Terms and Conditions

Last Updated: April 4, 2023

These terms of service (these “Terms”) apply to the services and products (collectively, the “Service”) provided by Trustworthy Company (“Trustworthy,” “our,” or “we”) via Trustworthy’s site and mobile application.

These Terms are effective as of the date you first access the Service. PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION AGREEMENT IN SECTION 13 OF THESE TERMS, WHICH REQUIRES THAT DISPUTES RELATED TO THESE TERMS AND THE SERVICE, BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 13 OF THESE TERMS. We reserve the right to change these Terms at any time in our sole discretion by providing notice that these Terms have been changed. We may provide notice by sending an email, posting a notice via the Service, posting the revised Terms on our site or mobile application and revising the date at the top of these Terms, or another form of notice. Any changes or modifications will be effective immediately and your continued use of the Service following the notice will constitute your acceptance of the changes.

1. Privacy

For information about how we collect, use, share or otherwise process information about you, please see our Privacy Policy.

2. Service

Trustworthy is a family operating system that enables you to keep your family organized and prepared in one place. Trustworthy grants to you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited right to access and use the Service subject to the terms and conditions set forth in these Terms.

3. Registration

In order to access the Service, you must register with Trustworthy by completing the registration forms provided via the website. You agree to (a) provide accurate, current, and complete information as may be prompted by the registration forms via the website (“Registration Data”), (b) maintain the security of your Trustworthy account password, (c) maintain and promptly update the Registration Data, and any other information you provide to Trustworthy, to keep it accurate, current, and complete and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Trustworthy.

You are responsible for safeguarding the passwords you use to access the Service and agree to be fully responsible for activities or transactions that relate to your Trustworthy account or password. You must notify Trustworthy immediately if you learn of an unauthorized use of your Trustworthy account or password.

4. Subscription Plans and Cancellation Policy

The Service is accessible pursuant to one of the Trustworthy’s subscription plans. Each plan includes a description of the Service, the term such Service is accessible, the applicable fees (“Subscription Fees”), and additional terms. The terms and conditions of the subscription plan you select are incorporated into these Terms by reference.

Unless otherwise suspended or terminated, you have the right to access the Service for the term set forth in the Trustworthy subscription plan you select and such term will automatically renew for successive periods equivalent to the length of the initial term you selected (collectively, the “Subscription Term”). You will be charged the Subscription Fees set forth in the Trustworthy plan you select in accordance with the applicable payment terms. You may change the type of Trustworthy subscription plan selected or terminate the Trustworthy subscription plan according to the terms and conditions of such subscription plan. Except as set forth below, or unless we state otherwise, all payments (a) must be made in U.S. dollars, (b) must be made by payment card via Trustworthy or our authorized payment processor, and (c) are non-refundable.

If your payment method fails, you withdraw your authorization above, or your payment is past due, we may suspend your use of the Service. We also may collect fees owed by charging other payment methods on file with us or retain collection agencies and legal counsel. Trustworthy, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.

WHEN YOU CREATE AN ACCOUNT FOR THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

TRUSTWORTHY (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE THE PAYMENT CARD PROVIDED BY YOU IN ACCORDANCE WITH THESE TERMS (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR THE DURATION OF THE SUBSCRIPTION TERM. PLEASE REMEMBER THAT, UNLESS CANCELLED OR UNLESS WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE, YOUR SUBSCRIPTION TO THE SERVICE WILL AUTOMATICALLY RENEW, AND WE WILL THEREFORE AUTOMATICALLY CHARGE THE SUBSCRIPTION FEES TO YOU FOR THE ENTIRE SUBSCRIPTION TERM.
YOUR SUBSCRIPTION TO THE SERVICE IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE IN ACCORDANCE WITH THESE TERMS.

You may cancel your subscription to the Service at any time by calling (888) 254-0696 or emailing concierge@trustworthy.com. While you may cancel your subscription to the Service at any time, you acknowledge and agree that any and all fees (including, but not limited to, the Subscription Fees) you have paid or are payable for the Service are non-refundable. This means that, although you may cancel your subscription to the Service before the end of the applicable Subscription Term, you remain responsible for the fees for the entire Subscription Term, regardless of the date of cancelation.

