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Terms of Service
Terms of Service
Definitions
“Agreement” means the conditions and terms defined in this Terms of Service document, including all materials referred
to or linked to from within this Terms of Service document and including policies, terms of service, user agreements, etc.
of Third Parties linked to from within this Terms of Service Document.
“The Platform” means all of Treble’s applications, tools, and platforms to which access is provided upon completion of
an Order and payment of fees due in an Order. “The Platform” also includes ancillary services or products provided as
part of The Company accessing and using The Platform, such as Customer Support.
“Treble” means the provider of The Platform; Treble.ai, INC as registered and incorporated in Delaware, United States
and located in 2035 Sunset Lake Road, Suite B2, Newark, DE 19702; the owner of all intellectual property related to The
Platform.
“Signee” means the employee or Third Party of The Company that signs the Order to initiate this Agreement between
Treble and The Company.
“The Company” means the person or entity using The Platform and identified in the Order.
“Account” describes the segmented access to The Platform and the segmented data associated with that access and only
accessible to Users.
“User(s)” means employees, Third Parties, contractors, representatives, or other legal agents who are authorized to
access and use The Platform on behalf of The Company and have unique user identifications and passwords.
“Term” means the initial term of The Company’s subscription to The Platform as specified on The Company’s Order(s)
and each subsequent Order or renewal.
“Contact(s)” means a single or number of individuals, other than Users, whose contact information is uploaded to, stored
by, or otherwise interacted with by The Company in The Platform
“Fee(s)” means the amount payable for usage of The Platform and as described in the Order.
“Downtime” means any critical or severe outage that leads to an inability to access or use in its entirety or significantly
inhibits the use of The Platform as a result of a failure in the underlying technologies within Treble’s control and access.
“Third Parties” means any entity or person that works with either party to directly or indirectly provide the service
associated with The Platform or to directly use The Platform.
“Order” means the Treble approved form or document that describes the duration of the Agreement and associated
costs and is signed by the Signee on behalf of The Company to enter The Company and Treble into this Agreement.
Bindings & Limitations of this Agreement
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Terms of Service
By subscribing, using, or otherwise accessing any of the services provided by Treble (”The Platform”) you agree to be
bound by the terms and conditions of this agreement. Subscription, usage, or access to The Platform is not available for
persons who are not legally eligible to be bound by these terms.
In entering into the Agreement the Signee agrees that they have sufficient legal representative authority of The Company
to enter The Company into agreement with Treble.
Subscription, usage, or access to The Platform is entirely non-exclusive, non sublicensable, and non-transferable except
in instances of merger, sale of all (or substantially all) assets, or other legal change of ownership to The Company.
This Agreement only describes the relationship between Treble and The Company, and does not describe any agreement
between either of those two parties and any Third Parties.
By entering into This Agreement through subscription, usage, or access to The Platform both parties agree that they are
entering into a contractor relationship - not a merger, joint venture, or any other agency relationship.
Both parties understand and agree that subscription to The Platform represents a contract of services, not a sale of
goods.
The conditions and terms outlined in this Agreement represent the entirety of the agreement and relationship between
Treble and The Company. Treble refuses, rejects, and disclaims any agreements (written or verbal) not specified in this
Agreement including those provided in writing by employees or Third Parties of Treble.
Use of Services
Access
Access to The Platform is restricted to employees of The Company and contractors hired to perform a function of an
employee (”Users”) provided that all such access by Users is subject to and in compliance with the Agreement and that
The Company agrees that it remains liable for compliance with The Agreement for any User that they have permitted to
access their Account.
The Company may only provide access to The Platform to Users who are of age 16 or older.
The Company may not provide access to The Platform to anybody that in good judgment and in good faith could be
considered a competitor to Treble.
The Company or any User may not access The Platform for purposes of monitoring The Platform’s availability,
performance, functionality, or other benchmarking or competitive research.
The Company or any User may not use automations on or within The Platform except for those which are provided by
Treble as part of The Platform.
The Company must notify Treble of any unauthorized access to their Account or access to their Account for any
unauthorized usage or by any User not permitted as described within this Agreement within 24 hours of becoming aware
of the unauthorized access.
Features & Functionality
The Company may only access features and functionality as described in the initial Order or any subsequent Orders.
