Introduction
Thanks for choosing Trustyy where we’re dedicated to fostering stronger family bonds and trust through the use of technology and education and coaching services. In this document, we’ll outline what we provide you, our customers, and each of our legal obligations. The information contained in this document is collectively referred to as the “Terms”, “Terms of Service”, or “Terms & Conditions”, or “Agreement”.
1. Acceptance of Terms
By accessing or using the Trustyy App or any education or coaching services including paid and free resources produced or provided by Trustyy (collectively referred to as the “Services”), you are agreeing to our Terms and entering into a binding agreement with Trustyy, LLC. Therefore, it is important to read through these terms carefully. They outline what you can expect from us and what we expect from you. By continuing to use Trustyy Services, you represent that you are at least 18 years old, that you understand and agree to these terms, and that you are legally able to enter into this Agreement. If you have any questions or need clarity, you can email us at support@trustyy.com.
If you do not agree with these terms, you may not participate in Services.
2. User Registration and Accounts
2.1 Creating an Account:
- 2.1.1 Self-Service Registration:
- App and Website Access: Users can easily create an account through the Trustyy app or Trustyy website.
- Process: The registration process involves providing necessary personal information and agreeing to the terms of service and privacy policy.
- 2.1.2 Service-Account Creation by Trustyy:
- For Coaching or Education Services: Users engaged in Trustyy’s coaching or education services without self-registration may have a service account created for them.
- Purpose: This ensures integrated access to all Trustyy services.
2.2 Access and Usage by Minors:
- 2.2.1 Primary Account Holder Requirements:
- Legal Adult: The primary account holder must be a legal adult, over the age of 18.
- Authority and Responsibility: The adult account holder is responsible for the account and any minors invited to use the services.
- 2.2.2 Inviting Minors:
- Minors and Children Under 13: Minors, including children under 13, may access Trustyy services only through an invitation from an adult account holder.
- Parental Consent: The adult account holder asserts their authority to provide parental consent for a minor’s use of Trustyy’s services.
- 2.2.3 Transition of Minors Adult Status:
- Age of Majority: When a minor using the service reaches the age of 18, they will be considered an adult concerning the Terms.
- Account Transition: Upon reaching the age of 18, the now-adult user who continues to use Services agrees to the Terms, privacy policy, and any other relevant agreements as an independent adult user.
- Continuation of Service: The transition to an adult account will be seamless, with the preservation of the user’s data, settings, and history within Trustyy.
2.3 Managing Access and Permissions:
- Primary Account Holder’s Role in Access Management: The Primary Account Holder is responsible for managing user access and permissions within a family group. This includes setting appropriate access levels and permissions for each member, based on their role and age, to maintain a secure and suitable environment.
2.4 Account Deletion:
- 2.4.1 Procedure: Users can delete their accounts following the steps in Trustyy’s Privacy Policy.
- 2.4.2 Data Handling: Trustyy manages user data post-deletion as outlined in the Privacy Policy.
2.5 Account Information Accuracy:
- Account Holder Responsibility: The account holder must keep their account information accurate and current to ensure continuous service and maximum efficacy.
3 Billing Policy
3.1 Subscription Billing:
- 3.1.1 Service Subscription: Trustyy offers services like the Trustyy App and ongoing coaching and education services on a subscription basis.
- 3.1.2 Billing Cycle: Subscriptions are charged periodically (typically monthly or annually) in advance. The designated payment method will be automatically charged at the start of each billing cycle.
- 3.1.3 Automatic Renewal: Subscriptions automatically renew for the same term and price, unless notified otherwise or canceled at least 1 day before the next billing cycle begins.
- 3.1.4 Failed Payments: If a payment is rejected, Trustyy may suspend or cancel the subscription immediately. Outstanding charges for up to one month may still apply.
3.2 Cancelling a Subscription:
- 3.2.1 Trustyy App Cancellation:
- Method 1: Use the ‘Unsubscribe’ button in the app’s Settings screen (available only to the account holder within a family group).
