Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
This Terms of Service agreement ("Terms") governs your access to and use of the TrustMind software-as-a-service platform (the "Service") provided by TrustMind, Inc. ("TrustMind", "we", "us", or "our"). These Terms constitute a binding legal agreement between TrustMind and the entity agreeing to these Terms ("Customer", "you", or "your"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
By accessing or using the Service, or creating an account, you signify your agreement to these Terms and our Privacy Policy (incorporated herein by reference). If you do not agree to these Terms, do not use the Service.
We may update these Terms from time to time. We will provide notice of significant changes as described below. Continued use of the Service after updates constitutes acceptance of the revised Terms.
Description of Service
TrustMind provides a platform designed to assist software companies in automating responses to security questionnaires by leveraging user-provided context and third-party artificial intelligence models. The Service allows authorized users ("Users") designated by the Customer to upload Questionnaire Content (as defined below) and utilize the platform's tools to generate potential responses.
The Service includes features as described on our website or within the platform itself, which may be updated from time to time. We reserve the right to modify or discontinue features or the Service itself, subject to the terms herein.
Eligibility and Account Registration
Eligibility: The Service is intended solely for business use and is not available to consumers for personal, family, or household purposes. You must be authorized to act on behalf of the Customer entity.
Account Registration: To access the Service, you must register for an account, providing accurate and complete information (including User names, business emails, and company name).
Account Security: Customer is responsible for maintaining the confidentiality of all User account credentials and for all activities that occur under its accounts. Customer agrees to notify TrustMind immediately of any unauthorized use of its accounts. TrustMind is not liable for any loss or damage arising from Customer's failure to protect its account credentials.
User Management: Customer is responsible for managing its Users and ensuring their compliance with these Terms. Customer is responsible for the actions of its Users.
Service Plans, Fees, and Payment
Freemium Model: TrustMind operates on a freemium model.
- Free Tier: Customers may use the Service free of charge for a limited number of questionnaires per month ("Free Tier Limit"), as specified on our website or within the Service. The initial Free Tier Limit may be subject to promotional offers (see below). Usage exceeding the Free Tier Limit requires upgrading to a paid plan.
- Paid Subscriptions: Features beyond the Free Tier Limit, or potentially enhanced features, require a paid subscription ("Paid Subscription"). Available plans and features are described on our website or service interface.
Introductory Offer (Initial Period): Notwithstanding the standard Free Tier Limit, for an introductory period (expected to be approximately 3-6 months from the initial launch, at TrustMind's discretion), TrustMind may offer all users an increased monthly questionnaire limit (e.g., up to 10 questionnaires per month) at no charge. TrustMind reserves the right to modify or end this introductory offer at any time with reasonable notice.
Subscription Terms: Paid Subscriptions are offered on a monthly or annual basis, as selected by Customer. Annual subscriptions may be offered at a discount compared to monthly subscriptions.
Auto-Renewal: ALL PAID SUBSCRIPTIONS WILL AUTOMATICALLY RENEW for successive periods equal to the initial subscription term (monthly or annually) unless Customer cancels the subscription through their account settings or by providing written notice to TrustMind before the end of the current term.
Fees: Current fees for Paid Subscriptions are listed on our website or service interface. Fees are subject to change (see Price Changes below). All fees are stated in U.S. Dollars.
Payment: Customer agrees to pay all applicable fees for the selected Paid Subscription. Payments for monthly and annual subscriptions are due in advance. We use a third-party payment processor (e.g., Stripe) for credit card payments. For certain plans, invoicing may be available subject to TrustMind's approval and invoicing terms. Customer authorizes TrustMind (or its processor) to charge the provided payment method for all fees incurred.
No Refunds: ALL FEES ARE NON-REFUNDABLE. There are no refunds or credits for partially used periods, downgraded plans, or unused time if you cancel or terminate your account.
Price Changes: TrustMind reserves the right to change the fees for Paid Subscriptions upon reasonable prior notice. For existing subscriptions, price changes will take effect upon renewal. We will provide at least three (3) months' notice (e.g., via email or in-app notification) before price changes affecting existing subscriptions become effective.
