Terms & Condition

Please read these Terms of Use (‘Terms’) carefully before using the Trimes Technology website at trimestechnology.com, the client portal, or any online services, software, or applications provided by Trimes Technology LLC or its affiliates (collectively, ‘Trimes Technology,’ ‘we,’ ‘us,’ or ‘our’) that link to these Terms (the ‘Service’). By visiting or using the Service in any manner, you agree to be bound by these Terms and represent that you have the right, authority, and capacity to enter into them on behalf of yourself or the entity you represent.

THE SERVICE IS INTENDED FOR BUSINESS USE ONLY and may not be used for personal, household, or consumer purposes except as expressly permitted herein. Your use of the Service is also governed by our Privacy Policy set out in Part II of this document, incorporated herein by reference.

IMPORTANT LEGAL NOTICE

These Terms affect your legal rights, responsibilities, and obligations. They govern your use of the Service, limit Trimes Technology’s liability to you, and require you to settle certain disputes through individual binding arbitration. If you do not agree to these Terms, do not use the Service.

1. OWNERSHIP AND YOUR RIGHTS TO USE THE SERVICE

A. Ownership

The Service and all of its content (‘Content’) — including all text, graphics, logos, service descriptions, data compilations, software, and all intellectual property rights therein (‘Intellectual Property’) — are owned or controlled by Trimes Technology, its licensors, or certain third parties. All right, title, and interest in and to the Content is the property of Trimes Technology, its licensors, or such third parties, and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

B. Your License to Use the Service

Subject to your strict compliance with these Terms, Trimes Technology grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for lawful business evaluation and engagement purposes. This license permits you to:

• Display, view, and use Content on a computer or internet-enabled device and print one copy for your internal business reference;
• Use contact forms, quote request tools, and other interactive features expressly made available on the Service;
• Link to the Service from your own website or digital presence, provided that: (i) the links contain only text and do not use Trimes Technology’s names, logos, or images without written permission; (ii) the links do not suggest unauthorized affiliation or endorsement; and (iii) the linking content is not unlawful, misleading, offensive, or otherwise objectionable.

This license does not include the right to download, copy, modify, distribute, sell, create derivative works from, or otherwise exploit any Content or the Service beyond the narrow permissions above, without Trimes Technology’s prior written consent.

C. Reservation of Rights

ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU ARE RESERVED BY TRIMES TECHNOLOGY AND ITS LICENSORS. No right or license may be construed by implication, estoppel, industry custom, or otherwise. Unauthorized use of any Content or the Service for any purpose is prohibited.

D. Third-Party Services

The Service may contain links to or integrations with third-party websites, platforms, or services (‘Third-Party Services’) that are not owned or controlled by Trimes Technology. We are not responsible for the content, privacy practices, or terms of Third-Party Services. We encourage you to review the terms and privacy policies of any Third-Party Services you access from our Service.

2. CONTENT YOU SUBMIT

By submitting any content, feedback, reviews, testimonials, or other material to Trimes Technology through the Service or otherwise (‘User Content’), you grant Trimes Technology a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, display, distribute, and create derivative works from such User Content for business and service improvement purposes, subject to our Privacy Policy.

You represent and warrant that: (i) you own or have the necessary rights and permissions to submit the User Content; (ii) the submission does not violate any applicable law or third-party rights; and (iii) the User Content does not contain personal data of others without their consent. Trimes Technology reserves the right, but not the obligation, to review, edit, or remove User Content at any time and without notice.

3. PROHIBITED USES

You agree that in connection with your use of the Service you will NOT:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Use the Service to compete with Trimes Technology, including by harvesting, scraping, or systematically copying any Content, pricing, or service information;
• Attempt to gain unauthorized access to the Service, its underlying infrastructure, or any related systems or networks;
• Decompile, disassemble, reverse engineer, or attempt to derive any source code, underlying ideas, or algorithms from any part of the Service;
• Transmit any malware, spyware, ransomware, viruses, Trojan horses, or other malicious or harmful code;
• Interfere with or disrupt the integrity or performance of the Service or the servers or networks connected to it;
• Use automated tools (bots, scrapers, crawlers, spiders) to access or extract data from the Service without prior written authorization;
• Collect, store, or process personal data about other users of the Service without their express consent;
• Harass, threaten, defame, or intimidate any person through or in connection with the Service;
• Misrepresent your identity or affiliation in any communication with Trimes Technology or through the Service;
• Violate any intellectual property rights of Trimes Technology or any third party.