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Terms of Service
Access or usage of all features and functionality described in the initial or any subsequent Orders is bound by this
agreement.
The Company is not permitted to access or use features or functionality not described in the initial or subsequent Orders.
Uptime
Treble uses all commercially reasonable efforts to ensure maximum uptime of The Platform. In instances of Downtime
that exceeds 1 hour in a given month Treble will credit a number of conversations the following month that is
proportional to the amount of Downtime divided by the expected Uptime of the month in which the Downtime occurred.
This does not include Downtime caused by factors outside of Treble’s control, such as but not limited to Acts of God,
sudden or unpredictable changes in government regulation, downtime of Third Parties, etc.
In instances of planned downtime (”Maintenance Time”) Treble will communicate the anticipated hours that The
Platform will be unavailable with 7 days notice. In the event that Maintenance Time exceeds the communicated hours,
the additional downtime will be considered unplanned Downtime and The Company will be credited as such.
Modifications
Treble reserves the right to alter the look or functionality of the platform with no notice so long as those alterations are
considered in good faith and with good judgement by Treble minor alterations that will not significantly affect the usage
of The Platform by The Company.
Any alterations or modifications to The Platform that cannot in good faith or good judgment be considered minor will be
communicated via email with 30 days of notice.
Customer Support
As part of the services delivered with The Platform Treble provides communications channels for The Company and
Users to contact a Customer Support team through the following channels:
● https://support-treble.atlassian.net/servicedesk/customer/portals
The office hours for Customer Support are
● Monday - Friday: 8:30am COT - 5:30pm COT
Treble aims to provide responses within 24 hours of receiving a request through the previously described channels.
Acceptable Use
Users may only use the services provided by The Platform to communicate with Contacts that have knowingly given their
contact details and explicitly opted in to receiving communications from The Company.
The Company may not upload Contacts to The Platform that were obtained through purchased lists, or lists generated
without the express knowledge and agreement of the contacts within the list.
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Terms of Service
The Company may not upload to The Platform or use the The Platform to contact Contacts that are under the age of 16
years old.
Users may not use the services provided by The Platform for any communications deemed illegal in their jurisdiction or
the governing jurisdiction (such as terrorism, hate speech, harassment, etc.,) to send or receive sensitive information
(such as credit card information, personally identifying or communication information of legal minors, etc.,) or to send or
receive data that is regulated by industry specific regulations (such as HIPAA, FISMA, etc.)
The Company and all Users using the WhatsApp feature and functionality within The Platform must adhere to the
WhatsApp API Usage Policy.
By accessing and using The Platform The Company agrees to make a reasonable effort to be responsive to Treble’s
communicate with them, including but not limited to
● Responding to emails, whatsapp messages, or other electronic or written communications.
● Attending meetings such as onboarding meetings, benchmark meetings, or other virtual meetings.
By accessing and using The Platform The Company acknowledges that they are responsible for ensuring that they have
the necessary credentials to use the channels, such as but not limited to WhatsApp API verification and that they are
responsible for configuring and using The Platform to achieve their goals.
Fees
The Company agrees to pay in full the Fees as described in the Order and for the duration of the Term as part of
continuing the Agreement with Treble.
Adjustment of Fees
Treble may at any time adjust up or down the fees associated with The Platform.
Treble will communicate the change in fees through electronic written communication with 30 days notice. These
adjusted fees will take effect at the new renewal Term.
If The Company is not in agreement with the adjusted Fees they must communicate their disagreement prior to the start
date of the new renewal Term.
Payment of Fees
The Company agrees to make full and complete payment of the invoices within 30 days of the invoice send date.
In cases where The Company’s payment information is stored by Treble or by a Third Party contracted by Treble for the
safe storage of payment details The Company agrees to allow Treble or the contracted Third Party to automatically
deduct the invoice cost from the stored payment method.
Accuracy of Payment Information
In cases where Treble or a Third Party contracted by Treble is storing the The Company’s payment details The Company
agrees to ensure that they are always accurate and up to date.
