Terms of Service
Effective Date: April 10, 2022
You must read and agree to this Terms of Service Agreement ("Terms of Service" or "Agreement") if you are a User of the "Site" or "Services" (all as defined below). The Site and Services are owned and operated by Trusta.app ("Trusta.app" or "Company").
You acknowledge and agree that, by (1) clicking the "I Agree" or similar button to access the Site and Services or (2) otherwise accessing or using our Site and Services, you have read and agree to these Terms of Service. If you do not agree, you must immediately cease all use of the Services.
You acknowledge that these Terms of Service are between you and Trusta.app. Your use of the Services is not only subject to these Terms of Service, but also any terms of service and/or rules of such third-party site.
We reserve the right, at any time, to modify the Services and/or the terms of this Agreement without prior notice. We recommend that you check these Terms of Service periodically to see if there have been any modifications. Modifications will become effective immediately upon being posted on the Site. Your continued use of the Services after modifications are posted will be considered an acceptance of the modified Terms of Service.
Site and Services. Trusta.app has developed and maintains a web-based application service that allows people who have signed up for the Services or Site ("Customers") to: (a) request people who receive a Trusta.app page ("Respondents") to submit video and audio recordings and photos of themselves ("Respondent Content"), (b) create, edit, and produce marketing quality videos incorporating Respondent Content with other audio, video, or image content uploaded by Customer ("Customer Content") and other audio, video, or image content created, developed, or licensed by Trusta.app, (c) host and stream videos using, galleries, and other widgets placed or embedded on Customer site or other authorized third party site ("Authorized Site"), (d) integrate or connect Customer systems and social media accounts with the Service to share data or distribute videos. In addition, the manner in which Customers, Respondents, and any other person that, includes, but is not limited to, people that come to or visit the Site or view or access any widgets ("Visitors") (collectively, a "User" or "Users") access the Site and Services determines what type or types of Users you are and to which obligations and terms you must adhere.
1. Customer Obligations and Terms
The following provisions of this section pertain only to Customers as such term is defined above.
b. Customer Materials. During your participation in the Services, you may provide Trusta.app with (i) certain Company information, including, but not limited to company name and website information.
c. Retention of Customer Materials. Unless otherwise requested by the Customer, required by law or the terms of this Agreement, Trusta.app shall delete any and all Customer Materials and related Respondent Materials (as defined below) thirty (30) days after the termination or cancellation of your use of the Services.
d. Limited Customer Materials License. To allow Trusta.app to offer you the Services, you hereby grant Trusta.app, a non-exclusive, fully transferable, worldwide, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Customer Materials, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Trusta.app privacy policies. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. You retain all ownership of your Customer Materials.
e. Ownership of all separate intellectual property rights remains with Trusta.app and/or any third-party licensor, and your right to use such material is subject to these Terms of Service.
f. Rights to Videos. Trusta.app hereby grants to Customer ownership of videos created and consistent with the terms of this Agreement. Except as granted and authorized in accordance with these Terms of Service, you may not distribute, reproduce, or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.
Through your use of videos, you agree to the following rights and restrictions:
(1) if Content featuring an individual is used in connection with a sensitive, unflattering, or controversial subject, you agree that you must include a statement that the image is used for illustrative purposes only and the individual is a model or actor; and
(2) notwithstanding anything to the contrary in these Terms of Service, you must immediately cease use of and destroy all materials containing Respondent Materials if requested by the subject Respondent, either as communicated directly to you by the Respondent or if Trusta.app informs you they have received such request from such Respondent.
Trusta.app is under no obligation to host, stream, or store the videos after the expiration of the subscription period or termination of the Services with Customer. Customer must download the videos before the service period expires or is terminated if they wish to use such material outside the subscription period.
g. Customer Lists. Trusta.app may identify you (by name and logo) as a Trusta.app Customer on Trusta.app's website and on other promotional materials.
h. Payment of Fees. If you select one of our paid plans as a Customer ("Paid Customer"), you agree to pay all per-use fees or fees associated with your subscription, as appropriate ("Fees"). Where applicable, you will be billed using the billing method you select through your shopify account.
i. Taxes. You are responsible for payment of any sales or use taxes associated with the Fees or your use of the Site or Services.
j. Subscriptions. Our Services are billed on a subscription basis ("Subscription"). This means that you will be billed in advance on a recurring, periodic basis (each period is called a "Billing Cycle"). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your shopify online account.
k. Price Changes. Trusta.app may change the Fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Trusta.app will provide you with advance notice of any change in Fees.
