Terms of Service — TriveniCo

1. Acceptance of Terms

By accessing or using TriveniCo's website, platform, applications, APIs, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, Cookie Policy, Acceptable Use Policy, and any other policies referenced herein (collectively, the "Agreements").

If you do not agree to these Terms, you may not access or use the Services. These Terms form a legally binding agreement between you ("you," "your," "User," "Merchant") and TriveniCo, Inc. ("TriveniCo," "we," "our," "us").

Effective Date: July 13, 2024. Last Updated: July 13, 2024.

2. Definitions

"Merchant"

A business or individual who registers for a TriveniCo account to sell products or services through our platform.

"Customer"

An end-user who purchases products or services from a Merchant through the Services.

"Storefront"

The Merchant's online store, POS interface, or marketplace listing powered by TriveniCo.

"Content"

All text, images, videos, audio, code, data, and other materials uploaded, created, or shared via the Services.

"Transaction Fee"

Fees charged by payment gateways (Stripe, PayPal, etc.) — TriveniCo charges $0 transaction fees.

"Subscription Fee"

Monthly or annual fees for TriveniCo paid plans (Free, Starter, Everything, Enterprise).

3. Accounts & Registration

3.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter into a binding contract. By registering, you represent and warrant that you meet these requirements.

3.2 Account Creation

To use certain Services, you must create an account with accurate, complete, and current information. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.

3.3 Account Security

• Use strong, unique passwords. Enable MFA where available.
• Notify us immediately of any unauthorized access at security@trivenico.com.
• We may suspend accounts suspected of compromise or violation.

3.4 Multiple Accounts

Merchants may operate multiple stores under one account. Each store requires a unique subdomain. Creating duplicate accounts to circumvent limits is prohibited.

4. Services & Features

4.1 Included Features

Depending on your plan, Services may include: online store builder, POS, marketplace listing, AI receptionist, ads manager, CRM, marketing kit, analytics, loyalty, store builder, and integrations.

4.2 Plan Tiers

4.3 Service Modifications

We may modify, suspend, or discontinue any feature with reasonable notice. We are not liable for any modification or discontinuation.

4.4 Third-Party Integrations

Services may integrate with third parties (Stripe, PayPal, Meta, Google, etc.). Your use of integrations is subject to those third parties' terms. We are not responsible for third-party services.

5. Fees & Payments

5.1 Zero Transaction Fees

TriveniCo charges $0 transaction fees on all plans, forever. You pay only your payment gateway's standard fees (Stripe, PayPal, etc.) and your Subscription Fee.

5.2 Subscription Fees

• Billed monthly or annually (annual saves 20%).
• Auto-renew unless cancelled before renewal date.
• Prices may change with 30 days' notice. Grandfathered pricing for existing subscribers where possible.
• No refunds for partial months unless required by law.

5.3 Payment Processing

Subscription fees processed via Paddle, Lemon Squeezy, or local gateways. You authorize recurring charges. Failed payments may result in service suspension.

5.4 Add-Ons

Business Plus ($19/mo), Voice AI ($29/mo + usage), and other add-ons billed separately. Cancel anytime.

6. Merchant Responsibilities

As a Merchant, you are solely responsible for:

• Legal Compliance: Comply with all applicable laws (consumer protection, tax, data privacy, product safety, shipping, etc.) in all jurisdictions where you operate.
• Product Accuracy: Ensure product descriptions, pricing, images, and availability are accurate and up-to-date.
• Order Fulfillment: Ship orders promptly, provide tracking, handle returns/refunds per your stated policies.
• Customer Service: Respond to customer inquiries promptly and professionally.
• Tax Collection: Collect and remit applicable taxes. TriveniCo provides tools but does not file or remit taxes on your behalf.
• Payment Gateway Compliance: Maintain valid accounts with connected payment processors and comply with their terms.
• Data Accuracy: Keep your business information, contact details, and bank account information current.
• Content Rights: Ensure you own or have license to all Content you upload (images, text, designs, etc.).

