Introduction

Trūata Limited (“Trūata” “us” or “We”) provides to you www.truata.com (the “Site”) for the purpose of providing you with general information on the products and services provided by us. Please feel free to browse, download from, and otherwise use the Site. By accessing and using the Site, you accept and agree to the following terms of use (the “Terms of Use”) without limitation or qualification. If you do not agree with these Terms of Use, please do not use the Site. Please note that use of our products and services shall be subject to the terms and conditions of our Customer Services Agreement.

Content

Right to Use Site Content

We are granting you a limited, nonexclusive, revocable licence for you to view, share, print or download any Content, as defined below, from the Site for your own personal use. You are not granted the right to license, republish, distribute, copy, assign, sublicense, transfer, sell, prepare of derivative works or other non-personal use any Content on the Site. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use. You may not access or use the Site in any way that could or is intended to damage or impair the Site, or any server or network underlying the Site, or interfere with anyone else’s use and enjoyment of the Site. You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site or its any Content therein so long as the link does not portray Trūata, or its products or services in a false, misleading, derogatory, or otherwise offensive matter or imply a sponsorship or endorsement of your site, page or content by Trūata.

You may not use automated systems (e.g., robots, spiders, etc.) to access the Site. You agree not to collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.
Except for the limited rights expressly granted herein, all right, title and interest in and to the Site and all Content contained therein are reserved and owned by Trūata.

TRŪATA RETAINS THE RIGHT TO DENY ACCESS TO THIS SITE TO ANYONE WITHOUT NOTICE AT ITS COMPLETE DISCRETION FOR ANY REASON, INCLUDING FOR VIOLATION OF ANY OF THESE TERMS OF USE, INCLUDING ANY USE RIGHTS.

Changes to the Site and Terms of Use

Trūata reserves the right to change or modify Content, materials or information appearing on or in connection with this Site, including these Terms of Use, at any time without notice to you. Trūata may at any time revise these Terms of Use by updating this posting. You are bound by such revisions and should therefore visit these pages to review the current Terms of Use from time to time.

Intellectual Property Rights

The Site Content is protected by applicable intellectual property laws and all Content is owned by Trūata or used by Trūata under a licence or with permission. All text, formatting (including without limitation the selection, coordination and arrangement of materials on the Site, and the images, graphics, animation, tools, widgets, applications, commercials, videos, music, sounds, articles, copy, creative materials, photos, trademarks, service marks, trade names, and logos, and other materials and information on this Site are subject to the intellectual property rights of Trūata, its subsidiaries and affiliates, and their respective licensors and licensees (collectively “Content”). These materials may not be copied, reverse engineered, decompiled, disassembled, modified, reposted to other web sites, framed, deep linked to, changed, or otherwise distributed, redistributed, licensed, sublicensed or transferred in any form by you. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to make commercial use of any Trūata trademark, intellectual property right or copyrighted material without Trūata’s prior written permission. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are Trademarks of Trūata and its third party alliance partners. Nothing contained on the Site should be construed as granting by implication or otherwise, any licence or right to use any Trademark displayed on the Site without the written permission of Trūata or such third party that may own the Trademark. Any unauthorised commercial use of these materials will violate Trūata’s intellectual property rights and will be subject to Trūata’s full legal rights and remedies.

Copyright Complaints

In operating the Site, Trūata may act as a “service provider” and offer services as online provider of materials and links to third party web sites. As a result, third party materials that Trūata does not own or control may be transmitted, stored, accessed or otherwise made available using the Site. Trūata has in place certain procedures regarding allegations of copyright infringement occurring on the Site and has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of Trūata or of a third party, or that has otherwise violated any intellectual property laws or regulations, or these Terms of Use. If you believe any material available through the Site infringes a copyright, you should notify Trūata. Trūata will respond expeditiously to remove or disable access to the material claimed to be infringing and will attempt to resolve the claim between the notifying party and the alleged infringer who provided the Content. You should address infringement notices to:
Trūata Limited, 3rd Floor, Kilmore House, Park Lane, Spencer Dock, Dublin 1

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Site that you claim is infringing, with enough detail so that Trūata may locate it on the Site;
  3. A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
  4. A statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorised to act on behalf of that owner;
  5. Your address, telephone number, and email address; and
  6. Your physical or electronic signature

Submissions and Feedback

User Submissions and Conduct

As a user of the Site you may submit your comments, which may consist of textual content and potentially photos, videos, images audio files, other types of content and links to such content if allowed by the Site (collectively referred to as “User Submissions”). You will be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: the User Submission is your original work and that you own or have the necessary licenses, rights, consents, and permissions to use and authorise Trūata to use any and all User Submissions in any and all media now known or hereinafter invented without territorial or time limitations and without compensation, and have all necessary consents to collect, use and disclose any personally identifiable information, images or likeness contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. You agree that you will not submit as part of any User Submission any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant Trūata all of the license rights granted herein. Furthermore, you warrant and represent that you will disclose the existence of any patent registrations or pending applications held by you which relate in any way to your User Submission.