Trimes Technology reserves the right to investigate suspected violations and to cooperate with law enforcement in connection with any such investigation. Violation of these prohibitions may result in immediate termination of your access to the Service without notice.

4. CLIENT PORTAL

The Service includes a client portal where authorized representatives of client organizations may access account information, service tickets, infrastructure health reporting, and other service data (‘Client Portal’). By accessing the Client Portal, you accept these Terms individually and on behalf of your organization.

Client organizations are responsible for:

• Ensuring that all registration information provided by their authorized users is complete, accurate, and current;
• Maintaining the strict confidentiality of all usernames, passwords, and access credentials;
• Restricting access to authorized users only and ensuring that access credentials are not shared with unauthorized individuals;
• Immediately notifying Trimes Technology at legal@trimestechnology.com of any unauthorized access, suspected breach of credentials, or other security incident;
• All activity occurring under their account credentials, whether or not authorized.

Trimes Technology reserves the right to suspend or terminate Client Portal access at any time for any reason, including suspected unauthorized use or violation of these Terms.

5. INTELLECTUAL PROPERTY & DMCA COMPLIANCE

A. Trimes Technology Intellectual Property

All trademarks, service marks, trade names, logos, and branding elements displayed on the Service are proprietary marks of Trimes Technology LLC or their respective owners. Nothing in these Terms grants you any right to use any mark, logo, or brand name of Trimes Technology without prior written authorization.

B. DMCA Copyright Infringement Notices

Trimes Technology respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (‘DMCA’). If you believe that content on the Service infringes your copyright, please send a written DMCA Notice to our designated agent containing:

• A description of the copyrighted work you claim has been infringed;
• A description of where the allegedly infringing material is located on the Service (including the full URL);
• Your full name, address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf;
• Your electronic or physical signature.

Send DMCA notices to: legal@trimestechnology.com or by mail to: Trimes Technology LLC, Attn: Legal/DMCA Agent, 9800 Centre Pkwy, STE 647, Houston, TX 77036.

Upon receiving a valid DMCA notice, Trimes Technology will take appropriate action, including removing or disabling access to allegedly infringing material, and may notify the content provider. Repeat infringers will have their access to the Service terminated.

6. ELECTRONIC COMMUNICATIONS & CAN-SPAM COMPLIANCE

By providing your email address to Trimes Technology through any Service form, you may receive transactional emails related to your inquiry or account. Where Trimes Technology sends marketing emails, we comply with the CAN-SPAM Act, 15 U.S.C. § 7701 et seq., as follows:

• We will not use false or misleading header information or deceptive subject lines;
• We will identify each marketing email clearly as an advertisement where required;
• We will include our valid physical mailing address in every marketing email;
• We will include a clear and conspicuous opt-out mechanism in every marketing email;
• We will honor opt-out requests within 10 business days.

To opt out of marketing communications at any time, follow the unsubscribe link in any email we send or contact us at privacy@trimestechnology.com. Note that transactional and service-related communications may continue after opt-out.

7. CHILDREN’S PRIVACY — COPPA COMPLIANCE

The Service is not directed at children under the age of 13, and Trimes Technology does not knowingly collect personal information from children under 13 in compliance with the Children’s Online Privacy Protection Act (‘COPPA’), 15 U.S.C. § 6501 et seq. If we become aware that we have inadvertently collected personal information from a child under 13, we will take immediate steps to delete that information. If you believe we have collected information from a child under 13, please contact us immediately at privacy@trimestechnology.com.

8. DISPUTE RESOLUTION — ARBITRATION & CLASS ACTION WAIVER

A. Pre-Dispute Notification

Trimes Technology and you agree that it is mutually beneficial to attempt to resolve any dispute informally before initiating formal proceedings. The party asserting a claim shall send written notice to the other party summarizing the nature of the claim and the relief sought. If Trimes Technology is the claimant, notice will be sent to the email address associated with your account. If you are the claimant, notice shall be sent to legal@trimestechnology.com or to 9800 Centre Pkwy, STE 647, Houston, TX 77036, Attn: General Counsel. If the dispute is not resolved within sixty (60) days of such notice, either party may proceed to binding arbitration as set forth below.

