleged breach of these Terms.
Violation of Rights: Your violation of any third-party rights, including intellectual property, confidentiality, or privacy rights.
Violation of Law: Your violation of any applicable laws, regulations, or ordinances.
User Content: Any data, content, or materials you submit, upload, or transmit through the Services.

13. Termination

a. Termination by You

You may terminate your account at any time by contacting us at sales@truvanta.com or through your account settings. Upon termination, you will lose access to the Services, and any data associated with your account may be deleted, subject to our data retention policies.

b. Termination by Truvanta

We reserve the right to suspend or terminate your access to the Services immediately, without prior notice, if:

You breach any provision of these Terms.
You engage in conduct that could harm Truvanta, its users, or others.
We are required to do so by law or regulatory authority.
We discontinue the Services or any part thereof.

c. Effects of Termination

Upon termination:

Access: Your right to access and use the Services will immediately cease.
Data Retrieval: You will have a grace period of thirty (30) days to retrieve your data in a commonly used, machine-readable format. After this period, we will delete your data in accordance with our data retention policies, as outlined in our Privacy Policy.
Outstanding Fees: You remain responsible for any unpaid fees and charges accrued prior to termination.
Limitation of Liability for Data Deletion: Truvanta is not liable for any loss, damage, or consequential harm resulting from the deletion of user data following the grace period, as outlined in this section.

14. Dispute Resolution

a. Informal Resolution

We encourage you to contact us at sales@truvanta.com to resolve any disputes informally. We will make reasonable efforts to address your concerns promptly and in good faith.

b. Arbitration

If a dispute cannot be resolved informally, it shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules as modified by these Terms in effect at the time the arbitration is initiated.

Language: The arbitration will be conducted in English.
Location: Arbitration will take place at a mutually agreed-upon location in Wyoming, USA.
Number of Arbitrators: One arbitrator appointed in accordance with the rules.
Governing Law: The arbitrator will apply Wyoming law, without regard to conflict of laws principles.
Final and Binding: The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Confidentiality: The arbitration proceedings, including all documents and statements, shall be confidential.
Fees and Costs: Each party shall bear its own arbitration fees and costs.
Arbitrator's Authority: The arbitrator shall have the authority to award any relief that would have been available in court.
Reasoned Award: The arbitrator will issue a reasoned award explaining the legal and factual basis for the decision.

c. Waiver of Class Actions

You agree to resolve disputes only on an individual basis. You waive any right to participate in class actions, class arbitrations, or representative actions.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of law principles.

16. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

Posting the updated Terms on our website with a new "Last Updated" date.
Sending an email or providing a notice through the Services.

We will provide at least thirty (30) days' notice before the updated Terms become effective. Your continued use of the Services after the notice period constitutes your acceptance of the changes. If you do not agree to the updated Terms, your sole remedy is to stop using the Services. You are responsible for regularly reviewing these Terms for updates.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Truvanta regarding the use of our Services and supersede any prior agreements or understandings.

19. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment or transfer in violation of this provision shall be null and void. We may assign or transfer these Terms at our discretion without restriction.

21. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Truvanta Inc.
Email: legal@truvanta.com
Address: 30 N Gould St, #46211, Sheridan, WY 82801