Taxes: Fees listed do not include taxes. Customer is responsible for paying all applicable sales, use, value-added, withholding, or other taxes, duties, or levies associated with its subscription, other than taxes based on TrustMind's net income. If we are required to collect or pay taxes, we will invoice Customer unless a valid tax exemption certificate is provided.
Late Payments: Late payments may incur interest at the maximum rate permitted by law and may result in suspension or termination of access to the Service.
Intellectual Property Rights
TrustMind's IP: As between the parties, TrustMind owns and retains all right, title, and interest in and to the Service, including the underlying software, platform, technology, algorithms, workflows, user interface design, documentation, aggregated and anonymized data (including any benchmarking insights generated from such data), and all associated intellectual property rights ("TrustMind IP"). Subject to Customer's compliance with these Terms, TrustMind grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable Subscription Term solely to access and use the Service for Customer's internal business purposes related to managing and responding to its security questionnaires.
Customer's IP: As between the parties, Customer owns and retains all right, title, and interest in and to the content uploaded by its Users to the Service, including the questions and answers contained within security questionnaires ("Questionnaire Content"). Customer grants TrustMind a limited, non-exclusive, worldwide, royalty-free license to access, use, process, store, reproduce, modify (e.g., for formatting), and display the Questionnaire Content solely as necessary to: (a) provide, maintain, secure, and update the Service for Customer; (b) prevent or address service, security, or technical issues; (c) perform analysis for the purpose of improving the Service and developing aggregated, anonymized data insights and features (such as the benchmarking feature described in our Privacy Policy); and (d) comply with applicable law or legal process.
Feedback: If Customer or its Users provide TrustMind with any feedback, suggestions, or ideas regarding the Service ("Feedback"), Customer hereby grants TrustMind an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use, exploit, and incorporate such Feedback in any manner TustMind deems appropriate, without any obligation or compensation to Customer.
Confidentiality
Definition: "Confidential Information" means any information disclosed by one party ("Discloser") to the other party ("Recipient") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. TrustMind's Confidential Information includes, but is not limited to, non-public information regarding the Service's features, performance, technology, pricing, and future roadmap. Customer's Confidential Information includes, but is not limited to, non-public Questionnaire Content uploaded to the Service.
Obligations: The Recipient agrees to: (a) use the Discloser's Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms; (b) not disclose the Discloser's Confidential Information to any third party except as expressly permitted herein or with the Discloser's prior written consent; and (c) protect the Discloser's Confidential Information using at least the same degree of care it uses to protect its own confidential information of similar importance, but in no event less than reasonable care. The Recipient may disclose Confidential Information to its employees, contractors, and agents who have a need to know for purposes consistent with these Terms and who are bound by confidentiality obligations at least as restrictive as those herein.
Exclusions: Confidential Information does not include information that: (a) is or becomes publicly known through no fault of the Recipient; (b) was known to the Recipient prior to disclosure by the Discloser without breach of any obligation owed to the Discloser; (c) is rightfully received from a third party without restriction on disclosure and without breach of any obligation owed to the Discloser; or (d) was independently developed by the Recipient without use of or reference to the Discloser's Confidential Information.
Compelled Disclosure: The Recipient may disclose Confidential Information of the Discloser if required by law or legal process, provided the Recipient gives the Discloser prompt prior notice (if legally permitted) to allow the Discloser an opportunity to contest the disclosure, and reasonably cooperates with the Discloser in such efforts.
Customer Obligations and Acceptable Use
Compliance with Laws: Customer agrees to use the Service in compliance with all applicable local, state, national, and international laws and regulations.
Content Responsibility: Customer is solely responsible for the accuracy, quality, legality, and appropriateness of all Questionnaire Content uploaded or processed using the Service. Customer represents and warrants that it has obtained all necessary rights, licenses, and consents required to upload, process, and use the Questionnaire Content in connection with the Service and to grant the licenses to TrustMind specified herein.
- Use the Service for any illegal, fraudulent, harmful, or infringing purposes.
