Last Updated: April 20, 2024
Welcome to Trustpay. These Terms and Conditions ("Terms") govern your access to and use of the Trustpay website (the "Website"), platform, applications, and related services (collectively, the "Services") provided by Trustpay ("we," "us," or "our"), a company registered in Poland with company registration number 60966915 and having its registered office at Słonecznikowa 00A/29, 81-639 Bydgoszcz, Poland.
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services. These Terms constitute a legally binding agreement between you and Trustpay.
Please read these Terms carefully before using our Services. If you are using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms. In such case, "you" and "your" will refer to that entity.
Throughout these Terms, the following definitions apply:
To use our Services, you may need to create an Account. When creating an Account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
You are solely responsible for maintaining the security of your Account and password. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this security obligation.
By creating an Account, you represent and warrant that:
Each user is permitted to create and maintain only one Account. If we determine that you have created multiple Accounts, we reserve the right to merge or terminate any duplicate Accounts.
You agree to keep your Account information up-to-date and to promptly update any changes to your information, including your email address, billing information, and contact details.
Trustpay provides an online advertising automation platform that helps businesses manage, optimize, and analyze their digital advertising campaigns across multiple platforms. Our Services may include, but are not limited to, campaign management tools, analytics dashboards, conversion optimization features, audience building capabilities, and reporting functionalities.
While we strive to ensure that our Services are available at all times, we do not guarantee that the Services will be available on an uninterrupted, secure, or error-free basis. We reserve the right to temporarily suspend access to the Services for maintenance, improvements, or to address technical issues without prior notice.
We offer various subscription plans with different features and limitations. The specific features, limitations, and fees associated with your subscription plan will be presented to you during the registration process or when you purchase a subscription. We reserve the right to modify, add, or remove features from any subscription plan at any time.
We may offer free trials of our Services. Upon expiration of the free trial period, your account will automatically convert to a paid subscription unless you cancel your subscription before the end of the trial period. We reserve the right to modify or terminate free trials at any time without prior notice.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, except as expressly provided in these Terms.
We provide technical support for our Services as described in your subscription plan. Support services may include email support, chat support, phone support, or access to documentation and resources. Support availability and response times may vary depending on your subscription plan.
You agree to pay all fees specified in your subscription plan. All fees are quoted in euros (€) unless otherwise specified. We may change the fees for our Services at any time, provided that we will notify you in advance of any fee changes that affect your current subscription. Continued use of the Services after the fee change takes effect constitutes your acceptance of the new fees.
We accept various payment methods as specified on our Website. By providing your payment information, you authorize us to charge your payment method for all fees incurred in connection with your Account. You are responsible for keeping your payment information current and valid.
All subscriptions will automatically renew at the end of each billing period unless you cancel your subscription before the renewal date. By subscribing to our Services, you authorize us to charge your payment method for the renewal period at the then-current subscription rate.
All fees are exclusive of taxes, unless otherwise stated. You are responsible for paying all applicable taxes, including sales tax, value-added tax (VAT), goods and services tax (GST), or other similar taxes imposed by applicable law. If we are required to collect and remit taxes on your behalf, such taxes will be charged to you in addition to the fees for the Services.
If your payment method fails or you fail to pay any fees when due, we may suspend or terminate your access to the Services. You will remain responsible for all unpaid fees plus any applicable late fees or interest. We may charge a late fee of 1.5% per month (or the maximum rate permitted by law, if less) on any overdue amounts.
All fees are non-refundable unless otherwise specified in our Refund Policy or required by applicable law. No refunds will be provided for partial subscription periods or for periods during which your Account was suspended or terminated due to your violation of these Terms.
If you dispute any charges, you must notify us in writing within 30 days of the date of the disputed charge. If you fail to notify us within this time, you waive any right to dispute such charges.
You agree to use our Services in compliance with all applicable laws, regulations, and these Terms. You are responsible for ensuring that your use of the Services does not violate any applicable laws or regulations, including but not limited to data protection laws, advertising regulations, and consumer protection laws.
You agree not to engage in any of the following prohibited activities:
You are solely responsible for all Content that you upload, post, or otherwise make available through our Services. You represent and warrant that:
We reserve the right, but have no obligation, to monitor or review any Content or activity on our Services. We may, at our sole discretion, remove or refuse to display any Content that violates these Terms or that we find objectionable for any reason. We may also suspend or terminate your access to our Services for violations of these Terms.
We reserve the right to cooperate with law enforcement authorities or court orders requesting or directing us to disclose the identity or behavior of users suspected of violating laws. You release us from any liability for any actions taken in cooperation with such authorities.
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and all Intellectual Property Rights related thereto, are the exclusive property of Trustpay and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible through our Services.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use our Services for your business purposes. This license is for the sole purpose of enabling you to use our Services as permitted by these Terms.