5. Your Content and Limited Use Rights

Ownership of all content including any identity documents, deeds, certificates, insurance policies, tax forms, passwords, messages, text, photos, and other materials and information (collectively, “User Content”) you upload to the Service or otherwise use in connection with the Service is retained by you, except that you grant us a non-exclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, and create derivative works from your User Content solely in order to provide the Service (including to permit Partners to provide Advisory Services to you).

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

6. Restrictions

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate, or create derivative works of the Service (or any components thereof), (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign, or otherwise dispose of the Service (or any components thereof), (c) use the Service to store or transmit any viruses, software routines, or other code designed to permit unauthorized access, to disable, erase, or otherwise harm software, hardware, or data, or to perform any other harmful actions, (d) copy, frame, or mirror any part or content of the Service, (e) build a competitive product or service, or copy any features or functions of the Service, (f) interfere with or disrupt the integrity or performance of the Service, (g) attempt to gain unauthorized access to the Service or their related systems or networks, (h) disclose to any third party any performance information or analysis relating to the Service, (i) circumvent or attempt to circumvent any technological protection measures intended to restrict access to or use of any portion of the Service or the functionality of the Service, (j) take any action that imposes an unreasonable or disproportionately large load on the Service, (k) use the Service for any purpose that is illegal in any way or that advocates illegal activity, or (l) cause or permit any unauthorized individual to do any of the foregoing.

7. Trademarks

Trustworthy’s name, tagline, logo and the look and feel of the Service are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

8. Partners

We may provide through the Service a platform known as the “Partner Portal” for you to connect to a professional, expert, coach or advisor (a “Partner”) to provide advisory services (e.g., legal, tax, real estate, accounting, wealth management, estate planning, organizational services) (“Advisory Services”) to you.

You acknowledge and agree that the relationship between Partners and Trustworthy are that of independent contractors and nothing in these Terms will make such Partners employees of Trustworthy, partners to a joint venture with Trustworthy, or agents of Trustworthy. Such Partners do not, and will not, have the authority to enter into any contract or commitment in the name of, or on behalf of, Trustworthy or bind Trustworthy in any respect whatsoever. It is your sole responsibility to evaluate and determine whether a Partner is appropriate for your purposes, select the Advisory Services a Partner will provide, and negotiate and execute any agreements with such Partner to perform such Advisory Services. You further acknowledge and agree that the Partners may not achieve the results you desire, and Trustworthy will not be responsible or liable in any manner whatsoever for any Advisory Services, output, or results obtained from any Partner. Notwithstanding anything to the contrary, we make no representations about or guarantees the Advisory Services, outputs, or results obtained from any Partner, including their completeness, accuracy, reliability, validity, or timeliness.

We may also provide you the ability to grant Partners access to your User Content or Trustworthy account credentials in order for the Partners to provide Advisory Services to you. You acknowledge and agree that it is your responsibility to determine whether it is appropriate to grant a Partner access to your User Content or Trustworthy account credentials and to select what material to provide a Certified Expert. TRUSTWORTHY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF OR RELATING ANY USER CONTENT, TRUSTWORTHY ACCOUNT CREDENTIALS OR OTHER INFORMATION YOU PROVIDE TO ANY PARTNERS.

9. Other Third-Party Services

Without limiting Section 8, we make no claim or representation regarding, and accept no responsibility for, the quality, content, nature, or reliability of third-party sites, products, or services accessible by link from the Service (“Third-Party Services”). We provide these links to you only as a convenience and the inclusion of any link does not imply our affiliation, endorsement, or adoption of the corresponding site or any information contained in (or made available via) any Third-Party Services. When you leave the Service, our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data-gathering practices, of any Third-Party Services to which you navigate from the Service.

10. Indemnification

You agree, at your sole expense, to defend, indemnify and hold us (and our affiliates, directors, officers, employees, consultants and agents) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees, costs, penalties, interest and disbursements) that we (or our directors, officers, employees, consultants, or agents, individually or collectively) incur and are caused by, arise out of, result from, are attributable to, or are in any way incidental to any of your conduct (including your provision of any User Content or other information to Partners or other third parties) or any actual or alleged breach of any of your obligations under these Terms.