7. Intellectual Property

7.1 TriveniCo IP

All rights, title, and interest in the Services (excluding Your Content), including software, design, trademarks, logos, and trade dress, are owned by TriveniCo. You receive a limited, non-exclusive, revocable license to use the Services per these Terms.

7.2 Your Content

You retain ownership of Content you upload. By uploading, you grant TriveniCo a worldwide, non-exclusive, royalty-free license to host, display, reproduce, modify, and distribute your Content solely to operate the Services.

7.3 Feedback

Any feedback, suggestions, or ideas you provide become TriveniCo's property and may be used without compensation or attribution.

7.4 DMCA

We comply with DMCA. To report copyright infringement, contact dmca@trivenico.com with the required information per 17 U.S.C. § 512(c)(3).

8. Acceptable Use Policy

You agree not to use the Services for any unlawful or prohibited purpose. Full policy at /acceptable-use. Key prohibitions:

• Illegal activities, fraud, money laundering, sanctions evasion
• Prohibited products: weapons, drugs, counterfeits, illegal items, hate speech materials
• Intellectual property infringement, counterfeiting, unauthorized reselling
• Spam, phishing, malware, scraping, unauthorized access, DDoS attacks
• Misrepresentation, fake reviews, deceptive marketing, bait-and-switch
• Adult content, gambling, regulated substances without proper licenses
• Violating third-party terms (payment gateways, shipping carriers, etc.)
• Interfering with platform integrity, reverse engineering, automated abuse

Violations may result in immediate suspension, termination, and legal action.

9. Privacy & Data Protection

Your privacy is governed by our Privacy Policy. Key points:

• We collect only necessary data. No credit card storage, no government IDs.
• Data encrypted in transit (TLS 1.3) and at rest (AES-256).
• GDPR, CCPA, LGPD compliant. Data processing agreements with all processors.
• You control your data: access, rectify, erase, port, restrict, object.
• No selling of personal data. No advertising tracking cookies.

10. Disclaimers & Limitations of Liability

10.1 No Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRIVENICO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100.

10.3 Third-Party Services

WE ARE NOT RESPONSIBLE FOR THIRD-PARTY SERVICES, INCLUDING PAYMENT GATEWAYS, SHIPPING CARRIERS, MARKETING PLATFORMS, OR ANY EXTERNAL LINKS OR INTEGRATIONS.

11. Indemnification

You agree to indemnify, defend, and hold harmless TriveniCo, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Services, (b) your breach of these Terms, (c) your Content, (d) your products or services, (e) your violation of any law or third-party rights, or (f) tax obligations related to your business.

12. Termination

12.1 Termination by You

You may cancel your account anytime from Settings → Account → Delete Account. Cancellation stops future billing. No refunds for partial periods unless required by law.

12.2 Termination by TriveniCo

We may suspend or terminate your account for: material breach of Terms, Acceptable Use violations, non-payment, fraud, legal compliance, or extended inactivity (12+ months). We will provide notice except where immediate action is required for safety or legal reasons.

12.3 Effect of Termination

• Access to Services immediately revoked.
• Data retained per our retention policy (see Privacy Policy).
• Subscription fees non-refundable except as required by law.
• Provisions that should survive (IP, indemnification, limitations, governing law) will survive.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@trivenico.com to attempt good-faith resolution within 30 days.

13.2 Binding Arbitration

If informal resolution fails, disputes shall be resolved by binding arbitration under the rules of the Singapore International Arbitration Centre (SIAC), seat in Singapore, English language, single arbitrator. This applies to all claims except IP infringement and injunctive relief.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY, NOT AS A CLASS ACTION OR REPRESENTATIVE PROCEEDING. CLASS ACTIONS, CLASS ARBITRATIONS, AND PRIVATE ATTORNEY GENERAL ACTIONS ARE WAIVED.

13.4 Governing Law

These Terms are governed by the laws of Singapore, without regard to conflict of laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

14. General Provisions