- Method 2: Email cancellation requests to support@trustyy.com with “Unsubscribe Request” in the subject line and the account owner’s name and email in the body. If the request is from a different email, Trustyy will attempt to confirm with the account owner. Without confirmation within 5 working days, the request will be revoked, and the subscription will continue.
- 3.2.2 Trustyy Education and Coaching Services Cancellation: Email cancellation requests to support@trustyy.com following the same procedure as Trustyy App cancellation.
- 3.3.3 Effective Date: Services remain accessible until the end of the current billing cycle, post-cancellation.
3.3 Subscription Plan Switching:
- 3.3.1 Downgrade: When switching to a lower-priced plan, the change takes effect at the start of the next billing cycle.
- 3.3.2 Upgrade: For an upgrade, the prorated difference is charged immediately. This is calculated based on the percentage of days remaining in the current cycle, keeping the renewal date unchanged.
3.4 Free Trials:
- 3.3.1 Trial Availability: Trustyy may, at its discretion, offer a Subscription with a Free Trial for a limited period. Specific terms will be provided at signup and/or in promotional materials.
- 3.3.2 Eligibility: Free Trials are available to new users or those who haven’t used a Free Trial in the last 12 months, or as otherwise specified by Trustyy.
- 3.3.3 Billing Information: Entering billing information may be required to sign up for the Free Trial, but charges will only apply after the Free Trial expires.
- 3.3.4 Cancellation during Free Trial: Subscriptions must be canceled before the end of the Free Trial to avoid charges.
- 3.3.5 Changes and Cancellation of Free Trial Offer: Trustyy reserves the right to modify or cancel the Free Trial offer at any time without notice.
- 3.3.6 End of Trial Notification: Users will be notified before being charged at the end of the Free Trial period.
3.5 Non-Subscription Service Billing:
- 3.5.1 Limited Duration Services: Certain Trustyy education and coaching services are offered for a specified duration, as detailed in the marketing and enrollment materials.
- 3.5.2 Billing Method: These services are billed as per the terms provided at enrollment, which typically involves either full upfront payment or a scheduled installment plan over the service duration.
3.6 Non-Subscription Service-Cancellations and Refunds:
- 3.6.1 Commitment to Satisfaction: Trustyy is dedicated to ensuring client satisfaction with our services and strives to deliver exceptional value.
- 3.6.2 Cancellation and Refund Policy: Given the unique nature of our service offerings, cancellation and refund requests are assessed on a case-by-case basis.
- 3.6.3 Request Process: To initiate a cancellation or request a refund, please contact Trustyy at support@trustyy.com. Provide relevant details to facilitate the evaluation of your request.
4. Use of Recordings in Coaching and Education Services
4.1 Consent to Record and Use of Recordings:
- 4.1.1 Recording of Sessions: Trustyy utilizes virtual meeting software for coaching and education services, which may be recorded. By participating in these services, users consent to the recording of sessions, potentially including their names, voices, images, or videos.
- 4.1.2 Use of Group Session Recordings:
- Uses: Recordings of group coaching and education sessions may be used for various purposes including, but not limited to, providing educational content to other Trustyy users or for marketing materials.
- Timelines: Trustyy reserves the right to utilize recordings of group sessions for purposes such as educational content or marketing, even after a client’s active participation in Trustyy services has ceased. This usage is permissible as long as Trustyy initiates the use of the recording within thirty-six months from the date of the recording. Once a recording is put into use, it may continue to be used indefinitely.
- 4.1.3 Restricted Use of Individual or Family Session Recordings:
- Confidential Treatment: Recordings of individual or family sessions are subject to heightened confidentiality. Access to these recordings is strictly limited to the participants involved in the session or the legal guardian of any minor participants.
- Internal Use: In addition to providing recordings to participants, Trustyy may use these recordings internally for training purposes and for reference in ongoing coaching support services. This ensures continuous improvement and consistency in the quality of services offered.
- Exclusion from Public Use: Recordings of individual or family sessions will not be used for broader educational or marketing purposes without obtaining explicit written consent from all recorded parties, or the legal guardian of recorded parties.