l. Overage Fees. Unless otherwise stated, any overage fees, including but not limited to any applicable storage fees, incurred by you will be billed immediately upon exceeding the permitted usage threshold. Overage fees which remain unpaid for thirty (30) days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Services being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with the Services.
m. Subscription Upgrades Added Mid-Subscription Term. You may request to add additional subscription units (e.g., change plan type, change from monthly to annual billing, etc.) to a subscription during a subscription term. The additional subscription upgrade will be prorated for the portion of that subscription term remaining at the time the subscription upgrade is added. Any such additional subscription upgrade will renew or terminate on the same date as the underlying subscription. Subscription units relating to a Service cannot be decreased during a subscription term for that Service.
n. Downgrades and Inactivity. You acknowledge that we reserve the right to convert any Paid Customer account to a free customer account upon non-receipt of a subscription fee or cancel the account entirely. You understand and agree that in the event your status as Paid Customer is terminated or interrupted for any reason, including, but not limited to, the expiration of the Subscription and/or your failure to renew a new Subscription, that your videos may become disabled and will not be viewable on any site. Furthermore, we reserve the right to terminate any free customer account with no prior notice to you, including the deletion of any videos and content associated therewith.
o. Connector Limitation of Liability. Trusta.app provides Connectors to customer's existing systems, including, but not limited to Zapier, (your system utilizing these services are the "Customer Systems") and social media sites, including but not limited to YouTube, Facebook, Twitter, LinkedIn, and Instagram (collectively, your "Social Media Accounts") and provides access to Trusta.app data via an Advanced Programming Interface
p. Responsibilities for Calls and Messaging. To the extent applicable to your use of the Service, you shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (https://www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et seq, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting or emailing, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the "Calling Laws"). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, email, or other communication transmitted through the Service and for all content relating to, inducing, or encouraging calls, SMS/MMS messages or other communications to take place. Trusta.app is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.
2. Respondent Obligations and Terms
The following provisions of this section pertain only to Respondents as it is defined above.
a. Respondent Materials. During your participation in the Services as a Respondent, you will provide Trusta.app with audio, video recordings, or photos of yourself or other likeness (referred to as "Respondent Content") and (ii) your contact information (collectively, (i) and (ii) the "Respondent Materials"). You warrant that all Respondent Materials uploaded or contributed by you, either from your own computer, mobile device, or another website/server, is created and owned by you and you can enter into this Agreement and license the Respondent Materials to Trusta.app. You shall own the Respondent Materials and may revoke your consent for use of your Respondent Content or Respondent Materials at any time upon providing notice to Trusta.app or Customer as set forth in Section 8.
b. Respondent Material License. To allow Trusta.app and the requesting Customer to offer you the Services, you hereby grant Trusta.app and the requesting Customer a non-exclusive, fully-transferable, worldwide, fully-paid right and license to use, reproduce, modify, create derivative works from, distribute, perform, transmit, and display your Respondent Materials. By doing so, the requesting Customer becomes the "Data Controller" of the Respondent Materials. Customer may further amend, extend, and modify the license to the Respondent Materials by having Respondent execute a clickthrough agreement (each a "Custom Video Release") between the Respondent and Customer at the time of contribution. If you agree to a Customer Video Release, you are entering into a separate and binding agreement with the Customer. Trusta.app is not a party to any Custom Video Release.
c. Respondent Attribution. You agree and accept that by submitting Respondent Materials, you confirm and agree to have your name and other attributes, including but not limited to location, title, and organization affiliation, displayed and included in videos made from your Respondent Materials. You warrant that you are who you say you are and are not attempting to misrepresent your identity.
d. Respondent Release. You hereby acknowledge that you release any and all claims, demands, obligations, liabilities, costs, expenses, actions, or causes of action against Trusta.app, the requesting Customer, and their agents, successors, assigns, and licensees, in connection with use of any and all Respondent Materials in compliance with the license set forth in Section 2(b) above. You hereby release any and all claims whatsoever in connection with the use of your image, likeness, privacy, and name and the reproduction thereof as aforesaid, including libel and defamation and waive any right to inspect and/or approve any images, photographs, films, video recordings, or advertising copy that may be used in connection therewith or the use to which it may be applied, used prior to your revocation of consent as permitted, and as may be withdrawn by contacting Trusta.app as set forth in Section 8. If applicable, you hereby affirm that you have obtained consent of the legal guardian of any minor depictured and that such signatory. You affirm that you have the right to contract in your own name and have been advised that you can seek review of the terms of this agreement from independent legal counsel.
Respondents' opinions, comments and views are their own and Trusta.app shall not be liable for your views, comments, or opinions, and shall not be liable for any damages arising from your views, opinions, or comments, including, but not limited to, falsehoods or hate speech.