11. Disclaimers

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS, OR CONDITIONS OF ANY KIND (EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, TRUSTWORTHY, ITS AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE ACCESS TO OR USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, (B) ANY STORED USER CONTENT WILL NOT BE LOST, DAMAGED, OR CORRUPTED, (C) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THIRD-PARTY DISRUPTIONS AND SECURITY BREACHES OF THE SERVICE WILL BE PREVENTED.

12. Limitation of Liability

TRUSTWORTHY’S ENTIRE LIABILITY TO YOU WILL NOT EXCEED THE SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO TRUSTWORTHY DURING THE SUBSCRIPTION PERIOD WITHIN WHICH THE DAMAGES OCCURRED. FURTHER, NOTWITHSTANDING ANY TERMS TO THE CONTRARY IN THIS AGREEMENT, (A) THE SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE OF THE TERMS OR CONDITIONS OF THE SERVICE LEVEL STANDARDS ARE THE CREDITS PROVIDED UNDER THIS AGREEMENT, AND (B) TRUSTWORTHY WILL NOT BE LIABLE FOR ANY DISCLOSURE OF, UNAUTHORIZED USE OF OR UNAUTHORIZED ACCESS TO ANY USER CONTENT OR OTHER INFORMATION, INCLUDING ANY SUCH DISCLOSURE, USE, OR ACCESS ARISING OUT OF OR RELATING TO ANY USER CONTENT OR OTHER INFORMATION PROVIDED TO ANY PARTNERS, EXCEPT IF SUCH OCCURS AS A RESULT OF TRUSTWORTHY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. TRUSTWORTHY WILL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION 12 WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

13. Dispute Resolution; Binding Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW. NO CLASS, COLLECTIVE OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT, AND THE ARBITRATOR WILL HAVE NO JURISDICTION OR AUTHORITY TO COMPEL ANY CLASS OR COLLECTIVE CLAIM OR CONSOLIDATE DIFFERENT ARBITRATION PROCEEDINGS. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY OR BENCH TRIAL IN CONNECTION WITH ANY CLAIM COVERED BY THIS ARBITRATION AGREEMENT. No Representative Actions. The parties agree that any dispute arising out of or related to these Terms or the Service is personal to the parties and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding. Arbitration of Disputes. Except for small claims disputes in which a party seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which a party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, each party waives its rights to a jury trial and to have any dispute arising out of or related to these Terms or the Service resolved in court. Expressly excepted from this arbitration agreement to arbitrate are employment-related claims such as those concerning employment termination, discrimination, harassment, and wage and hour issues under state and federal law. For any other type of dispute or claim that you have against us or relating in any way to the Service, you agree to first contact us and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to us by email at concierge@trustworthy.com or by certified mail addressed to Trustworthy, 1390 Market Street #200, San Francisco, CA 94102. The Notice must (a) include your name, residence address, email address, and telephone number, (b) describe the nature and basis of the claim, and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If the parties cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in San Francisco, CA in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The arbitrator will apply Federal Rules of Civil Procedure Rule 56 and Rule 68 which can be found at https://www.law.cornell.edu/rules/frcp/rule_56 and https://www.law.cornell.edu/rules/frcp/rule_6. The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. The parties agree that these Terms affect interstate commerce and that the enforceability of this arbitration agreement will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitrator and the parties will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. The parties agree that for any arbitration you initiate, you will pay the filing fee and we will pay the remaining JAMS fees and costs. For any arbitration initiated by us, we will pay all JAMS fees and costs. The parties agree that the state or federal courts of the State of California and the United States sitting in San Francisco, CA have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. This arbitration agreement does not bar or preclude any party from seeking immediate equitable injunctive relief on an emergency or ex parte basis, to the extent permitted by applicable law and rules of court, arising from the breach of these Terms, and based on a good faith belief that material irreparable harm will result unless equitable relief is sought and granted. All other claims, causes of action, remedies, damages, and forms of relief in law or equity will be subject to arbitration under this arbitration agreement to the extent permitted by applicable law. The parties further agree that no bond or other security will be required in obtaining such equitable relief and hereby waive any such requirement and consent to the issuance of such injunction and to the ordering of specific performance. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this arbitration agreement, including, but not limited to, disputes regarding the arbitrability of claims and any claim that all or any part of this arbitration agreement is void or voidable. If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision will be severed from these Terms, (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this arbitration agreement, and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims will be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this arbitration agreement will be enforceable. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this arbitration agreement by sending an email to concierge@trustworthy.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 13 of these Terms.

