TERMS OF SERVICE
Last updated: January 8, 2025
AGREEMENT TO OUR LEGAL TERMS
We are Trueguard OÜ ("Company," "we," "us," or "our"), a company registered in Estonia at Valukoja 8/2, Tallinn, Harju, 11415. Our registration number is: 17143347.
We operate the website https://trueguard.io/ (the "Site") as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").
Trueguard provides automated defense solutions for SaaS platforms aimed at detecting and preventing malicious activities, including abuse of free tiers, automated bots, and other security threats. By utilizing cutting-edge tools and technologies, Trueguard.io enables businesses, organizations and other entities to operate in a professional capacity to maintain secure, compliant, and reliable operations.
Our service offerings include, but are not limited to:
Email Validation: Identifying suspicious or temporary email addresses using DNS analysis, AI-driven techniques, a database of known temporary domains as well as other proprietary technics and sources.
IP Analysis: Assessing IP addresses to identify connections to proxies, VPNs, and other indicators of potentially harmful activities.
User Fingerprinting (future functionality): Providing cookie-less user identification to enhance security without compromising user privacy.
Continuous Monitoring (future functionality): Offering real-time insights and alerts about unusual or suspicious user behavior.
Access to Trueguard.io is provided via an API and governed by our Terms of Service, which define the permissible uses of our services, user responsibilities, and limitations of liability. The services are designed to enhance SaaS security while complying with applicable laws and maintaining user privacy.
You can contact us by email at info@trueguard.io.
Our services are designed exclusively for use by businesses, organizations, and other entities operating in a professional capacity. Individual consumers or personal users are not permitted to access or utilize our services. By engaging with our services, you confirm that you represent a business or organizational entity and are authorized to act on its behalf.
These Legal Terms form a legally binding agreement between Trueguard OÜ (“Trueguard”, "we," "us," or "our") and you, a physical person acting solely on behalf of a business or other legal entity ("you"). By accessing or using the Services, you represent and warrant that you are acting in a business capacity and not as an individual consumer. You acknowledge that you have read, understood, and agree to be bound by these Legal Terms in their entirety.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you over email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended solely for business use by legal entities. Individuals under 18 years old are not permitted to register for the Services or act as representatives of a legal entity. Trueguard operates as a B2B company, and all customers must be legal entities, with any representation conducted by authorized individuals acting on their behalf.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
USER REGISTRATION
PURCHASES AND PAYMENT
PRICING
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
THIRD-PARTY WEBSITES AND CONTENT
SERVICES MANAGEMENT
PRIVACY POLICY
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
SUPPORT AND SERVICE LEVEL AGREEMENTS
MISCELLANEOUS
CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subject to such laws, please reach out to info@trueguard.io for further clarifications.
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Europe, United States and around the world.
The Content and Marks are provided in or through the Services "AS IS" for your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access,
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@trueguard.io. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
Warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Legal Terms;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise, except as expressly permitted for legitimate use of our public API in accordance with our Legal Terms;
You will not use the Services for any illegal or unauthorized purpose; and
Your use of the Services will not violate any applicable law or regulation;
your use of the Services complies with all applicable export control laws and regulations, including, without limitation, those administered by the European Union, the United States Department of Commerce, and other relevant governmental authorities. You further agree not to use, transfer, or export the Services to individuals, entities, or countries that are subject to trade sanctions, embargoes, or other legal restrictions. It is your responsibility to ensure that your use of the Services does not violate any applicable export or sanctions laws.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You are required to register to use the Services. When creating an account, you agree to use only an official email address belonging to the organization you represent, and you confirm that you are authorized by the organization to use that email address for this purpose. You agree to keep your password confidential and will be responsible for all use of your account and password.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
Visa
Mastercard
American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including organization reg no., organization VAT no., organization legal name, email address, payment method, and payment card expiration date, so that we can complete your transactions, create an invoice and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars.
You agree to pay all charges at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per organization, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers, or distributors.
