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Terms of Service

Last updated: 6 March 2024

This Terms of Service Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and Tromero Ltd. (collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of the Tromero service as well as any other media form, media channel, mobile website or mobile application related or connected thereto (collectively, the "Website"). The Website provides the following service: rental by users of hosting services ("User") from independent providers ("Provider"), and software services allowing a user to act as an independent provider and get paid for doing so ("Company Services"). Supplemental terms and conditions or documents that may be posted on the Website from time to time, are hereby expressly incorporated into this Agreement by reference.

All engagement with the Company Services is through the Website. Generally, the Company does not permit direct engagement between Users and Providers. The Company may offer communication via Discord on or through the Website, but any such use of Discord is subject to its own terms and conditions. We do not monitor these communications and are not responsible for the content or tone of those communications.

NOTICE:

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION AGREEMENT. YOU AGREE THAT ANY CLAIMS YOU MAY HAVE AGAINST US RELATING TO THE WEBSITE OR THE COMPANY SERVICES, THIS AGREEMENT OR ANY TERMS AND CONDITIONS CONTAINED HEREIN MUST BE ARBITRATED AS PROVIDED IN CLAUSE 15.2 BELOW, AND YOU EXPRESSLY WAIVE THE RIGHT TO (1) ASSERT CLAIMS AGAINST US IN COURT; (2) PARTICIPATE IN A REPRESENTATIVE OR CLASS ACTION; AND (3) HAVE A JURY HEAR YOUR CASE. YOU EXPRESSLY CONSENT TO HAVE ALL OF YOUR CLAIMS ARBITRATED ON AN INDIVIDUAL BASIS ONLY. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE WEBSITE OR ANY COMPANY SERVICES.

Company reserves the right, at its own discretion, to make changes or modifications by updating this Agreement from time to time. We will alert you regarding any changes by updating the "Last updated" date of this Agreement, and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of, and to have accepted the changes to the Agreement by your continued use of the Website after the date such revised Agreement has been posted.

Company makes no representation that the Website is appropriate or available in other locations other than where it is operated by Company. The information provided on the Website 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 Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website 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.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Website. Persons under the age of 13 are not permitted to register for the Website or use the Company Services.

YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE WEBSITE.

1. ACCOUNT; PURCHASES; PAYMENT

1.1 Account Registration. If you create an account, you must provide us with complete and accurate information. You must promptly update such information to keep it complete and accurate. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any and all activities that occur under your account. You may not use anyone else's account at any time. We may remove or reclaim your username if we believe it is appropriate (such as in response to a trademark claim).

1.2 Security of Your Account. You agree to notify Company immediately of any unauthorised use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or attorneys' fees that you may incur as a result of someone else using your password or account, either with or without your knowledge, to the fullest extent permitted by applicable law. You will be liable for losses, damages, liability, expenses and attorneys' fees incurred by Company or a third party due to someone else using your account.

1.3 No Obligation to Retain a Record of Your Account. Company has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Company Services.

1.4 Payment. Company bills you through an online billing account for purchases of products and/or services. The currency used for payments is the US dollar, all other currencies displayed in Website are for display purposes only. You agree to pay Company all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorise Company to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. If you have ordered a product or service that is subject to recurring charges then you consent to our charging your payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable product or service. Company reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by Company. Company may change prices at any time.

1.5 Purchases. The Website sets forth other terms and conditions regarding the purchase of credits from the Company for the Company Services via the Website, as well as during the sign-up and account registration process. Those terms and conditions are incorporated into this Agreement by reference. We reserve the right to change credit pricing, run promotions and cause credits to expire. We will post any such changes to our Website. Company only offers credits not pricing offered by Providers. If you have any specific questions or issues regarding credits you have purchased, please email us at info@tromero.ai

2. REFUND POLICY

We will only offer refunds under exceptional circumstances pending review and agreement post contact with us.

3. USER REPRESENTATIONS

3.1 By registering and using the Company Services, you represent and warrant that:

  • All registration information you submit is current, truthful, accurate, and complete;
  • You will maintain the accuracy of such information;
  • You will keep your password confidential and will be responsible for all use of your password and account;
  • You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Website; and
  • Your use of the Company Services does not violate any applicable law or regulation.

3.2 You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration form and (b) maintain and promptly update registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

3.3 We reserve the right to remove or reclaim or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user's actual name.

4. GUIDELINES FOR REVIEWS

Company may accept, reject or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Those persons posting reviews should comply with the following criteria: (1) reviewers should have firsthand experience with the person/entity being reviewed; (2) reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability; or references to illegal activity; (3) reviewers should not be affiliated with competitors if posting negative reviews; (4) reviewers should not make any conclusions as to the legality of conduct; and (5) reviewers may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by Company, and do not represent the views of Company or of any affiliate or partner of Company. Company does not assume liability for any review or for any claims, liabilities or losses resulting from any review. By posting a review, the reviewer hereby grants to Company a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable and sublicensable license to Company to reproduce, modify, translate, transmit by any means, display, perform and/or distribute all content relating to reviews.