14. General

These Terms will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resorting to its conflict of law provisions. Trustworthy may, by itself or through an independent third party, audit your use of the Service to verify your compliance with these Terms. Notwithstanding any terms to the contrary in these Terms, any suggestions, comments, or other feedback provided by you with respect to Trustworthy or the Service (collectively, “Feedback”) will constitute confidential information of Trustworthy. Further, Trustworthy will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby assign to Trustworthy all right, title and interest you may have in and to the Feedback (including all intellectual property rights embodied in the Feedback). You acknowledge and agree that Trustworthy may monitor, collect, use, and store anonymous and aggregate statistics regarding use of the Service and/or any individuals/entities that interact with the Service (collectively, “Trustworthy Analytic Data”). Notwithstanding any terms to the contrary in these Terms, as between the parties and subject to the grants expressly set forth in these Terms, Trustworthy owns all right, title, and interest in and to the Service, and the Trustworthy Analytic Data, together with any and all intellectual property rights embodied in or related to the foregoing. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Neither these Terms nor any right or duty under these Terms may be transferred, assigned or delegated by you, by operation of law or otherwise, without the prior written consent of Trustworthy, and any attempted transfer, assignment or delegation without such consent will be void and without effect. Trustworthy may freely transfer, assign or delegate these Terms or its rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. No failure or delay (in whole or in part) on the part of a party to exercise any right or remedy hereunder will operate as a waiver thereof or effect any other right or remedy. All rights and remedies hereunder are cumulative and are not exclusive of any other rights or remedies provided hereunder or by law. The waiver of one breach or default or any delay in exercising any rights will not constitute a waiver of any subsequent breach or default. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic and legal substance of the transactions contemplated by these Terms are not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled. Except for payments due under these Terms, neither party will be liable for any delays or failures in performance due to circumstances beyond its reasonable control, including, but not limited to, acts of God, flood, fire, earthquake, or explosion, war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, sabotage or piracy, riot or other civil unrest, government order, law, or action, embargoes or blockades in effect on or after the date of this Agreement, strikes, labor stoppages or slowdowns or other industrial disturbances, interruption or termination of any services provided by any service providers used by Trustworthy, and plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis (including, quarantine or other employee restrictions) (each a “Force Majeure Event”). If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to Trustworthy, 1390 Market Street #200, San Francisco, CA 94102 with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

15. Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access or use the Service on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

Acknowledgment. You acknowledge that these Terms are concluded solely between you and us, and not with Apple, and we, not Apple, are solely responsible for the iOS App and the content thereof. You further acknowledge that the usage rules for the iOS App are subject to any additional restrictions set forth in the Usage Rules for the Trustworthy iOS App Store Terms of Service (the “Usage Rules”) as of the date you download the iOS App, and in the event of any conflict, the Usage Rules will govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Usage Rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules.
Maintenance and Support. The parties acknowledge that Trustworthy has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
Warranty. You acknowledge that Trustworthy is not responsible for any product warranties, whether express or implied by law, with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify trustworthy, and trustworthy will refund the purchase price, if any, paid to Apple for the iOS App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be our sole responsibility. However, you understand and agree that in accordance with these Terms, we have disclaimed all warranties of any kind with respect to the iOS App, and therefore, there are no warranties applicable to the iOS App.
Product Claims. The parties acknowledge that as between Apple and us, we, not Apple, are responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to (a) product liability claims, (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address. Any questions, complaints or claims with respect to the iOS App should be directed to:

Trustworthy 1390 Market Street #200, San Francisco, CA 94102 concierge@trustworthy.com

Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the Service.

Third-Party Beneficiary. The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.