3. All User Obligations and Terms
The following provisions in this section pertain to all Users, including but not limited to Customers, Respondents, and Visitors, as they are defined above.
a. Minors. You must be thirteen (13) years of age or older to be a User of the Services. By continuing to use the Services, you are warranting that you are at least thirteen (13) years old. You further warrant that you have the authority to enter into these Terms of Service.
b. Conduct. You agree to obey all applicable rules and regulations in using the Services, and agree that you are responsible for the contents of your submissions or communications through the Site, including, but not limited to, Customer Materials and Respondent Materials (collectively, "Submissions").
You agree that you will not upload, share, or otherwise distribute any Submissions that:
(i) are unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or impersonate another person;
(ii) contain explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or in any way violate child pornography laws;
(iii) victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(iv) infringe on any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
(v) constitute unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
(vi) contain software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
(vii) contain measures that could be used to determine the architecture of the Site, or could be used to decompile, disassemble, or reverse engineer the Site; or are to be used for a commercial purpose of any kind except as set forth herein; and
(viii) attempt to copy, download, capture videos into file format without our written permission.
Trusta.app reserves the right to terminate your account and your use of any Services if it is discovered you are using the account against these Terms of Service, particularly as set forth in this section.
c. Site Content. Trusta.app does not pre-screen or monitor Submissions. However, Trusta.app retains the right, at our sole discretion, to remove any content of any kind that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.
If you would like to notify us of content which you believe does not comply with these Terms of Service, please contact us as set forth in Section 8. Make sure to include the reasons you believe it does not comply. You understand that in using the Services, you may be exposed to materials that are objectionable as set forth above. You hereby waive and agree to waive all rights, claims, and actions in law or equity against Trusta.app arising from your exposure to such Submissions.
You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you and without reimbursement if we suspect a violation any of these Terms of Service. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.
d. We encourage you to link to content on the Site
Your right to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(i) screenshots of the Site, quotes taken from our text, video, or audio content, and any references to our brand, domain, or web pages must include a search-engine-followable HTML link;
(ii) the link may not use, defame, or tarnish any logo, graphic, tagline, service mark, trademark, or copyrighted information of Trusta.app or any other third party;
(iii) the link and surrounding materials must not deliver the Site content in a framed environment, or alter the layout, content, look, or feel of the Site;
(iv) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and Trusta.app;
(v) the link and surrounding materials must not portray Trusta.app or services available on the Site, or the Site itself, in a false, misleading, derogatory, defamatory or otherwise offensive manner;
e. Referral Program. Trusta.app may offer a referral program, whereby an incentive is offered to
f. Limitation of Resources. You agree that we have no responsibility or liability for the deletion or failure to store or stream any content maintained or transmitted on or through the Services. The accounts of our Users operate on shared resources. Excessive use or abuse of these shared network resources by one User may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited. You acknowledge that we have the right, at our sole discretion, to terminate your account, or limit the amount of storage space, bandwidth, or other resources you may use.
g. International Use. You agree to comply strictly with all export control laws, and assume sole responsibility for obtaining licenses to export or re-export as required. You represent and warrant that (i) you are not located in a country that is subject to a United States government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
h. Access or Use by Competitors. Trusta.app expressly prohibits use of its Site and Services for the purpose of attempting to decompile, disassemble, reverse engineer, or otherwise to discern any Trusta.app trade secrets or confidential information, or for any commercial purpose except those set forth in these Terms of Service. Trusta.app may, at its sole discretion, terminate any accounts for which it believes or suspect such activity is, has, or may take place with no notice or warning.
4. General Terms and Obligations
b. Changes to the Services. At its sole discretion, Trusta.app may offer additional Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and any and all updated, modified, or revised Services unless otherwise stipulated. Trusta.app does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at any time. You acknowledge, accept, and agree that Trusta.app shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Site or Services. Trusta.app shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication or personalization settings.
c. Trusta.app's Intellectual Property Rights. Trusta.app is the owner and retains all proprietary rights to the Site and the Services and all associated copyrights, trademarks, brands, service marks, patents and patentable material, or other proprietary rights under law whether registered or unregistered. Copying, distributing, modifying, or creating derivative works of Trusta.app's Services without Trusta.app's written permission is strictly prohibited.