You acknowledge and agree that no confidential relationship or obligation of secrecy or confidentiality is established between you and Trūata regarding the User Submission, despite any statement or legend to the contrary on the User Submission and any related materials.

Ownership And Use of User Submissions

By making a User Submission, you understand that you are granting Trūata a worldwide, perpetual, royalty-free, fully-paid, irrevocable, sublicensable, transferrable, non-exclusive licence in and to the User Submission (including under copyright, patent, and trademark law), including the right to edit, change, and create derivative works, and any concepts or ideas contained in the User Submission, including the documents, artwork, statements, drawings, outlines, proofs, displays, photographs, footage, outtakes, musical scores, audio and video footage, discs, whether in print or electronic form, produced or created by you as part of the User Submission. The licence you are granting to Trūata includes the right of Trūata and its designees to reproduce the User Submission, prepare other works using the User Submission, combine your User Submission with other works, and alter, translate, distribute copies, display, perform, license and apply for copyright registration of the transformed User Submission in the name of Trūata throughout the world in perpetuity in any media that now exists or may exist in the future. For example, the above grant permits Trūata and its designees to use only certain portions of your User Submission, rerecord or modify any audio tracks or visual images you provide, rewrite the User Submission, and/or incorporate other materials, either created by Trūata or licensed from others, with your Submission. If we create other works using the User Submission, those works will be owned by us and may be used in accordance with these guidelines, and shall not be subject to your approval.

By making a User Submission, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the Submission or any photograph(s), footage, illustrations, statements or other work contained in the Submission. You are also agreeing to appoint Trūata as your irrevocable attorney-in-fact with respect to the User Submission, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that Trūata can use the User Submission that you are licensing in any way Trūata sees fit to own and protect the rights in any derivative works created from your User Submission, and to have the User Submission removed from any other website or forum.

Upon request of Trūata, you shall execute and deliver such additional instrument of license, as may be solely deemed by Trūata, reasonably necessary to establish Trūata’s ability to use the User Submission as it sees fit and that “Moral Rights of Authors” are waived under these Terms and Conditions. Should Trūata fail to request the said license instrument as stated, that shall not be deemed a waiver of Trūata’s rights and Trūata may at a later time request the instrument.

Submissions or Feedback

From time to time, we may ask that you for your feedback on Trūata’s Site and products and/or services. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by Trūata, (b) become the property of Trūata and Trūata shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by Trūata licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner, now known or later developed, on this Site or otherwise. Trūata shall be under no obligation to respond to any such communication. Notwithstanding the foregoing, Trūata maintains a policy of not accepting or considering any creative ideas, suggestions or materials from the public regarding its products and services (“Submissions”), and therefore, you should not make any Submissions to Trūata in any communications through this Site or otherwise. Nonetheless, if you do send us a Submission, despite our request not to do so, then such Submission shall immediately become the property of Trūata and Trūata shall exclusively now and hereinafter own all rights, title and interest therein. Furthermore, Trūata shall be free to use any Submissions for any purpose whatsoever, including, but not limited to, developing and marketing products and services. Trūata shall not be liable for such use or disclosure of such Submission or for any similarities in the Submission and any future Trūata products and services.

Third Party Content and Links to Other Web Sites

The Site may contain third party content and links to other web sites that are completely independent of this Site. Third-party content and links are included solely for the convenience of users and do not constitute any approval, endorsement or warranty by Trūata. Moreover, Trūata are not responsible for the accuracy, completeness, or reliability of third-party information, or the products or services offered or sold through any linked webs site and you assume sole responsibility for the use of third-party information. Any agreements, transactions, or other arrangements made between you and such third party are made solely at your own risk. When you click on a third-party link, you will leave the Site. Any personal information you submit on the resulting site will not be collected or controlled by Trūata but will be subject to the privacy notice or terms of use of the resulting site. Please review the privacy policy and terms of use of the resulting site for more information on its privacy practices.

Personal Information We Collect

Trūata may obtain information about you from various sources.

We also may obtain information about you from companies that use or facilitate the use of other Trūata products or services and from publicly available information systems.