5. SOCIAL MEDIA

As part of the functionality of the Website, you may link your account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Website; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the Website via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Website. Please note that if a Third Party Account or associated service becomes unavailable or Company's access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Website. You will have the ability to disable the connection between your account on the Website and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any Social Network Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Website. At your request made via email to our email address listed below, or through your account settings (if applicable), Company will deactivate the connection between the Website and your Third Party Account and delete any information stored on Company's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

6. SUBMISSIONS

6.1 By sharing, submitting or uploading any questions, comments, reviews, templates, suggestions, ideas, feedback or other information about the Website, Providers or the Company Services ("Submissions"), you grant Company a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, reverse-engineer, disassemble and create derivative works from your Submissions in any manner existing now or created in the future. Subject to the license above, you retain ownership of Submissions.

6.2 You irrevocably waive and agree not to assert any rights, including any "moral rights," that you have to prevent us from exploiting the rights granted in this Section.

6.3 You also grant us the right to use and display the name, photograph and any other biographical information that you submit with any Submission to provide the Company Services.

6.4 You acknowledge and agree that you are solely responsible for all the Submissions that you make available through the Website. Accordingly, you represent and warrant that: (1) you have all rights, licenses, consents, and releases necessary to grant Company the required rights to disseminate any Submissions and (2) neither your Submissions nor your posting, uploading, publication, submission or transmittal of these Submissions or Company's use of your uploaded Submissions (or any portion thereof) on, through or by the means of the Website, will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation. You assume all risks and liability associated with your Submissions, including any third party or User's reliance on its quality, accuracy, or reliability.

6.5 More specifically, and without limitation, you shall not:

  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Defame, abuse, harass, stalk, threaten or otherwise violate any legal rights (including the rights of privacy and publicity) of others.
  • Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading or deceptive content or message; or
  • Promote or engage in discrimination, bigotry, racism, hated or harassment against any individual or group.

We will not have any obligation to hold any Submissions in confidence or compensate you or anyone else for their use. We have the right to remove or edit any Submission for any reason or no reason at all. We do not endorse any Submission submitted to the Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein.

7. PROHIBITED ACTIVITIES

You may not access or use the Website for any other purpose other than that for which Company makes it available. Prohibited activity includes, but is not limited to:

  • Attempting to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website;
  • Attempting to impersonate another user or person or using the username of another user;
  • Criminal or tortious activity;
  • Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Website;
  • Interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
  • Making any unauthorised use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
  • Selling or otherwise transferring your profile;
  • Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company;
  • Tricking, defrauding or misleading Company and other users, especially in any attempt to learn sensitive account information such as passwords;
  • Using any information obtained from the Website in order to harass, abuse, or harm another person;
  • Using the Company Services as part of any effort to compete with Company or to provide services as a service bureau;
  • Circumventing, disabling, or otherwise interfering with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website and/or the content contained therein;
  • Uploading or transmitting (or attempting 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 Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website;
  • Violate any law, rule, or regulation.
  • Using the Website in a manner inconsistent with any and all applicable laws and regulations;
  • Violate, misappropriate or infringe a third party's intellectual property or other right, or any social media platform terms or;
  • Interfere with any third party's ability to use or enjoy, or our ability to provide, the Website or any services.

8. INTELLECTUAL PROPERTY RIGHTS

8.1 The content on the Website ("Company Content") and the trademarks, service marks and logos contained therein ("Marks") are owned by or licensed to Company, and are subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Company Content, includes, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics. All Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, common law trademarks or trade dress of Company in the United States and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

8.2 Company Content on the Website is provided to you "AS IS" for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and the Company Content and to download or print a copy of any portion of the Company Content to which you have properly gained access solely for your personal, non- commercial use. Company reserves all rights not expressly granted to you in and to the Website and Company Content and Marks.

9. THIRD PARTY WEBSITES AND CONTENT

The Website contains (or you may be sent through the Website or the Company 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 (the "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 Website or any Third Party Content posted on, available through or installed from the Website, 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 Website or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website 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 that our terms and policies 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 Website or relating to any applications you use or install from the Website. Any purchases you make through Third Party Websites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

23. NOTICES

Except as explicitly stated otherwise, any notices given to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.

24. USER DATA

Our Website will maintain certain data that you transfer to the Website for the purpose of the performance of the Company Services, as well as data relating to your use of the Company Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Company Services. You agree that Company shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Company arising from any such loss or corruption of such data.

Address: 9th Floor 107 Cheapside
London, UK EC2V 6DN
Email: info@tromero.ai