You retain all your rights in any Content that you submit, post, or display on or through our Services. By submitting, posting, or displaying Content on or through our Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or later developed for the purpose of providing and improving our Services.
Any feedback, comments, suggestions, ideas, or other information that you provide to us regarding our Services ("Feedback") is non-confidential and becomes our property. We shall be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We respect the intellectual property rights of others and expect users of our Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
Please send your copyright infringement notification to the contact information provided in the Contact Information section below.
Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Services. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.
To the extent that you provide us with Personal Data of your customers or other individuals through our Services, you represent and warrant that you have obtained all necessary consents or have another legal basis to share such Personal Data with us, and that your sharing of such Personal Data complies with all applicable data protection laws. You grant us the right to process such Personal Data as necessary to provide the Services in accordance with these Terms and our Privacy Policy.
We implement reasonable security measures to protect the security of your Personal Data. However, no security system is impenetrable, and we cannot guarantee the security of our systems. In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and notify you in accordance with applicable laws.
Both parties agree to comply with all applicable data protection laws in relation to the processing of Personal Data. If required by applicable law, the parties will enter into a separate data processing agreement to govern the processing of Personal Data.
Our Services may integrate with or allow you to connect to third-party services, including but not limited to advertising platforms, analytics providers, and payment processors. Your use of such third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the practices of such third parties.
Our Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites or resources. You acknowledge and agree that we are not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any third-party content, goods, or services available on or through such websites or resources.
Our Services are designed to help you manage advertising campaigns on third-party advertising platforms. You are responsible for complying with all terms, policies, and guidelines of these advertising platforms. We do not guarantee that our Services will be compatible with all advertising platforms or that such platforms will continue to allow our Services to access their systems.
When you connect our Services to third-party platforms through their APIs, you authorize us to access and use your accounts on those platforms on your behalf. You represent and warrant that your use of such third-party APIs complies with their respective terms of service. We are not responsible for any changes to third-party APIs that may affect the functionality of our Services.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF OUR SERVICES, INCLUDING ADVERTISING PERFORMANCE, CONVERSION RATES, OR RETURN ON INVESTMENT. ADVERTISING RESULTS DEPEND ON VARIOUS FACTORS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO MARKET CONDITIONS, COMPETITION, AUDIENCE BEHAVIOR, AND THE QUALITY OF YOUR ADVERTISEMENTS AND OFFERINGS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUSTPAY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUSTPAY'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TRUSTPAY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND TRUSTPAY, AND THEY SHALL APPLY EVEN IF THIS REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms will remain in full force and effect while you use the Services or maintain an Account.
You may terminate your Account at any time by following the instructions on our Website or by contacting us at the address provided in the Contact Information section. Termination of your Account does not relieve you of any obligation to pay any outstanding fees.
We may suspend or terminate your access to all or part of the Services, or terminate these Terms with you, at any time, with or without cause, with or without notice, effective immediately. Causes for termination may include, but are not limited to:
Upon termination of your Account or these Terms:
We may retain certain information associated with your Account for analytical purposes and record keeping integrity, as well as to prevent fraud, collect any fees owed, enforce these Terms, or take actions we deem necessary under applicable law. The retention of such information does not constitute continued access to the Services for you.
You agree to defend, indemnify, and hold harmless Trustpay, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Trustpay.
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services, including the validity, invalidity, breach, or termination thereof, shall be resolved by arbitration in accordance with the Rules of Arbitration of the Polish Chamber of Commerce in force on the date when the Notice of Arbitration is submitted. The seat of arbitration shall be Bydgoszcz, Poland. The arbitral proceedings shall be conducted in English. The number of arbitrators shall be one.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or to prevent unauthorized use of the Services in any court of competent jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND TRUSTPAY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Trustpay agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
You agree that regardless of any statute or law to the contrary, any claim or cause of action 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.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.
It is your responsibility to review these Terms periodically for changes. The most current version of the Terms will always be available on our Website with the "Last Updated" date displayed at the top.
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Trustpay concerning your use of the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Trustpay regarding the Services.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Nothing in these Terms shall be construed as creating a partnership, joint venture, agency, or employment relationship between you and Trustpay. Neither party shall have authority to contract for or bind the other party in any manner whatsoever.
We will not be liable for any failure or delay in performance of our obligations under these Terms where such failure or delay results from any cause beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, fire, flood, epidemic, pandemic, or governmental actions.
These Terms do not confer any third-party beneficiary rights and are not intended to confer any rights or remedies upon any person or entity other than the parties to these Terms.
Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by posting to the Website or by email to the email address specified in your Account. Notices provided by you to us should be sent to the contact information specified in the Contact Information section.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms are in the English language only, which shall be controlling in all respects. Any translations of these Terms are provided for convenience only and shall not be legally binding.
If you have any questions, concerns, or comments about these Terms, please contact us at:
Trustpay