In addition, you may choose to submit information directly to us via several methods, including: (i) on our websites, (ii) in response to marketing or other communications, (iii) through social media, (iv) by signing up for a Trūata product or service, (v) through participation in an offer, program or promotion, or (vi) in connection with an actual or potential business or employment relationship with us. You may also choose to consent to third parties disclosing information about you to us that those third parties have collected.

The types of personal information we may obtain or you may choose to provide include:

  • Contact information (such as name, postal or e-mail address, and phone number)
  • Business contact information (such as job title, department and name of organization)
  • Username and password
  • Contact information for friends or other people you would like us to contact
  • Content you provide (such as photographs, articles and comments)
  • Content you make available through social media accounts or memberships with third parties
  • Mobile device unique identifier
  • Geo-location data

We, our service providers and partners collect certain information by using automated means, such as cookies and web beacons, when you interact with our advertisements, mobile applications, or visit our websites, pages or other digital assets. The information we collect in this manner may include: IP address, browser type, operating system, referring URLs and information on actions taken or interaction with our digital assets. A “cookie” is a text file placed on a computer’s hard drive by a web server. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, is used to transmit information back to a web server.

We may use third-party web analytics services on our websites and mobile apps. The analytics providers that administer these services use technologies such as cookies and web beacons to help us analyze how visitors use our websites and apps.

We, our service providers and our partners may also collect information about your activities on our websites and apps for use in providing you with content and advertising tailored to your individual interests. The information collected for these purposes may include details about things like the particular pages or advertisements you view on our websites and the actions you take on our websites and apps. Please see the “Your Rights and Choices” section of this Global Privacy Notice to learn about your ability, at any time, to opt out or limit the use of your browsing behavior for online behavioral advertising purposes.

How We Use Personal Information We Collect

We may use the personal information we obtain about you to:

  • Create and manage any accounts you may have with us and respond to your inquiries
  • Provide, administer and communicate with you about products, services, offers, programs and promotions of Trūata, its issuers, acquirers, merchants and partners (including contests, sweepstakes and any other marketing activities)
  • Publish business directories (which may include business contact information)
  • Operate, evaluate and improve our business (including developing new products and services; managing our communications; determining the effectiveness of and optimizing our advertising; analyzing our products, services, websites, mobile applications and any other digital assets; facilitating the functionality of our websites, mobile applications and any other digital assets; and performing accounting, auditing, billing, reconciliation and collection activities)
  • Anonymizing personal information and preparing and furnishing aggregated data reports showing anonymized information, (including, but not limited to, the following: compilations, analyses, analytical and predictive models and rules, and other aggregated reports) for the purpose of advising our issuing and acquiring institutions, merchants and other customers and partners regarding past and potential future patterns of spending, fraud, and other insights that may be extracted from this data
  • Evaluate your interest in employment and contact you regarding possible employment with Trūata
  • Enforce our Terms of Use or other legal rights
  • As may be required by applicable laws and regulations or requested by any judicial process or governmental agency having or claiming jurisdiction over Trūata or Trūata’s affiliate
  • Comply with industry standards and our policies

We also may use the information in other ways for which we provide specific notice at the time of collection.

Personal Information We Share

We do not sell or otherwise disclose personal information we collect about you, except as described in this Global Privacy Notice or as we disclose to you at the time the data is collected.

In addition, we may share personal information with other third parties with your consent. When Trūata acts as a service provider for third parties we may provide them with personal information we collected on their behalf.

We also may share the information with our service providers who perform services on our behalf. We authorize these service providers to use or disclose the information only as necessary to perform services on our behalf or comply with legal requirements. We require these service providers by contract to safeguard the privacy and security of personal information they process on our behalf.

Trūata transfers personal information within the Trūata group of affiliated companies subject to the terms of this Global Privacy Notice or otherwise as we disclose to you at the time the data is collected (e.g., via program specific privacy notice).

On our websites, you may choose to use certain features that can be accessed through, or for which we partner with, other entities that are not otherwise affiliated with Trūata. These features, which include social networking and geo-location tools, are operated by third parties, including social networks, and are clearly identified as such. These third parties may use or share personal information in accordance with their own privacy policies. We strongly suggest you review the third parties’ privacy policies if you use the relevant features.

We may disclose information about you (i) if we are required to do so by law or legal process, (ii) when we believe disclosure is necessary to prevent harm or financial loss, or (iii) in connection with an investigation of suspected or actual fraudulent or illegal activity.

We reserve the right to transfer personal information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided to us in a manner that is consistent with our Global Privacy Notice. Following such a sale or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.

