Effective date: April 17th, 2017

Latest revision date: April 1st, 2021

Truple is a service provided by Truple LLC.

Introduction

We, Truple, have developed these Terms of Use (“Terms”). We encourage you to read these Terms carefully.

By viewing, downloading, installing, using, or opening the Truple site, service, or applications (together, our “Services”), you accept and agree to these Terms. In your use of services, you will likely have one or more “accountability partners,” who may view screenshots captured during your use of our Services. You should only choose accountability partners you trust with private personal information. We make our best efforts to filter personal information from screenshots, but we aren’t perfect. Any person with access to any information related to our Services will be assumed to have read and agreed to these Terms and our Privacy Policy, including any accountability partners. Our Privacy Policy is available at https://truple.io/privacy.html.

We may revise and update these Terms from time to time. If we do this, we will update this document at https://truple.io/termsofuse.html and indicate at the top of the page the date that these terms were last revised. Your continued use of our Services after any such change constitutes your acceptance of the new Terms. If you do not agree to this or any future Terms, you may not use or access the Services. It is your responsibility to regularly check the Terms to determine if there have been changes and to review such changes. Truple reserves the right to refuse service to anyone, for any reason.

These Terms will remain in full force and effect while you use any aspect of the Services and after you discontinue use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SERVICES AND DO NOT SUBMIT ANY INFORMATION TO US.

THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO DISPUTES THAT YOU MAY HAVE WITH TRUPLE LLC. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION PROVISION AS PROVIDED BELOW.

Any dispute between you and Truple LLC arising from or related to these Terms or the Services shall be governed by the law of the State of Washington.

Use of the Services

You agree that you are 18 years or older. You may not register an account if you are under 18 years of age without first providing us proof that you have consent from your parent(s) or legal guardian(s) to use the Services in accordance with our Terms and Privacy Policy. If you are under 16 years of age, you may not register an account, even with the consent of your parent(s) or legal guardian(s).

You certify that you are the owner of all electronic devices, or have been authorized by the owner of all devices, on which Truple’s Services are used.

In order to use Truple’s Screenshot Accountability Service, you agree to register an account with Truple by, at a minimum, providing your email address and accepting these Terms and the Privacy Policy. When you initiate the Truple Web Filter, you are agreeing to these Terms and the Privacy Policy. Truple, at its sole discretion, may set additional requirements for registration of a user account.

Only users who have registered an account with Truple for the Screenshot Service and have accepted these Terms and the Privacy Policy may use the Services on any device. The Screenshot Service may not be used on a device that is not logged in with a user account. It is the registered or agreeing user’s responsibility to ensure that all other users of your devices have read and agree to these Terms and the Privacy Policy found at https://truple.io/privacy.html. Any user, registered or not, of the services will be assumed to have read and agreed to these Terms and Privacy Policy.

You are responsible for the safety and security of your password and account login and for all activities that occur under your password or account identification. Unless you make us aware of unauthorized access to your account, we will assume that use of your account is authorized. We are not responsible for any consequences from unauthorized access to your account that come from your failure to protect your password and account login. We reserve the right to take reasonable steps to ensure the security of the Services and your account. Those steps may include terminating your account or changing your password. You may not use anyone else’s account at any time without their express permission.

Payment and Cancellation

You agree to pay a monthly or annual recurring fee for our Services, to be billed in advance, before the beginning of the service period. We may suspend or terminate your account or your access to the Services if your offered payment method cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on that payment method, as well as taxes and other charges incurred, at regular intervals, all of which depend on your particular membership and utilized services.

Uninstalling Truple’s applications does not constitute cancellation of Services. In order to cancel, you must login to your account through https://app.truple.io/account and click "Cancel Subscription", or cancel through the Google Play Store app.

Truple offers a 30 day moneyback guarantee. If you are unhappy with the service, please cancel your account then request a refund by emailing support@truple.io. Refunds will only be issued if the request is made within 30 days of the first payment. Refunded amounts will not exceed the amount of one month’s billing on the account.