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Terms of Service
Taxes & Withholding Taxes
If, when purchasing the services offered by treble Platform, the Company is required to pay any tax or withholding tax by
the regulation of the Country where it is domiciled, the Company will pay the full amounts of treble’s invoices, free and
clear of any deduction or withholding tax applicable to those invoices. In those cases where such deduction or
withholding tax is required by law, the Company will pay such amounts in addition to the full amount of the invoices due
to treble for its Platform, without applying any deduction or withholding tax and paying fully the amounts specified in
treble’s invoices.
Term and Termination of Agreement
Term
The Term of the contract between Treble and The Company is as defined in the Order. This agreement is subject to
automatic renewal for a subsequent term equal in length to the initial term, as specified in the Order, unless either party
provides written notice of their intention not to renew at least 30 days before the end of the current term. Such notice
must be communicated via email.
Notice of Non-Renewal
In cases where The Company does not wish to continue the Agreement with Treble The Company agrees to provide
written notice of their desire to not renew the Term with 30 days notice from the end of Term as measured from the
received date.
The request to deactivate The Company’s account must then be made formally during a meeting (virtual or in person)
with a representative of Treble to discuss Platform deactivation date, terms of outstanding payment, and any other
details required for the timely cancellation of The Agreement.
In cases notice of non-renewal has been received The Company agrees to pay any outstanding Fees within 14 days of the
Platform deactivation date.
Suspension for Prohibitive Usage
Treble may suspend The Company’s and all associated Users’ access to The Platform without notice for
● Failure to adhere to the WAPI commerce policy as described at
https://www.whatsapp.com/legal/commerce-policy?lang=en
● Failure to adhere to local, state, federal, or international laws
● Repeat instances of alleged trademark or copyright infringement
● Repeat complaints of abuse of the system from any recipient of messages
● Any single effort to undermine the security of the platform or access unauthorized accounts or URLs.
● Uploading or sending through any channel provided by the platform any content that is or may be
○ libelous, defamatory, bigoted, fraudulent or deceptive;
○ illegal or unlawful, that would otherwise create liability;
○ infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or
other intellectual or other right of any party
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Terms of Service
○ private information of any third party (e.g., addresses, phone numbers, email addresses, Social
Security numbers and credit card numbers)
○ Viruses, corrupted data or other harmful, disruptive or destructive files or code.
● Using The Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other Users
from using The Platform or that could damage, disable, overburden or impair the functioning of The Platform
● Impersonating or posting on behalf of any person or entity or otherwise misrepresent your affiliation with a
person or entity
● Collecting any personal information about other users, or intimidate, threaten, stalk or otherwise harass other
users of The Platform
● Creating an account or posting any content of Users are not over 16 years of age
● Permitting the creation of an account or the publication of any content for Users that are not over 16 years of
age
● Any Circumvention or attempt to circumvent any filtering, security measures, rate limits or other features
designed to protect The Platform, Users of The Platform, or Third Parties
● Sending mass or repeated promotions, political campaigning or commercial messages directed at Contacts
who have not given explicit permission to receive such communications (”SPAM”)
Treble takes intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and
other applicable law, Treble has adopted a policy of terminating, in appropriate circumstances and, at our sole
discretion, access to The Platform for Users who are deemed to be repeat infringers.
Treble may also suspend The Company’s and all associated Users’ access to The Platform without notice for any violation
of this Agreement as judged by Treble’s good judgment and in good faith.
Suspension for Non-Payment
The Company agrees to pay outstanding Fees within 30 days of invoice send date. Failure to complete payment within
this time will result in The Company’s access to The Platform being suspended.
Access will be granted again once complete payment of the outstanding Fees has been made.
Treble agrees to not suspend The Company’s access to The Platform while fees are being reasonably disputed by writing.
“Reasonably” will be determined by Treble using good judgment and in good faith.
In cases where The Company’s payment information is securely stored by Treble or by a Third Party contracted by Treble,
Treble will suspend access after 3 failed payment attempts. Treble will make a reasonable effort to notify The Company of
the failed payments after each failed payment.
Data Security & Privacy
Treble adheres to GDPR and uses it as a guideline when managing all User or Contact data. See Treble’s GDPR policy for
more information:
https://7142894.fs1.hubspotusercontent-na1.net/hubfs/7142894/Terms%20of%20Service/GDPR%20Treble%202025.pdf
Access
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Terms of Service
Treble will not access, disclose, view or process The Company’s and Users’ data stored on The Platform except as
provided for in this Agreement, as authorized or instructed by The Company in writing, as required to perform its
obligations under this Agreement, or as required by applicable law.