Trusta.app's trademarks and/or service marks may not be used in connection with any product or service that is not provided by Trusta.app, in any manner that is likely to cause confusion among customers or users of the site, tarnishes or dilutes the marks, or disparages or discredits Trusta.app.
d. Others' Intellectual Property Rights. Trusta.app respects third party intellectual property rights that may be implicated in creating a video. These intellectual property rights, and your responsibilities with respect to these rights. All trademarks and/or service marks displayed on the Site are the exclusive property of their respective owners, and may not be used without the owner's permission.
e. Notice of Copyright or Intellectual Property Infringement. Please notify us if you believe any of your intellectual property rights have been infringed by a User of the Site. Pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
To be effective the notification should include: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the right being infringed; (b) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (d) information sufficient to allow us to contact the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the right being infringed. If you fail to comply with all of these requirements, your DMCA notification may not be valid.
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from our site without liability, and the claims of the complaining party and party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
If you believe that your video has been removed in error, you may submit a counter-notification in compliance with DMCA. To be effective, the counter-notification must include: (a) your physical or electronic signature, (b) identification of your material that has been disabled, and the location of the material before it was removed, (c) a statement under penalty of perjury that you have a good faith belief that your material was disabled as a result of mistake or mis-identification of the material, and (d) your name, address, and telephone number, and a statement that says you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (if in the United States), or if your address is outside of the United States, for any judicial district in which the Trusta.app may be found, and that you agree to accept service of process from the complaining party, or an agent of such person.
f. Repeat Infringers. Your account will be terminated if, at Trusta.app's sole discretion, you are determined to be a Repeat Infringer. "Repeat Infringers" are Users who have been the subject of one (1) or more valid takedown request that has not been successfully rebutted, or are otherwise deemed so by Trusta.app.
g. Disclaimer of Warranties. ALL Trusta.app SERVICES, INCLUDING WITHOUT LIMITATION OPEN SOURCE SOFTWARE, AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
THE USE OF THE SERVICES, THE UPLOADING OF CUSTOMER MATERIALS AND/OR RESPONDENT MATERIALS, OR THE STREAMING, EMBEDDING, DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS OR CONTENT, INCLUDING BUT NOT LIMITED VIDEOS AND WIDGETS, THROUGH THE SERVICES OR THROUGH THIRD PARTIES', IS DONE AT YOUR OWN RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
h. Limitation of Liability. EACH PARTY'S EXCLUSIVE REMEDY AND ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS ARISING OUT OF THE SERVICES OR USE THEREOF SHALL BE LIMITED TO THE AMOUNT PAYABLE TO Trusta.app FOR USE OF THE SERVICE BY THE REQUESTING CUSTOMER, IF ANY, DURING THE SIX-MONTH PERIOD BEFORE THE ACT GIVING RISE TO THE LIABILITY (OR, IF NO SUCH AMOUNT WAS PAID, $1.00 USD).
IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER PARTIES HERETO FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF ANY AND ALL OF YOUR CUSTOMER MATERIALS, RESPONDENT MATERIALS, AND VIDEOS. Trusta.app SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CUSTOMER OR RESPONDENT MATERIALS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
i. Indemnification. You agree to indemnify and hold Trusta.app, and its respective parents, subsidiaries, affiliates, officers and employees, harmless from any liabilities, claims, expenses or demands, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use or misuse of the Site or Services, (b) the viewing of your content or video, (c) the violation of laws, rules, regulations or terms this Agreement, (d) your failure to comply with Trusta.app's terms of service or other terms of any open source licenses, if applicable,(e) infringement by your content, by you, or by someone using your account, of any intellectual property or any other right of any person or entity. Trusta.app reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Trusta.app in asserting any available defenses.
j. Termination of Use. We may terminate or suspend your use of the Services at our discretion and for any reason. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your account and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and we may immediately deactivate or delete your account and all related information. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension.
k. Distribution Terms. In distributing videos to third parties, Customer must obtain the third party's agreement to these Terms of Service. Customer shall indemnify and defend Trusta.app for any and all claims or causes of action arising from the third party's use of videos. Customer assumes all responsibility for compliance with the terms of this Agreement by third party recipients of videos.
5. Data Processing Terms – Customers
These Data Processing Terms only apply if (a) you have obtained a Customer subscription with Trusta.app, and (b) your use of Trusta.app Services involves collecting or uploading Personal Data from data subjects that are residents in the European Economic Area or Switzerland (collectively referred to as "EU Residents") and/or incorporating that Personal Data in Trusta.app Videos or otherwise sharing the Personal Data with Trusta.app.
Trusta.app considers the issues of privacy and data security to be of utmost importance and will make reasonable efforts to comply with current laws, rules, regulations, and guidelines related to personal information and security as such continue to evolve.
a. Definitions for Purposes of These Data Processing Terms. The term "data subject" means the identified or identifiable person to whom any Personal Data (as defined below) relates.