- Opt-Out Option: Participants who prefer not to have their individual or family sessions recorded for internal training or reference purposes can opt out by notifying Trustyy in advance of the session.
4.2 No Royalty or Compensation:
- Participants in recorded sessions agree that they will not receive royalties or compensation for the use of their names, voices, images, or videos in these recordings.
4.3 User’s Rights and Responsibilities:
- 4.3.1 Participants are responsible for their conduct during recorded sessions, aligning with Trustyy’s community guidelines and privacy policies.
- 4.3.2 Unauthorized sharing, reproduction, or distribution of any session recordings is prohibited.
4.4 Opting Out and Modification Requests:
- 4.4.1 Participants may opt out of being recorded by notifying Trustyy prior to the session. However, this may limit their ability to participate in certain services.
- 4.4.2 Requests for modification or deletion of personal data from recordings should be directed to Trustyy’s support team.
5. Privacy Policy
For a comprehensive understanding of how Trustyy manages, utilizes, and protects user data, we strongly encourage reviewing our detailed Privacy Policy. This document provides in-depth information on various aspects including data collection, usage, sharing, retention, user rights, and more, ensuring transparency and clarity in our practices.
Given the sensitive nature of family dynamics and trust-building, which are central to Trustyy’s mission, our users must be fully informed about our approach to privacy and data security.
To access the full Privacy Policy, please visit the Trustyy app or website, where it is readily available.
6. Intellectual Property Rights
6.1 Ownership and Rights:
- 6.1.1 Trustyy’s Intellectual Property: All intellectual property rights in or arising out of or in connection with Trustyy Services and all related materials are owned exclusively by Trustyy.
- 6.1.2 License to Users: Trustyy grants users a revocable, non-exclusive, royalty-free license to use Trustyy’s intellectual property solely for the duration of their engagement with the Trustyy services. This license is intended for personal, non-commercial use in the context of the Trustyy’s offerings.
6.2 Prohibited Actions:
- Users are not granted any rights to Trustyy’s trademarks, service marks, trade names, or copyrights. Users may not reproduce, republish, distribute, assign, sublicense, retransmit, sell, or prepare derivative works of Trustyy’s content, nor can they resell or make Trustyy’s services available to others. All rights not explicitly granted in this agreement remain with Trustyy and its licensors.
6.3 Legal Compliance and Respect for Rights:
- 6.3.1 Adherence to Laws: Users agree to comply with the law and respect the intellectual property rights of others when accessing Trustyy and using its content and services.
- 6.3.2 User Responsibilities: Users agree to avoid actions that infringe on the rights of third parties. This includes not uploading, downloading, displaying, performing, transmitting, or distributing content that violates any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.
- 6.3.3 Accountability: Users are solely responsible for any legal violations or infringements of third-party rights caused by content they provide or transmit, or that is transmitted using their account. The burden of proving that such content is lawful rests solely with the user.
6.4 License Termination:
- If a user uses the Trustyy app or its services in a manner that exceeds the scope of this license or violates any related agreement, their license to use Trustyy’s intellectual property will terminate immediately.
7. Dispute Resolution by Binding Individual Arbitration
7.1 Initial Resolution Efforts:
- Before escalating to formal dispute resolution, we encourage you to contact us directly. For issues or complaints, you can reach us at 1-801-448-6299 or by email at support@trustyy.com. Our team is committed to addressing and resolving your concerns swiftly and to your satisfaction.
7.2 Binding Arbitration Agreement:
- 7.2.1 In the event that our customer service team is unable to resolve a dispute to your satisfaction, or if we have not been able to resolve a dispute informally, both you and Trustyy agree to settle any disputes through binding arbitration, as detailed in this section.
- 7.2.2 Arbitration is generally more informal than a lawsuit in court, involves a neutral arbitrator instead of a judge or jury, permits more limited discovery, and is subject to limited review by courts. The arbitrator can award the same damages and relief as a court.
7.3 Individual Basis Requirement:
- 7.3.1 All arbitrations under these terms will take place on an individual basis; class arbitrations and class actions are not permitted.
