App Store Terms & Conditions

TERMS AND CONDITIONS

Terms of Use

Your use of this website, the apps and other digital content or services (referred to as “Content”) available through it and all associated sites linked to it is governed by these terms and conditions of use (“Terms of Use”).  BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS.

Trellance, Inc. (“Trellance”) reserves the right to update these Terms of Use at any time and without notice to you.  The most recent version of these Terms of Use can be viewed by clicking on the “Terms and Conditions” link located at the bottom of our webpages.  Your continued use of this Website following the posting of changes will indicate your acceptance of such changes.  The new Terms will apply to all your use of Content (including previously purchased or installed Content) and all subsequent purchases and installs.

Payments and Sales

Currently, payment for all purchases will be accepted via credit card.  However, various payment processing methods may be made available to you to purchase Content via the Website.  You agree to abide by any relevant terms and conditions or other legal agreement, whether with Trellance or a third party, that governs your use of a given payment processing method. You are responsible for all amounts payable associated with purchases you make on the Website.  Pricing for Content is subject to change without notice.  

“Taxes” means any duties, customs fees, levies, or taxes (other than income tax) associated with the sale of Content, including any related penalties or interest. You are responsible for any Taxes and must pay for Content without any reduction or withholding for Taxes.  

Intellectual Property Rights

Trellance and/or its licensors own all the intellectual property rights to the Content contained in this Website.

You are granted a limited, revocable, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free, license to use this Website only for purposes of viewing and downloading the Content on this Website.  

Subject to the terms, conditions, and limitations set forth in these Terms of Use, Trellance grants to you, a limited, revocable, worldwide, non-exclusive, non-transferable, non-assignable, non-sublicensable, royalty-free, fully paid up license (the “License”) during the Term of this Agreement to:

(a) install a single copy or multiple copies of the Content on your network;

(b)  make the Content available over a network or by means of remote electronic access; and

(c)  use any documentation provided in connection with the Content solely in support of your authorized use of the Content.

You shall not, nor will you authorize or permit your users, including your employees, vendors, customers, contractors, or other third parties, to:

(a)  sell, rent, lease, redistribute, broadcast, transmit, communicate, modify, sublicense, transfer, assign, or provide access to any Content to any third party;

(b)  translate, adapt, modify, alter, disassemble, decompile, decode, or reverse engineer Content or combine Content with other software; 

(c)  interfere with, disrupt, manipulate, or damage this Website or any Content; 

(d)  prepare derivative works based in whole or in part on the Content, cause or allow discovery of Content source code, or otherwise reduce Content software to a human-perceivable form; or

(e)  use the Content to build competitive products, publicly disseminate information regarding the performance of the Content, or encourage or assist any third party to do any of the foregoing.

In addition, you are specifically restricted from the following:

You must further take all reasonable and necessary steps to ensure your users access and use the Content only in accordance with these Terms of Use.

Content may be bundled with or incorporated into it software owned by and licensed from independent third parties, which may include open source software (the “Third Party Software”). Prior to using any such Content, you must obtain a separate license from such third-party software provider (such as Microsoft PowerBI) to use its software product.

Trellance may purchase or license Third-Party Software to incorporate as part of the Content or deliver to you for use in conjunction with the Content.  

Trellance makes no warranties or representations of any kind regarding the correctness, accuracy, completeness, merchantability or fitness of any Third-Party Software or any associated services, products, information, systems, technology, deliverables, or any other materials provided in connection with any Third-Party Software.

The License granted above may not be sublicensed or commercially distributed or shared with any third party without the express written consent of Trellance. You must have a written agreement with each third-party user that contains language protecting Trellance’s interests and intellectual property in a manner equal to that provided in these Terms of Use. 

Trellance will own or have a royalty-free, worldwide, perpetual license to use or incorporate into the Content any suggestions, ideas, enhancement requests, feedback, recommendations, or other information you provide relating to the Content.

If you create any derivative works in violation of these Terms of Use, based in whole or in part on the Content, you hereby assign all of your rights, title, and interest in and to the derivative work to Trellance.

Trellance reserves all rights in and to the Website and Content not expressly granted under these Terms of Use.

Privacy and Personal Information

Please see our Privacy Policy.

Account Registration Policy

The App Store by Trellance is intended for the use of credit unions. Trellance reserves the right to screen all account registration requests and to register only those accounts that meet these criteria.