B. Binding Arbitration

Subject to Section 8.E (Small Claims), any dispute, controversy, or claim arising out of or relating to the Service, these Terms, or the breach, termination, enforcement, interpretation, or validity thereof (‘Dispute’) shall be resolved by final and binding arbitration administered by the American Arbitration Association (‘AAA’) under its Commercial Arbitration Rules, before a single neutral arbitrator. The arbitration shall be conducted in Houston, Texas, USA. The arbitrator shall apply Texas law and shall issue a reasoned written award. Either party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

C. Class Action Waiver

AS PERMITTED BY APPLICABLE LAW, YOU AND TRIMES TECHNOLOGY EACH WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. THE ARBITRATOR SHALL NOT HAVE AUTHORITY TO CONSOLIDATE DISPUTES OF DIFFERENT PERSONS INTO A SINGLE PROCEEDING. If this class action waiver is found unenforceable for any claim, that claim must proceed in court and not in arbitration.

D. Jury Trial Waiver

AS PERMITTED BY APPLICABLE LAW, THE PARTIES HEREBY WAIVE THEIR RIGHT TO A JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.

E. Small Claims

Either party may bring a qualifying Dispute (excluding intellectual property claims) in a small claims court of competent jurisdiction rather than arbitration, subject to Section 8.C.

F. Governing Law

These Terms and any Dispute shall be governed by, construed, and resolved in accordance with the laws of the State of Texas, USA, without regard to its conflict-of-law provisions. The parties agree to the personal jurisdiction of the state and federal courts located in Harris County, Texas, for any matters not subject to arbitration or for enforcement of arbitral awards.

9. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN ‘AS IS,’ ‘AS AVAILABLE,’ AND ‘WITH ALL FAULTS’ BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRIMES TECHNOLOGY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND FREEDOM FROM COMPUTER VIRUS.

Trimes Technology does not warrant that: (i) the Service will be uninterrupted, timely, secure, or error-free; (ii) any errors in the Service will be corrected; (iii) the results obtained from use of the Service will be accurate, reliable, or meet your requirements. Service warranties applicable to specific client engagements are governed exclusively by the terms of a separately executed service agreement.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIMES TECHNOLOGY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM — ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, EVEN IF TRIMES TECHNOLOGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TRIMES TECHNOLOGY’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO TRIMES TECHNOLOGY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Trimes Technology’s liability shall be limited to the fullest extent permitted by applicable law.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Trimes Technology LLC, its officers, directors, employees, agents, licensors, and service providers (collectively, ‘Trimes Technology Parties’) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms; (ii) your use of the Service; (iii) your submission of User Content; (iv) your violation of any applicable law or regulation; or (v) any misrepresentation made by you. Trimes Technology reserves the right to assume exclusive control of any matter subject to indemnification at your expense, and you agree to cooperate fully in such defense.

12. UPDATES TO TERMS

Trimes Technology reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms on the Service with an updated effective date and, where required by applicable law, by providing direct notification by email. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use of the Service.

13. GENERAL PROVISIONS

A. Severability

If any provision of these Terms is held invalid, unlawful, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be severed, and the remainder of these Terms shall continue in full force and effect.

B. No Waiver

Failure by Trimes Technology to enforce any provision of these Terms shall not constitute a waiver of Trimes Technology’s right to enforce that provision in the future.

C. Assignment

Trimes Technology may assign its rights and obligations under these Terms at any time without notice. You may not assign your rights or obligations under these Terms without Trimes Technology’s prior written consent.

D. Entire Agreement

These Terms, together with the Privacy Policy in Part II and any applicable service agreement, constitute the entire agreement between you and Trimes Technology regarding your use of the Service and supersede all prior agreements and understandings relating thereto.

E. Contact for Legal Notices

All legal notices to Trimes Technology must be sent to: Trimes Technology LLC, Attn: Legal Department, 9800 Centre Pkwy, STE 647, Houston, TX 77036, or by email to legal@trimestechnology.com.