- 7.3.2 Trustyy will cover all costs of arbitration, unless your claim is deemed frivolous. However, you and Trustyy will have the opportunity to recover attorneys’ fees as would be available in court.
7.4 Arbitration Process:
- 7.4.1 Any claim or dispute between you and Trustyy, or involving any of Trustyy’s service providers, will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its consumer arbitration rules, as modified by this agreement.
- 7.4.2 The AAA Rules and instructions on how to file an arbitration proceeding are available at adr.org. Trustyy can assist in connecting you with the AAA.
- 7.4.3 The arbitration agreement is intended to be interpreted broadly, encompassing any claims related to your use of Trustyy’s services or any disputes regarding the terms of this agreement, including the arbitration agreement itself.
7.5 Waiver of Jury Trial and Class Actions:
- 7.5.1 By agreeing to these terms, you waive the right to a trial by jury or to participate in a class action lawsuit.
- 7.5.2 At your request, Trustyy will reimburse your arbitration filing fee up to a specified limit (current limit is $225, subject to change by the AAA).
- 7.5.3 The arbitrator is authorized to award relief available in court, except where restricted by law. Claims must be brought in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.
7.6 Legal Framework and Enforcement:
- 7.6.1 This agreement to arbitrate is governed by the Federal Arbitration Act (FAA) and applicable state laws. Arbitration awards may be enforced in any court with jurisdiction.
- 7.6.2 The arbitrator will follow substantive law consistent with the FAA and will honor claims or privileges recognized by law.
7.7 Survival of Terms:
- The terms of this dispute resolution section will survive any termination, cancellation, or expiration of your agreement with Trustyy.
8 Disclaimers; No Warranties
8.1 Limitations on Warranties:
- Scope of Warranties: Trustyy extends its services within the maximum limits permitted by law. Beyond what is expressly stated in these terms or as provided under applicable consumer laws, Trustyy disclaims all warranties, whether they be statutory, expressed, or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
8.2 Content and Service Quality:
- 8.2.1 Reliability of Information: Any information obtained from Trustyy, whether oral or written, should not be seen as creating any warranty not explicitly stated in these terms.
- 8.2.2 Use at Own Risk: The services Trustyy provides, including all associated data, information, third-party software, and applications, are offered on an “as is,” “as available,” and “with all faults” basis. You recognize that utilizing Trustyy’s services is entirely at your own risk.
8.3 Service Availability and Reliability:
- 8.3.1 No Guarantee of Uninterrupted Service: Trustyy does not assure uninterrupted, error-free service nor does it guarantee the absence of viruses or other harmful components in its services.
- 8.3.2 User’s Risk in Data Download: Should you download or otherwise obtain materials, data, or content while using Trustyy’s services, you do so at your own discretion and risk. Trustyy is not liable for any potential risks associated with security breaches of its services.
8.4 Limitation of Liability:
- 8.4.1 No Guaranteed Outcomes: Trustyy provides tools and resources aimed at enhancing family dynamics and trust-building but does not guarantee specific results. The effectiveness of the services depends on numerous factors, and Trustyy is not liable for the realization of personal, familial, or relational goals.
- 8.4.2 Accuracy and Completeness of Information: Trustyy endeavors to ensure the accuracy and completeness of its content but does not warrant that all information provided through its services is entirely accurate, complete, or current.
- 8.4.3 Non-Substitutability for Professional Advice: Trustyy’s services and content are not substitutes for professional advice in mental health, medical, legal, or financial domains. Users are responsible for seeking professional advice for their specific needs and should not rely solely on Trustyy’s services for decision-making.
- 8.4.4 Responsibility for Use of Services: Users assume full responsibility for their engagement with Trustyy’s services. Trustyy is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use or inability to use its services.
9 Nature of Trustyy Services
9.1 Non-Medical Nature of Services:
- Trustyy is designed to assist in building family dynamics and trust but does not provide mental health diagnoses, services, or professional psychological advice.
9.2 Limitations:
- Trustyy’s offerings, including articles, tools, and advice, are for educational and informational purposes and should not replace professional mental health care.