In order to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are responsible for maintaining the confidentiality of your password and account and are responsible for any and all activities that occur under your account. You agree to notify Trellance immediately of any unauthorized use of your account or any other breach of security. Trellance will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Trellance or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

Confidentiality

Except as otherwise set forth in these Terms of Use, each party agrees that all code, inventions, know-how, and business, technical and financial information disclosed to a party (“Receiving Party”) by another party (“Disclosing Party”) constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. All Content will be deemed Confidential Information of Trellance without any marking or further designation. Except as expressly authorized herein, the Receiving Party will hold in confidence and not disclose any Confidential Information to third parties and not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights hereunder.  The Receiving Party may disclose Confidential Information to its employees, agents, contractors, and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations no less protective of the Disclosing Party than those set forth herein, and that the Receiving Party remains responsible for their compliance under these terms. The Receiving Party’s confidentiality obligations will not apply to information which the Receiving Party can document: (i) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (ii) is or has become public knowledge through no fault of the Receiving Party; (iii) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of the Receiving Party who had no access to such information; or (v) was already in the public domain prior to its disclosure. The Receiving Party may disclose Confidential Information if required by law (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party, who may dispute such compelled disclosure). The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and that upon any such disclosure by the Receiving Party the Disclosing Party will be entitled to appropriate equitable relief in addition to whatever other remedies it may have at law.

Warranties

Virus Warranty

Trellance represents and warrants that it will take reasonable commercial efforts to ensure that the Content, in the form and when provided to you, will be free of any viruses, malware, or other harmful code.  For any breach of the foregoing warranty, your sole and exclusive remedy, and Trellance’s sole obligation, is to provide a replacement copy of the Content promptly upon notice.

EXCEPT AS SET FORTH IN THE PRECEDING VIRUS WARRANTY, THIS WEBSITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, AND TRELLANCE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY, OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY. 

TRELLANCE AND ITS SUPPLIERS WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TRELLANCE AND ITS SUPPLIERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TRELLANCE NOR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF ANY CONTENT THEREIN OR GENERATED THEREWITH, OR THAT: (A) THE USE OF ANY CONTENT WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE; (B) THE CONTENT WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA; (C) THE CONTENT (OR ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CONTENT) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS); (D) ERRORS OR DEFECTS WILL BE CORRECTED; OR (E) EXCEPT AS SET FORTH IN THE VIRUS WARRANTY, THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

Limitation of liability

IN NO EVENT SHALL TRELLANCE, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS, BE HELD LIABLE TO YOU FOR ANY LOSS OF USE, LOST OR INACCURATE DATA, LOST PROFITS, FAILURE OF SECURITY MECHANISMS, INTERRUPTION OF BUSINESS, COSTS OF DELAY, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL DAMAGES, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS WEBSITE OR THE CONTENT.

IF TRELLANCE IS FOUND LIABLE TO YOU DESPITE THESE TERMS OF USE, TRELLANCE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU WITH RESPECT TO CONTENT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH THE INITIAL CLAIM IS MADE AGAINST TRELLANCE.

Indemnification

You hereby agree to indemnify Trellance, its officers, directors, employees, subsidiaries, and affiliates from and against any and/or all liabilities, costs, demands, causes of action, damages, and expenses arising in any way related to your breach of any of the provisions of these Terms or arising of out or in connection with your use of the Website or Content.

Violation of Terms of Use

If you violate any of these Terms of Use, the license granted to you hereunder shall immediately terminate, and Trellance may terminate your access to the App Store by Trellance and/or the Content without any refund due to you.

Authority

As the employee or agent of an entity, you represent and warrant that you have all necessary authority to bind such entity to the terms and conditions set forth herein.

Severability

If any provision of these Terms of Use is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Assignment

Trellance is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification. However, you may not assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use without Trellance’s prior written consent.

Injunctive Relief

Nothing in these Terms of Use will prevent Trellance from seeking injunctive relief with respect to a violation of intellectual property rights, confidentiality obligations, or enforcement or recognition of any award or order in any appropriate jurisdiction.

Force Majeure

Neither party will be liable to the other for any delay or failure to perform any obligation hereunder (except for a failure to pay fees) if the delay or failure is due to events which are beyond the reasonable control of such party, including, but not limited to, a strike, blockade, war, act of terrorism, riot, natural disaster, or failure or diminishment of power or telecommunications or data networks or services.

Independent Contractors 

You and Trellance are independent contractors. These Terms of Use will not be construed as constituting either party as a partner of the other or to create any other form of legal association that would give either party the express or implied right or power or authority to create any duty or obligation of the other party.

Entire Agreement

These Terms of Use constitute the entire agreement between Trellance and you in relation to your use of this Website and the Content and supersede all prior agreements and understandings.

Governing Law, Jurisdiction and Limitations of Claims

Your use of or access to this Website, the Content, and any disputes will be governed by and interpreted in accordance with the laws of the State of Florida without regards to its conflicts of law provisions.  You agree to the exclusive jurisdiction of and venue in the state and federal courts located in Hillsborough County, Florida and waive any objection to such jurisdiction or venue.  All claims under these Terms of Use must be brought within one (1) year from the date the claim arose or such claim is barred.