Unauthorized Activities

As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Truple. By way of example, and not as a limitation, you agree not to use the Services:

You agree to comply with all the laws, rules, and regulations applicable to your use of the Services.

Truple reserves the right report any unlawful or suspected unlawful activity, including the viewing of child pornography, when discovered by any means. Truple also reserves the right to alert appropriate law enforcement agencies regarding unlawful or suspected activity, and to copy and share content related to such activity with law enforcement at their request.

You may not change, modify, adapt or alter the Services or change, modify, or alter another website as to falsely imply that it is associated with the Services or Truple.

You may not access Truple’s private API by means other than the desktop, mobile, or web application provided by Truple, unless done for security research conducted in accordance with Truple’s Vulnerability Reporting Policy which can be found at https://truple.io/vrp.html.

Truple makes no warranties or representations, express or implied, regarding the usability of the Service.

Truple does not guarantee continuous or uninterrupted monitoring or filtering on electronic devices. Truple reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of its monitoring or filtering services, as well as any aspect pertaining to use of Truple’s Services. Truple is not responsible for any use by any user that violates any of these Terms, its Privacy Policy, or other local or federal laws. Any violation of Terms, the Privacy Policy, or other laws by a user’s use of Services, actions, or content is attributable to the user.

Proprietary Rights

The Services include our intellectual property, including trademarks. Unless otherwise specified in these Terms, all the Services and associated intellectual property are our sole property or the property of our licensors. All rights not expressly granted in these Terms are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.

You are not authorized to decompile, reverse engineer, or deconstruct the Service in any way without prior written consent from Truple.

Truple makes reasonable efforts to prevent any copyrighted or confidential content from being captured during use of the Services. Some content of screenshots may not always be filtered despite these efforts, and Truple disclaims any interest in the copyrighted materials of others. As a condition of use, you agree that you are solely responsible for content captured through your use of our Services.

Electronic Communications

By using the Services you consent to receiving electronic communications from us. These electronic communications may include notices about applicable fees and charges, transactional information, and other information related to the Services. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal-communication requirements, including the requirement that communications be in writing.

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, AND STATUTORY) WITH RESPECT TO THE SERVICES, WHICH INCLUDE BUT ARE NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE SERVICES ARE FREE OF PROBLEMS. Without limiting the generality of the material above, we make no warranty that the Services or any part of the Services will meet your requirements, that the Services will be uninterrupted, timely, secure, or error free, or that defects in the Services will be corrected. We make no warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services. We make no warranty that the risk ratings of screenshots and websites are accurate or align with your own assessment of risk. No advice or information, whether oral or written, obtained by you through the Services, from Truple LLC will create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY

IN NO EVENT WILL TRUPLE LLC, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) THE SERVICES; (II) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES; (III) ANY ACTION OR INVESTIGATION BY LAW ENFORCEMENT OR OTHER GOVERNMENT AGENCIES RELATED TO YOUR USE OF OUR SERVICES OR INFORMATION OBTAINED THROUGH USE OF OUR SERVICES; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (V) ANY ERRORS OR OMISSIONS IN THE SERVICES’ OPERATION; (VI) ANY DAMAGES TO YOUR COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH; (VII) ANY DAMAGES TO YOUR REPUTATION, SOCIAL STANDING, OR RELATIONSHIP WITH ANOTHER PARTY, INCLUDING ANY LEGAL CLAIMS FOR DAMAGES, FOR ANY REASON, INCLUDING DAMAGE FROM ANY SECURITY BREACH; (VIII) ANY LOSS OR DAMAGES DUE TO MOBILE DATA OR INTERNET USE; (IX) ANY LOSS OR DAMAGES DUE TO YOUR INABILITY TO USE OTHER MOBILE APPLICATIONS OR OTHER SOFTWARE BECAUSE THE SERVICE IS RUNNING; OR (X) ANY OTHER MATTER RELATING TO THE SERVICES, EVEN IF YOU CLAIM TO HAVE NOTIFIED TRUPLE LLC ABOUT SUCH DAMAGES. UNLESS OTHERWISE PROVIDED FOR BY LAW, THE AGGREGATE LIABILITY OF TRUPLE LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).  