9.3 Use Of Mental Health Professionals:
- Although Trustyy does employ some mental health professionals to provide top-quality coaching services, our services are not a substitute for mental health care provided by licensed professionals.
9.4 User Responsibility:
- Users are encouraged to use discretion and are responsible for seeking professional advice for mental health concerns.
10 Termination by Trustyy
10.1 Right to Terminate:
- 10.1.1 Trustyy reserves the right to terminate your access to the Services at any time and for any reason, including but not limited to breaches of these Terms, or any use of the Services that Trustyy deems unacceptable or objectionable, at its sole discretion.
- 10.1.2 Termination may occur without prior notice, and Trustyy will not be liable for any consequences that arise due to such termination.
10.2 Refunds Upon Termination:
- 10.2.1 In cases where Trustyy initiates termination during a period of paid subscription, you may be eligible for a pro-rated refund of your current subscription fee, subject to Trustyy’s discretion.
- 10.2.3 If your account is terminated due to a breach of these Terms, you will not be eligible for a refund.
- 10.2.4 Refund requests post-termination should be directed to Trustyy’s customer service via the contact details provided in your account. Trustyy reserves the right to deny refund requests for any or no specified reason.
- 10.2.5 Suspected fraudulent, abusive, or illegal activities may be reported to law enforcement authorities.
11 Termination by You
You may terminate your agreement with these Terms at any time by ceasing the use of the Services, deleting your account, and uninstalling any associated software as directed earlier in this agreement.
12 Assignment
- 12.1 The rights and licenses granted to you under these Terms cannot be transferred or assigned by you.
- 12.2 Trustyy reserves the right to transfer or assign these Terms without restriction.
- 12.3 Any attempts by you to assign these Terms in violation of this clause shall be considered void and without effect.
13 Force Majeure
Neither Trustyy nor you shall be held liable for any failure or delay in performance under these Terms due to circumstances beyond reasonable control, including but not limited to natural disasters, acts of God, pandemics, wars, terrorism, governmental actions, riots, or any technological issues like internet disturbances or denial-of-service attacks.
14 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Utah, USA, without regard to its conflict of law principles.
15 Interpretation
The original and legally binding version of these Terms is written in English. Any translated versions are provided for convenience only and hold no legal validity. The use of headings within these Terms is purely for convenience and does not affect the interpretation of the provisions. Terms like “includes,” “including,” “such as,” and similar phrases are not limiting and should be considered as examples and not exhaustive lists.
16 Jurisdiction
In the event of any dispute not subject to Arbitration as outlined in these Terms, or where the Arbitration Agreement is deemed unenforceable, any legal action arising from or related to these Terms or your use of Trustyy’s Services will be filed only in the state or federal courts located in Utah, USA. You hereby agree to the exclusive jurisdiction and venue of these courts for such purposes. Claims are to be brought on an individual basis and not as part of any class, consolidated, or representative action.
17 Severability
Should any provision of these Terms be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
18 Modification of this Agreement
Trustyy reserves the right to modify these Terms at any time, reflecting changes in applicable laws, additions or enhancements to the Services, or other relevant factors. We will notify you of such changes through reasonable means, including posting the revised Terms on the Services. You are responsible for regularly reviewing the Terms. Continuation of your use of the Services following any changes indicates your acceptance of the updated Terms. If changes materially alter your rights, we will make reasonable efforts to notify you in advance. Your continued use of the Services after changes become effective signifies your agreement to the new Terms. Discontinuing the use of the Services is your only recourse if you do not agree to the modified terms.
19 Contact Us
For inquiries regarding these Terms, please reach out to Trustyy’s customer service at the contact information provided in your account or as listed below:
Trustyy Customer Service
770 E. Main St.
Lehi, UT 84043
Phone: 801-448-6299
Email: support@trustyy.com
20 Entire Agreement
These Terms, including any documents referenced herein, constitute the entire agreement between you and Trustyy concerning its subject matter and supersede all prior or contemporaneous agreements or terms, whether written or oral.