If you believe you have been incorrectly charged or have encountered an issue with your payment, you must notify us within 30 days of the transaction date by emailing info@trueguard.io. We will investigate the issue and, if necessary, adjust the charges or provide a refund in compliance with applicable laws. Failure to notify us within this timeframe will be deemed a waiver of any claim related to the disputed charge.
Please note, refunds will only be issued at our discretion, subject to the circumstances and applicable laws.
6. PRICING
Trueguard offers flexible pricing plans to accommodate different levels of usage as well as multiple different verification classes.
A “Base Verification” is a simple lightweight check that uses cached and other basic data to verify the validity of an input, such as an email address and IP address. Base verifications are designed for efficiency and speed, providing foundational insights without extensive analysis. It includes:
Temporary Email Detection: Identifying known temporary email domains (e.g., disposable email services).
Duplicate Email Check: Identifying multiple exact matches of the same email address.
VPN IP Detection: Determining whether an IP address is associated with a known VPN.
Multiple Email Activity Per IP: Identifying multiple emails being used from the same IP address.
A “Full Verification” is a comprehensive and in-depth analysis that includes both cached data and advanced checks using AI-driven algorithms, proprietary dataset and real-time analysis. Full verifications provide enhanced insights, making them suitable for detecting more complex fraudulent or suspicious activity. It includes all Base Verification checks, plus:
Temporary Email Pattern Detection: Using AI to analyze email patterns and determine if an email is likely temporary or suspicious.
Duplicate Similar Email Detection: Identifying variations of similar email addresses (e.g., test@gmail.com and test2@gmail.com).
Suspicious IP Activity: Detecting multiple logins or actions from different countries over a short period using the same IP address.
We invite you to choose the tier that best suits your requirements:
“Free Tier” is designed for very small organizations or for evaluation purposes by larger organizations. It is limited to:
100 Base Verifications per month
100 Full Verifications per month
Cost: free
Overage fees: not applicable (usage beyond these limits is not permitted).
“Tier One” is designed for small to medium-sized businesses with moderate usage requirements. It is limited to:
10,000 Base Verifications per month
5,000 Full Verifications per month
Cost: $12.99 per month
Overage fees for usage beyond the limitations in Tier One package.
$0.0015 per additional Base Verification
$0.003 per additional Full Verification
“Tier Two” is designed for medium to large-sized businesses with higher usage requirements. It is limited to:
100,000 Base Verifications per month
50,000 Full Verifications per month
Cost: $89.99 per month
Overage fees for usage beyond the limitations in Tier One package.
$0.001 per additional Base Verification
$0.002 per additional Full Verification
“Tier Three” or the enterprise tier is tailored for large organizations with extensive or specialized needs. Limits will be customized based on individual requirements and the pricing is negotiated on a case-by-case basis.
Billing and Renewal
Your subscription based on selected tier will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly. Your invoices will be available to you under your user account in the platform.
Cancellation
All purchases are non-refundable unless explicitly required by applicable laws or regulations. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at info@trueguard.io.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Use the Services to advertise or offer to sell goods and services.
Engage in unauthorized automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Attempt to impersonate another user or person or use the username of another user.
Use the Services as part of any effort to compete with us or otherwise use the Services for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Services' software.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
Sell or transfer your account.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Provide false, inaccurate, or misleading billing information or payment details, including but not limited to using unauthorized or fraudulent payment methods.
Attempt to manipulate, exploit, or falsify usage statistics, verification limits, or billing calculations to avoid paying fees or incur charges dishonestly.
Resell, redistribute, or sublicense access to the Services or any data obtained from the Services without explicit written authorization from us.
Submit false claims or disputes about charges incurred for Services legitimately used or agreed upon.
Misrepresent your identity, affiliation, or authority when interacting with the Services or our support team.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in the Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By using the Services, you agree we may access, store, process, and use any information and personal data you provide in accordance with our Privacy Policy and your settings. You also agree that any feedback or suggestions you submit may be used and shared by us for any purpose, without compensation to you.