- Upload, transmit, or store any content that is unlawful, defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
- Upload or transmit any viruses, malware, worms, or other harmful computer code.
- Interfere with, disrupt, or negatively affect the integrity or performance of the Service, its infrastructure, or data contained therein.
- Attempt to gain unauthorized access to the Service, other users' accounts, or related systems or networks.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service.
- Modify, translate, or create derivative works based on the Service.
- Rent, lease, lend, sell, sublicense, assign, distribute, or otherwise transfer rights in the Service.
- Use the Service primarily as a general-purpose interface or proxy to underlying large language models for generating responses or content unrelated to the Customer's own security questionnaires or internal security documentation. Using the Service for queries outside this intended scope is prohibited.
- Impose an unreasonable or disproportionately large load on the Service's infrastructure, as determined by TrustMind in its reasonable discretion.
Consequences of Violation: TrustMind reserves the right to investigate potential violations of this Section. We may suspend or terminate Customer's access to the Service immediately without notice if we reasonably determine a violation has occurred, particularly for violations of the acceptable use policy. Procedures for termination due to abuse are further outlined below.
Service Levels, Support, and Maintenance
Service Availability Goal: While we strive for high availability, aiming for 99.5% uptime, the Service is provided on an "AS IS" and "AS AVAILABLE" basis. TrustMind does not guarantee any specific level of uptime or service availability.
Support: Support for the Service is provided via email only during TrustMind's standard business hours (as may be posted on our website), on a best-effort basis. Support is included for paying subscribers; support for Free Tier users may be limited.
Maintenance: TrustMind may need to perform scheduled or unscheduled maintenance on the Service or its underlying infrastructure. We will use reasonable efforts to provide advance notice of scheduled maintenance that is expected to cause significant downtime, but we reserve the right to perform emergency maintenance without prior notice. TrustMind is not liable for any downtime or service unavailability due to maintenance.
Disclaimers
General Disclaimer: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS 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. TRUSTMIND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR COMPLETE.
AI Output Disclaimer: YOU ACKNOWLEDGE THAT THE SERVICE UTILIZES ARTIFICIAL INTELLIGENCE AND LARGE LANGUAGE MODELS TO GENERATE RESPONSES BASED ON THE QUESTIONNAIRE CONTENT YOU PROVIDE. THESE GENERATED RESPONSES ARE SUGGESTIONS ONLY AND MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS. GENERATED RESPONSES REQUIRE HUMAN REVIEW AND VALIDATION BY YOU FOR ACCURACY AND SUITABILITY FOR YOUR SPECIFIC PURPOSES. THE SERVICE AND ITS OUTPUT DO NOT CONSTITUTE LEGAL, SECURITY, COMPLIANCE, OR ANY OTHER FORM OF PROFESSIONAL ADVICE. TRUSTMIND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR YOUR RELIANCE ON OR USE OF ANY OUTPUT GENERATED BY THE SERVICE.
Free Tier Disclaimer: FOR CUSTOMERS USING THE FREE TIER OR ACCESSING THE SERVICE DURING ANY INTRODUCTORY OFFER PERIOD, THE SERVICE IS PROVIDED STRICTLY "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOUR USE OF THE SERVICE DURING SUCH PERIODS IS ENTIRELY AT YOUR OWN RISK, AND TRUSTMIND DISCLAIMS ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
Exclusion of Certain Damages: TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PARTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
Cap on Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING THE DISCLAIMERS IN SECTION 8, IF TRUSTMIND IS FOUND LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, TRUSTMIND'S TOTAL AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, SHALL BE LIMITED. THIS LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO TRUSTMIND FOR THE SERVICE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL USERS, SUBJECT TO THE SPECIFIC PROVISION FOR FREE TIER USERS BELOW.
Free Tier Liability Cap: NOTWITHSTANDING THE FOREGOING, FOR CUSTOMERS USING THE FREE TIER OR DURING ANY INTRODUCTORY OFFER PERIOD, TRUSTMIND'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
Basis of Bargain: THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRUSTMIND AND CUSTOMER.