Treble may access anonymized or aggregated data of The Company’s and Users’ data stored in The Platform as part of
research of usage of The Platform.
Communications Laws
The Company holds all responsibility for ensuring that their usage of The Platform adheres to laws within their
jurisdiction, including but not limited to laws related to the use of automated communications and recording
communications.
The Company agrees that it will not hold Treble liable for any violation of law that occured due to The Company’s use of
The Platform.
Communication Restrictions
Treble agrees that it will only access and communicate with The Company, Users, or other employees of The Company
and that it will not access or communicate with any Contacts that The Company has uploaded to The Platform.
Data Collection
Treble uses cookies, sessions, and other technologies to track usage of The Platform. All usage data of The Platform is
tracked and stored in accordance with Treble’s GDPR policy.
Treble may use anonymized or aggregated data for legitimate business purposes such as evaluating, analyzing, or
otherwise understanding usage of The Platform.
Privacy Policy
Treble stores data related to Users of The Platform.
Treble agrees to use best practices to securely store this data and only to use this data in providing the service of The
Platform.
Treble agrees to delete or anonymize any personally identifying information upon request from The Company and in
accordance with Treble’s GDPR policy.
Intellectual Property & Proprietary Rights
Ownership of Content
Treble retains all rights and ownership to all designs, content, source code, and developments of The Platform.
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Terms of Service
The Company retains and owns all rights to all designs, content, and concepts created within or uploaded to the Treble
platform, including
● Contact lists
● Logos
● Conversation designs
● Images, videos, PDFs or other rich media content.
Confidential Information
Treble and The Company agree to treat all information shared between them as strictly confidential and to only share
with Third Parties as required to deliver the service of The Platform in accordance with this Agreement or in accordance
with law.
Publicity
As part of subscribing, accessing, or using The Platform The Company agrees that Treble can use The Company’s logo
and branding as part of any promotional content, including but not limited to presentations, online or print
advertisements, email or other digital communications, on it’s website, etc.
Treble agrees to get written permission if it is to use any personally identifying information of any User or employee or
contractor of The Company, such as name of the Signee, or any User or any direct quotes from the Signee or any User.
Indemnity
Treble shall be liable hereunder only for its own gross negligence, willful misconduct or bad faith. The Company will
defend, indemnify and hold harmless Treble and its affiliates, and their officers, directors, employees and agents, at the
Company's expense, against any claim, suit or proceeding brought by an unaffiliated third party (a "Claim") to the extent
it arises from: (a) the Company's unlawful or unauthorized use of the Services, including sending messages to recipients
without valid consent; (b) the Company's breach of this Agreement, or of the WhatsApp Business policies or other
third-party terms applicable to its use of the Services; (c) messages, data or other content the Company or its users send
or process through the Services; (d) third-party products or integrations the Company connects to the Services; or (e) use
of the Services by anyone using the Company's account credentials.
Treble will notify The Company within 30 days of becoming aware of any such claims. The Company and Treble agree
that The Company will have sole control of the defense or settlement of such a claim and Treble will provide (at The
Company’s expense) any and all information and assistance reasonably requested by The Company to handle the
defense or settlement of the claim.
The Company agrees that it will not accept any settlement that imposes any obligation on Treble or requires Treble to
make any admission or imposes any liability on Treble not covered by these indemnifications or places any restriction on
Treble without Treble’s written consent.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS THIRD PARTIES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS
OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT
AND REGARDLESS OF THE THEORY OF LIABILITY.
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Terms of Service
AI Services Disclaimer
Treble continuously improves its AI-powered Services to enhance accuracy, reliability, and safety. However, due to the
inherent limitations of machine learning technologies, the output generated by these Services may not always be
accurate, complete, or reliable. By using our AI Services, you understand and agree to the following:
● AI-generated output should not be relied upon as the sole source of factual information or as a substitute for
professional advice.
● Treble does not guarantee that AI-generated output will always be accurate, truthful, or error-free.