You retain ownership of your Contributions and associated intellectual property rights. However, by posting or linking Contributions to the Services, you grant us an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, modify, adapt, publish, distribute, display, broadcast, create derivative works from, or otherwise exploit your Contributions for any purpose, including commercial, advertising, or other uses, without compensation. This includes the right to use your name, trademarks, logos, and images where applicable, and applies to all media formats or technologies, current or future. You waive all moral rights to your Contributions.
We are not responsible for your Contributions or any claims arising from them. You are solely responsible for their content and agree to release us from any liability and refrain from taking legal action related to your Contributions.
We reserve the right to edit, re-categorize, pre-screen, or delete Contributions at our sole discretion, without notice. We are not obligated to monitor Contributions.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Services) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Services for violations of these Legal Terms.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
12. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy, which is available at https://trueguard.io/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in European Union (the “EU”). If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in EU, then through your continued use of the Services, you are transferring your data to EU, and you agree to have your data transferred to and processed in EU.
Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children's Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Services as quickly as is reasonably practical.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY USER FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
FOR CLARITY, THIS SECTION IS ADJUSTED FOR ENTERPRICE USERS OPERATING UNDER TIER THREE PRICING PLAN.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.
Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law principles. The use of the United Nations convention of Contracts for the International Sales of Goods is expressly excluded.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. The arbitration shall be conducted in Estonia, under the auspices of the Estonian Chamber of Commerce and Industry (ECCI), and the language of the arbitration shall be English. Applicable rules of substantive law shall be the law of Estonia
Your arbitration fees and your share of arbitrator compensation shall be governed by the rules of the arbitration provider, and will be as set forth in the arbitration agreement. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
17. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
18. DISCLAIMER
The services are provided on an as-is and as-available basis. You agree that your use of the services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the services’ content or the content of any websites linked to the services and we will assume no liability or responsibility for any:
Errors, mistakes, or inaccuracies of content and materials,
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
Any interruption or cessation of transmission to or from the services,
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services by any third party, and/or
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the services,
Loss of revenue.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
19. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us during the three (3) month period prior to any cause of action arising. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Your Contributions;
Use of the Services;
Breach of these Legal Terms;
Any breach of your representations and warranties set forth in these Legal Terms;
Your violation of the rights of a third party, including but not limited to intellectual property rights; or
Any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
Trueguard will not sell or share your user data to third parties.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. Electronic communications, transactions, and signatures
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. SUPPORT AND SERVICE LEVEL AGREEMENT
Support Services
We provide support to all clients via email and/or live chat. Support requests can be submitted at any time; however, our support team operates during standard working hours: 09:00 to 17:00 Eastern European Time (EET), Monday to Friday, excluding Estonian national holidays.
Response Time: We aim to respond to all support inquiries within five (5) working days.
Service Level Agreement (the “SLA”)
We do not offer standard SLAs for our service tiers, except for Tier Three. For Tier Three clients, SLA terms are negotiated individually to meet specific requirements. These terms, including uptime guarantees, response times, and compensation for service interruptions, will be detailed in separate agreements tailored to each client.
General Terms
Service Availability: While we strive to maintain high service availability, no specific uptime guarantees are provided for clients outside of individually negotiated SLAs.
Scheduled Maintenance: We may perform scheduled maintenance during non-working hours to minimize disruption. Clients will be notified in advance of any maintenance activities that may impact service availability.
Unscheduled Downtime: In the event of unexpected service interruptions, we will work diligently to restore services as promptly as possible but do not commit to specific restoration timeframes for clients without a negotiated SLA.
By using our services, you acknowledge and accept the terms outlined above regarding support and service levels. For clients requiring guaranteed service levels, please contact us to discuss Tier Three options and negotiate a customized SLA that suits your needs.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
We shall not be held responsible or liable for any failure or delay in performing our obligations under these Legal Terms due to events beyond our reasonable control ("Force Majeure Event"). Such events include, but are not limited to, acts of God, natural disasters, governmental actions, war, terrorism, civil unrest, labor strikes or disputes, cyberattacks, disruptions of public utilities or transportation, pandemics, epidemics, or other events that are unforeseen and unavoidable.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Trueguard OÜ
Valukoja 8/2
Tallinn, Harju 11415
Estonia
Email: info@trueguard.io