Your Rights And Choices

You have certain rights regarding the personal information we maintain about you. We also offer you certain choices about what personal information we collect from you, how we use that information, and how we communicate with you.

You can choose not to provide personal information to Trūata. You also may refrain from submitting information directly to us. However, if you do not provide personal information when requested, you may not be able to benefit from the full range of Trūata products and services, and we may not be able to provide you with information about products, services and promotions.

You can opt out of the collection and use of certain information, which we collect about you by automated means, when you visit our websites. In certain jurisdictions, you can exercise your choice via the Cookie Consent tool displayed on entry to and in the bottom of Trūata websites. Your browser may tell you how to be notified and opt out of receiving certain types of cookies. In addition, on certain Trūata websites, we may provide you with other choices regarding the use of cookies. Please note, however, that without cookies you may not be able to use all of the features of our websites or online services.

You can opt out of certain uses of information, which we collect about you by automated means, when you visit third-party websites and interact with our ads. We may use service providers to serve ads on those third-party websites. These ads may be customized and served based on the use of data we (and our partners) have collected on our websites and apps. In addition, some of our service providers and partners may collect information about your online activities over time and across third-party websites to customize and serve these ads. Trūata advertisements are sometimes delivered with icons that help consumers (i) learn more about how their data is being used and (ii) exercise choices they may have regarding the use of their data. Where applicable, click on the icon in our targeted advertisements to learn about your ability to opt out or limit the use of your browsing behavior for online behavioral advertising purposes.

You can at any time tell us not to send you marketing communications by e-mail by clicking on the unsubscribe link within the marketing e-mails you receive from us or by contacting us as indicated below. You also may opt out of receiving marketing e-mails.

As indicated above, we may anonymize personal information to perform data analyses.

If your employer provides your personal information to Trūata, you may have certain choices with respect to Trūata’s use or disclosure of the information. Please contact your employer to learn about and to exercise your choices.

To the extent provided by applicable law, you may withdraw any consent you previously provided to us, or object at any time on legitimate grounds, to the processing of your personal information. We will apply your preferences going forward. In some circumstances, withdrawing your consent to Trūata’s use or disclosure of your personal information will mean that you cannot take advantage of certain Trūata products or services.

Subject to applicable law, you may have the right to: obtain confirmation that we hold personal information about you, request access to and receive information about the personal information we maintain about you, receive copies of the personal information we maintain about you, update and correct inaccuracies in your personal information, object to the processing of your personal information, and have the information blocked, anonymized or deleted, as appropriate. The right to access personal information may be limited in some circumstances by local law requirements. To exercise these rights, please contact us as set forth below.

To update your preferences, ask us to remove your information from our mailing lists or submit a request to access, update, correct or delete your personal information, please contact us as specified below.

If we fall short of your expectations in processing your personal information or you wish to make a complaint about our privacy practices, please tell us because it gives us an opportunity to fix the problem. You may contact us by using the contact details provided in the “How To Contact Us” section below. To assist us in responding to your request, please give full details of the issue. We attempt to review and respond to all complaints within a reasonable time.

If you provide us with any information or material relating to another individual, you should make sure that the sharing with us and our further use as described to you from time to time is in line with applicable laws, so for example you should duly inform that individual on the processing of her/his personal data and obtain her/his consent, as may be necessary under applicable laws.

International Data Transfers

We may transfer the personal information we collect about you to recipients in countries other than the country in which the information was originally collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Global Privacy Notice or as otherwise disclosed to you at the time the data is collected (e.g., via program specific privacy notice).

Trūata is a global business. To offer our services, we may need to transfer your personal information among several countries. We comply with applicable legal requirements providing adequate safeguards for the transfer of personal information to countries outside of the European Economic Area (“EEA”) or Switzerland.

How We Hold And Protect Personal Information

The security of your personal information is important to Trūata. We are committed to protecting the information we collect. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide or we collect against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. We use SSL encryption on a number of our websites from which we transfer certain personal information.

Trūata stores personal information only for as long as it is necessary for the fulfillment of the purpose for which the personal information was collected, unless otherwise required or authorized by applicable law. We take measures to destroy or permanently de-identify personal information if required by law or if the personal information is no longer required for the purpose for which we collected it.

Links To Other Websites

Our websites may provide links to other websites for your convenience and information. These websites may operate independently from Trūata. Linked websites may have their own privacy notices or policies, which we strongly suggest you review if you visit any linked websites. To the extent any linked websites you visit are not owned or controlled by Trūata, we are not responsible for the websites’ content, any use of the websites, or the privacy practices of the websites.