● You must not use AI-generated content to make decisions that could have legal, financial, medical, or material
consequences for any individual or entity, including but not limited to employment, housing, insurance, credit,
or legal matters.
● AI-generated content does not reflect Treble's views or opinions.
● If AI-generated content references third-party products, services, or entities, such references do not imply
endorsement, affiliation, or verification by Treble.
● Treble is not responsible for any damages or liabilities from reliance on AI-generated content.
By using Treble’s AI Services, you acknowledge these limitations and agree that Treble is not liable for any direct or
indirect consequences arising from your use of AI-generated content.
Limitations of Liability
Governing Law
The validity of this Agreement and the rights, obligations, and relations of the parties under this Agreement will be
construed and determined under and in accordance with the laws of the State of Delaware, without regard to conflicts of
law principles.
Jurisdiction
The Company agree that exclusive jurisdiction for any dispute with The Platform or relating to The Company’s use of it,
resides in the courts of the State of Delaware and The Company further agrees and expressly consents to the exercise of
personal jurisdiction in the courts of the State of Delaware located in Newark, State of Delaware in connection with any
such dispute including any claim involving The Platform. The Company further agrees that The Company and The
Platform will not commence against the other a class action, class arbitration or other representative action or
proceeding.
Performance Warranty
Treble warrants that the Platform will be provided in a manner consistent with generally accepted industry standards,
and that Treble will not knowingly introduce any viruses or other forms of malicious code into The Platform.
In cases where such cases do occur Treble will use commercially reasonable efforts to correct the non-conformance
within sixty days (”Remedy Period.”) If Treble cannot rectify the non-conformance The Company may terminate this
Agreement by providing written notice within 30 days of the Remedy end period as measured by notice received date.
If The Company terminates this Agreement in this manner Treble agrees to waive any outstanding fees due.
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Terms of Service
Treble is not responsible for any non-conformance that results from (i) failure of any hardware, software, equipment, or
data not provided by Treble or (ii) modification to The Platform by anyone other than Treble or (iii) modification to The
Platform as requested by The Company or (iv) use of The Platform by The Company not in accordance with this
Agreement.
THIS SECTION STATES TREBLE’S ENTIRE LIABILITY AND THE COMPANY’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT
TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION.
Disclaimer of Warranties
EXCEPT AS SET FORTH IN THE ´PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OBLIGATIONS IN THE
‘DATA SECURITY & PRIVACY SECTION’ OF THIS AGREEMENT, TREBLE AND IT’S EMPLOYEES AND IT’S CONTRACTED THIRD
PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE PLATFORM, DATA SYNCHED TO OR MADE AVAILABLE
FROM THE PLATFORM. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE
EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANT OR CONDITION OF ANY KIND. WE
DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD
TO THE PLATFORM INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Third Party Products
WE AND OUR THIRD PARTIES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR
LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
Force Majeure
In no event shall Treble be responsible or liable for any failure or delay in the performance of its obligations hereunder
arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work
stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of
God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services;
it being understood that the Treble shall use reasonable efforts which are consistent with accepted practices in the
software-as-a-service industry to resume performance as soon as practicable under the circumstances.
Agreement to Liability Limitation
THE COMPANY UNDERSTANDS AND AGREES THAT ABSENT THE COMPANY AGREEMENT TO THIS LIMITATION OF LIABILITY,
TREBLE WOULD NOT PROVIDE ACCESS, USAGE, OR SUBSCRIPTION OF THE PLATFORM TO THE COMPANY.
Actions Permitted
Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or
relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Changes to this Agreement
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Terms of Service
We reserve the right to modify these Terms at any time and for any reason including but not limited to the release of new
features or functionality within The Platform.
Any changes to this Agreement are effective 2 months after Treble published such revised Terms (indicated by revision
date at the top of this Agreement) or after The Company’s acceptance should we provide a mechanism for The
Company’s immediate acceptance of the revised Agreement (such as a click-through confirmation or acceptance button).
The Company agrees that it is their responsibility to check treble.ai for changes to this Agreement.
The Company agrees that it is their responsibility to check linked agreements for changes, including but not limited to
the Meta’s WhatsApp Commerce Policy.
If The Company continues to The Platform after the revised Agreement go into effect, then The Company agrees to and is
bound by the changed to Agreement.
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