Term and Termination
Term: These Terms commence upon your acceptance and continue until terminated. The term for Paid Subscriptions will be monthly or annual, as selected by Customer, and will automatically renew unless cancelled as described below. Access under the Free Tier continues on a month-to-month basis until terminated by either party or upgraded to a Paid Subscription.
Termination by Customer: Customer may terminate a Paid Subscription by cancelling the renewal through their account settings or by providing written notice to TrustMind prior to the end of the then-current subscription term. Termination will be effective at the end of the current paid term. No refunds will be issued for any remaining period.
For Cause: TrustMind may suspend or terminate Customer's access to the Service (including Free Tier and Paid Subscriptions) immediately or upon notice if Customer materially breaches these Terms (including failure to pay fees or violation of the Acceptable Use policy) and fails to cure such breach within ten (10) days of notice (if curable); provided, however, that termination for certain violations of the Acceptable Use policy above such as using the service as an LLM proxy, may occur after a warning followed by immediate termination upon continued abuse, without refund.
For Non-Payment: TrustMind may suspend access for non-payment and terminate the account if fees remain unpaid after notice.
For Free Tier: TrustMind reserves the right to modify, suspend, or terminate access for Free Tier users at any time, with or without cause, upon reasonable notice (or immediately for breach).
Effect of Termination: Upon termination or expiration: (a) Customer's right to access and use the Service will immediately cease; (b) any outstanding fees owed by Customer become immediately due and payable; (c) Customer is responsible for exporting its Questionnaire Content prior to termination.
Data Deletion: Following termination, TrustMind will delete Customer's Questionnaire Content within a commercially reasonable period (e.g., 30-90 days), unless legally required to retain it or for data retained in routine backups (subject to confidentiality obligations). For termination due to specific abuse outlined above, Customer may be granted a 30-day period post-termination to download their data before deletion.
Survival: Sections Intellectual Property Rights, Confidentiality, Disclaimers, Limitation of Liability, Effect of Termination, Survival, Indemnification, Governing Law and Dispute Resolution, and Miscellaneous shall survive any termination or expiration of these Terms.
Indemnification
Customer agrees to defend, indemnify, and hold harmless TrustMind, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's or its Users' access to or use of the Service; (b) Customer's breach of these Terms or violation of applicable law; (c) Questionnaire Content uploaded or processed by Customer or its Users, including any claim that such content infringes or violates a third party's intellectual property rights, privacy rights, or other rights, or is otherwise unlawful; or (d) Customer's negligence or willful misconduct.
Governing Law and Dispute Resolution
Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
Dispute Resolution; Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Wilmington, Delaware before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
Class Action Waiver: YOU AND TRUSTMIND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exception - Injunctive Relief: Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights or confidentiality obligations.
Third-Party Services
The Service relies on and integrates with third-party services (such as hosting providers, AI model providers, and analytics tools). TrustMind is not responsible for the actions, omissions, availability, or security of such third-party services. Your use of any third-party services may be subject to separate terms and conditions provided by the applicable third party.
Notices
Notices to Customer may be provided via email to the address associated with the Customer's account or through postings within the Service interface.
Assignment
Customer may not assign or transfer these Terms, in whole or in part, by operation of law or otherwise, without TrustMind's prior written consent. Any attempt to assign without consent will be void. TrustMind may freely assign or transfer these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Changes to Terms
TrustMind reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide reasonable notice prior to the new terms taking effect (e.g., via email or in-app notification). What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms.
Miscellaneous
Entire Agreement: These Terms, together with the Privacy Policy and any order forms or exhibits referencing these Terms, constitute the entire agreement between Customer and TrustMind regarding the Service and supersede all prior agreements or understandings.
Severability: If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.
Waiver: The failure of either party to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by the waiving party.
Force Majeure: Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, war, government actions, or network or infrastructure failures.
Relationship of Parties: The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
No Third-Party Beneficiaries: Except as expressly provided herein (e.g., indemnified parties), there are no third-party beneficiaries to these Terms.
Headings: Headings are for convenience only and do not affect the interpretation of these Terms.