The term "Personal Data" means any information that: (i) can be used, alone or in connection with other information, to identify an individual; or (ii) is otherwise subject to any applicable privacy or data laws regarding personal information. For avoidance of doubt, Personal Data includes an individual's name, email address, and likeness, including in photographs or video.
The term "processing" means any action performed on Personal Data, including by automated means, such as collecting, recording, organizing, structuring, storing, altering, retrieving, modifying, using, disclosing, transmitting, or deleting.
The Customer is the "Data Controller" and Trusta.app is the "Data Processor" for purposes of any applicable data privacy laws, including without limitation the EU Directive 95/46/EC, the EU General Data Protection Regulation 2016/679 (the "GDPR"), and the EU-US Privacy Shield Framework for all data, including but not limited to all Customer Materials and Respondent Materials, except in the following limited circumstance where Trusta.app is the Data Controller: account registration and contact information submitted directly to Trusta.app site via the signup process or a contact us form.
b. Your Responsibilities. As a result of using the Services and the Site, you hereby represented and warranted to Trusta.app that (a) any collection you perform of Personal Data from EU Residents will be in compliance with your own privacy statement, to which you will receive express consent by data subjects; (b) you will comply with all applicable laws, rules, and regulations in using the Trusta.app Service, including without limitation data protection regulations and laws relating to Personal Data such as the GDPR; and (c) you agree to immediately inform Trusta.app of a request by a data subject to delete Personal Data so that Trusta.app can promptly comply.
c. Trusta.app's Responsibilities. Trusta.app agrees that it will:
(i) process Personal Data in accordance with your documented instructions, including with regard to transfers of Personal Data to a third country or an international organization, unless required to do so by applicable law, in which case it will inform you to the extent permitted by law;
(ii) ensure personnel authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality, and that such personnel do not process any Personal Data except in accordance with your documented instructions;
(iii) implement appropriate technical and organizational measures to ensure the security of any Personal Data, taking into account the risks that are presented by the processing;
(iv) ensure that third party sub-processors engaged by Trusta.app are subject to the same data protection obligations set forth in these Data Processing Terms, and Trusta.app will be responsible for sub-processors' performance under such obligations;
(v) in consideration of the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of your obligation to respond to requests made by data subjects pursuant to applicable law;
(vi) in consideration of the nature of the processing, assist you in meeting your obligations under applicable law, including without limitation those arising pursuant to Articles 32 to 36 of the GDPR (relating to data security, breach notification, and impact assessments);
(vii) and at your written request, no more than one (1) time per year unless otherwise required under applicable law, make available to you all information necessary to demonstrate Trusta.app's compliance with its obligations under these Terms of Service and/or permit audits to verify such compliance (to this end, you consent to Trusta.app engaging a reputable independent auditor of its choice to conduct such audits in lieu of you or your designee);
(viii) at your request, delete or return to you all Personal Data in Trusta.app's possession or control after the end of the provision of Services relating to processing, and delete existing copies unless applicable law requires storage of such Personal Data.
Notwithstanding the foregoing, you acknowledge that videos may be downloaded and/or shared on sites and platforms and are not always hosted on Trusta.app's or its vendors' servers. As such, Trusta.app may not be able to fulfill a request to delete Personal Data of a data subject contained in a video that has been downloaded and/or distributed in such a manner.
6. Governing Law
The laws of Israel
7. Agreement to Arbitrate All Disputes
Notwithstanding anything contained herein, you agree that any legal disputes arising out of or relating to these Terms of Service or the Services shall be submitted to binding arbitration in Israel. You agree that any claim, action or proceeding arising out of or related to these Terms of Service or the Services must be brought in your individual capacity, and not as a plaintiff or class member in any purported representative or class proceeding. The arbitrator may not consolidate more than one person's claims. YOU ACKNOWLEDGE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING.
All notices to Trusta.app, including requests from a Respondent to withdraw their consent to Trusta.app and/or Customer's use of Respondent Materials, shall be in writing and must be sent to Trusta. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you when registering or updating your account. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five (5) business days after the mailing date, if sent by United States mail, return receipt requested; (iv) on the delivery date if transmitted by facsimile; (v) on the delivery date if transmitted by email; or (vi) immediately if broadcast by Trusta.app.
If any provision of this Agreement shall be unlawful, void, or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Agreement may be assigned by Trusta.app, in our sole discretion, to any third party at any time. You may not transfer or assign any of your rights and obligations under this Agreement, and any attempt to do so will be null and void.
If you are a California resident, California Civil Code §1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties' direct marketing purposes.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.