Updates To Our Global Privacy Notice

This Global Privacy Notice may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will post a prominent notice on relevant websites to notify you of any significant changes to our Global Privacy Notice and indicate at the top of the Notice when it was most recently updated. If we update our Global Privacy Notice, in certain circumstances, we may seek your consent.

How To Contact Us

If you have any questions or comments about this Global Privacy Notice, Trūata’s privacy practices , if you want to contact our Data Protection Officer or like us to update information or preferences you provided to us, please use the contact form below. You also may e-mail us at: privacy@truata.com; or write to us at: Trūata Limited, 3rd Floor, Kilmore House, Park Lane, Spencer Dock, Dublin 1

 

Indemnification

You agree to indemnify, defend and hold Trūata and its business partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorneys’ fees and expenses, related to either your violation of these Terms of Use or your misuse of the Site. You will indemnify and hold Trūata harmless from and against any claim, suit or proceeding brought against Trūata arising from or in connection with violations of copyright or other intellectual property or other rights of third parties contained in your User Submissions and/or any other violation of law or breach of contract obligations relating to the User Submissions.

Disclaimer of Warranties

While Trūata will use reasonable efforts to ensure that all material on this Site is correct; however, accuracy cannot be guaranteed and Trūata does not assume any responsibility or liability for the accuracy, completeness or authenticity of any information contained in this Site.

THE SITE AND ALL CONTENT CONTAINED HEREIN ARE PROVIDED TO YOU “AS IS,” AND “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, TITLE/NONINFRINGEMENT, QUALITY OF INFORMATION, OR FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION OBTAINED BY YOU FROM TRŪATA THROUGH THE SITE SHALL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITATION, TRŪATA DISCLAIMS ALL WARRANTIES REGARDING THE AVAILABILITY OF THE SITE, THAT THE SITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS AT YOUR OWN RISK, ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY DATA LOSS THAT MAY RESULT FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGE RESULTING FROM COMPUTER VIRUSES. NOTHING IN THESE TERMS EXCLUDES OR LIMITS TRŪATA’S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR TRŪATA TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

Disclaimer of Damages and Limitation of Liability

IN NO EVENT SHALL TRŪATA OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO PROPERTY DAMAGE, LOSS OF USE, LOSS OF BUSINESS, ECONOMIC LOSS, LOSS OF DATA OR LOSS OF PROFITS, WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS OF THE SITE OR ITS CONTENT, EVEN IF TRŪATA OR ITS BUSINESS PARTNERS, EMPLOYEES, REPRESENTATIVES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL TRŪATA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED EUROS (EUR100) (WHICHEVER IS LESS), FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THIS SITE. NOTHING IN THESE TERMS EXCLUDES OR LIMITS TRŪATA’S LIABILITY (I) FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (II) FOR FRAUD OR FRAUDULENT MISREPRESENTATION, OR (III) FOR ANY MATTER WHICH IT WOULD BE ILLEGAL FOR TRŪATA TO EXCLUDE OR ATTEMPT TO EXCLUDE ITS LIABILITY.

Miscellaneous

These Terms of Use shall be construed, interpreted and performed exclusively according to the laws of Ireland without giving effect to any principles of conflicts of law. You expressly agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms of Use or this Site shall be filed only in the courts of Ireland. You hereby consent and submit to personal jurisdiction of such courts for the purposes of any action related to the Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

Content and software from the Site may be subject to U.S. or EU export jurisdiction and the import jurisdiction of other locations. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

These Terms of Use may not be assigned by you. Trūata may assign its rights and obligations set forth in these Terms of Use at any time. Should any part or provision of these Terms of Use be held unlawful, void, invalid or unenforceable, that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Except as provided herein, these Terms of Use constitute the entire agreement between you and Trūata pertaining to their subject matter. Certain provisions of these Terms of Use may be superseded or added to by designated legal notices or terms located on particular pages, applications, tools or other materials that you may access within this Site. Trūata’s failure to enforce any provision of these Terms of Use or any additional terms shall not be deemed a waiver of such provisions nor of its right to enforce such provision. These Terms of Use and any related documents may be accepted in electronic form (e.g., by an electronic or other means of demonstrating assent) and your acceptance will be deemed binding between you and Trūata. You hereby agree, without limitation, that you not will contest the validity or enforceability of these Terms of Use and any related documents.

Customer Service and Contact Information

Trūata Limited, 3rd Floor, Kilmore House, Park Lane, Spencer Dock, Dublin 1, Ireland