Terms and Conditions

Last Updated: February 2, 2025

Welcome to Trustample. These Terms and Conditions ("Terms") govern your access to and use of the Trustample website at trustamplesystems.com (the "Website") and our automated outbound services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Website and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not access or use our Services.

These Terms constitute a legally binding agreement between you ("you," "your," or "Client") and Trustample ("we," "our," "us," or "Company").

2. Description of Services

Trustample provides automated outbound services for B2B SaaS companies, including but not limited to:

• Intent-based lead identification and targeting
• Automated multi-channel outreach (email, LinkedIn, phone)
• Prospect research and personalization
• Appointment setting and qualified lead generation
• CRM integration and pipeline reporting
• Ongoing campaign optimization and performance analysis

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice.

3. Eligibility

To use our Services, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a legitimate business entity
• Provide accurate and complete information during registration

By using our Services, you represent and warrant that you meet these eligibility requirements.

4. Account Registration and Security

4.1 Account Creation

To access certain features of our Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access

4.2 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms
• You provide false or misleading information
• Your account is used for fraudulent or illegal activities
• We determine, in our sole discretion, that your use poses a risk to our Services or other users

5. Service Fees and Payment Terms

5.1 Fees

Fees for our Services will be specified in your service agreement or proposal. All fees are quoted in U.S. Dollars unless otherwise stated.

5.2 Payment Terms

• Invoices are due within 30 days of the invoice date unless otherwise agreed
• Late payments may incur interest charges at the rate of 1.5% per month
• We accept payment via wire transfer, ACH, or credit card
• All fees are non-refundable except as expressly stated in your service agreement

5.3 Taxes

All fees are exclusive of applicable taxes, duties, or similar governmental charges. You are responsible for paying all such taxes except those based on our net income.

6. Intellectual Property Rights

6.1 Our Intellectual Property

All content, features, and functionality of our Services, including but not limited to:

• Website design, text, graphics, logos, and images
• Software, code, and infrastructure architecture
• Methodologies, processes, and proprietary frameworks
• Documentation, templates, and training materials

are owned by Trustample Leads and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

6.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your internal business purposes.

6.3 Client Data

You retain all rights to your data and content provided to us. By using our Services, you grant us a license to use your data solely to provide the Services and improve our offerings.

7. Acceptable Use Policy

You agree not to:

• Use our Services for any illegal or unauthorized purpose
• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited emails, or engage in deceptive marketing practices
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our Services or servers
• Reverse engineer, decompile, or disassemble any aspect of our Services
• Use our Services to compete with us or develop competing products
• Violate CAN-SPAM Act, GDPR, CCPA, or other data protection regulations
• Engage in activities that harm our reputation or that of our clients

8. Data Protection and Privacy

8.1 Compliance

We are committed to complying with applicable data protection laws, including GDPR, CCPA, and CAN-SPAM Act. Our handling of personal data is described in our Privacy Policy.

8.2 Client Responsibilities

You are responsible for:

• Obtaining necessary consents for data collection and processing
• Ensuring compliance with anti-spam and data protection laws
• Providing accurate opt-out mechanisms in your communications
• Maintaining proper documentation of consent and data processing activities

9. Service Level and Support

9.1 Service Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible.

9.2 Support

Support terms, including response times and channels, will be specified in your service agreement.

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that our Services will be performed in a professional and workmanlike manner consistent with industry standards.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED HEREIN, OUR SERVICES ARE 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, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

• Our Services will meet your specific requirements or expectations
• Our Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using our Services will be accurate or reliable
• Any defects will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 Indirect Damages

IN NO EVENT SHALL TRUSTAMPLE LEADS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OUR SERVICES.

11.2 Liability Cap

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11.3 Exceptions

These limitations do not apply to:

• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be limited under applicable law

12. Indemnification

You agree to indemnify, defend, and hold harmless Trustample Leads, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of our Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws or regulations
• Any content or data you provide to us

13. Confidentiality

13.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other, including business plans, strategies, technical information, customer data, and pricing.

13.2 Obligations

Each party agrees to:

• Maintain the confidentiality of the other party's Confidential Information
• Use Confidential Information only for the purposes of these Terms
• Not disclose Confidential Information to third parties without consent
• Protect Confidential Information with the same degree of care used for its own confidential information

13.3 Exceptions

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was rightfully known prior to disclosure
• Is independently developed without use of Confidential Information
• Is rightfully obtained from a third party without restriction

14. Term and Termination

14.1 Term

These Terms commence when you first access our Services and continue until terminated.

14.2 Termination by You

You may terminate your use of our Services at any time by providing written notice according to your service agreement.

14.3 Termination by Us

We may terminate or suspend your access immediately if:

• You breach these Terms
• You fail to pay fees when due
• We are required to do so by law
• We cease providing Services

14.4 Effect of Termination

Upon termination:

• Your right to access and use our Services immediately ceases
• You remain liable for all fees and charges incurred prior to termination
• We will provide you with a reasonable opportunity to retrieve your data
• Provisions that by their nature should survive will continue (including confidentiality, indemnification, and limitation of liability)

15. Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

15.2 Arbitration

Any dispute arising out of or relating to these Terms or our Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association.

15.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our Website
• Updating the "Last Updated" date
• Sending an email notification (for significant changes)

Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Trustample Leads regarding our Services.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, labor disputes, or network outages.

17.6 Relationship

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Trustample.

17.7 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

18. Contact Information

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.