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SERVICES, AND WE WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT THIS LIMITATION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend Truple LLC (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of violation of these Terms of Use, your use of the Services, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with Truple LLC or your use of the Services.

Terms Specific to Use of Truple Screenshot Accountability Service

By using the Truple Screenshot Accountability Service, you agree to allow the Services to capture screenshots, web history, and other events from your electronic devices (herein referred to as “monitoring”). You agree that screenshots, web history, and screen time (collectively, “accountability data”) may be automatically transferred to individuals you designate, as well as being stored by us temporarily on servers owned by Amazon Web Services (AWS) for a period not exceeding 15 days.

You are voluntarily providing Truple with permission and any necessary information to capture accountability data from your electronic devices. You agree to inform all users of your electronic devices that you have authorized monitoring by Truple.

Terms Specific to Use of Truple Filtering Service

By using the Truple Filtering Service, you agree to allow your DNS queries to be filtered by DNS servers hosted by https://cleanbrowsing.org. We encourage you to review their Privacy and Terms of Service at https://cleanbrowsing.org/privacy. No DNS requests or IP addresses are logged by cleanbrowsing.org when using our service.

Truple does not guarantee continuous or uninterrupted filtering on electronic devices.

DISPUTE RESOLUTION AND ARBITRATION

Please read this provision carefully. It affects your legal rights.

This Dispute Resolution and Arbitration provision (this “Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, and negligence), or any other legal or equitable theory, including the validity, enforceability, and scope of this Provision) that may arise between you and Truple LLC. In these Terms, “dispute” has the broadest meaning allowable by law, and includes all claims against third parties (such as our licensors, suppliers, dealers, or vendors) relating to these Terms or the Services whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us will be resolved by binding arbitration. Acceptance of these Terms constitutes a waiver of your right to litigation of claims and all opportunity to be heard by a judge or a jury.

To be clear, there is no judge or jury in arbitration and judicial review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief (including attorney’s fees) that a court is permitted to award. You may, however, opt-out of this Provision. If done, you would have the right or the opportunity to bring claims in court, before a judge or a jury, or to participate in or to be represented in a case filed in court by others (including class actions). BOTH YOU AND TRUPLE LLC AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION, RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Dispute Resolution. For all Disputes, you must first give us an opportunity to resolve the Dispute. To do so, you must email the following information to support@truple.io: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief that you are seeking. If we do not resolve the Dispute by the 60th day following the date on which we receive your notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in court only under the circumstances described below.

Exclusions from Arbitration and Right to Opt-Out. Despite anything to the contrary above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court or (b) YOU OPT-OUT OF THE ARBITRATION PROCEDURES IN THESE TERMS BY THE 30TH DAY FOLLOWING THE DATE ON WHICH YOU FIRST CONSENT TO THESE TERMS (the “opt-out deadline”). You may opt-out of mandatory arbitration as described in this Provision by emailing the following information to support@truple.io: (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Any opt-out request received after the opt-out deadline will not be valid and you will be required to pursue any dispute in arbitration or in small claims court.

Arbitration Procedures. If this Provision applies and the dispute is not resolved through the Pre-Arbitration Claim Resolution process, either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”) (www.adr.org) or JAMS (www.jamsadr.com) will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration and will not be a class arbitration. All issues will be for the arbitrator to decide, including the scope of this Provision. For Disputes of less than $75,000 before the AAA, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply. For Disputes where the claimed amount at issue is $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class or collective action procedures or rules apply to the arbitration.

Because these Terms and the Services concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.

Arbitration Award. The arbitrator may award on an individual basis any relief that is available under applicable law, but the arbitrator may not award relief to, against, or for the benefit of any person or entity that is not a party to the arbitration. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested to do so by a party. Any arbitration award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration. You or we may initiate arbitration in either the State of Washington or in the federal judicial district in which your physical address is located. We may transfer any arbitration to the State of Washington, so long as we agree to pay any additional fees or costs that the arbitrator determines you have incurred because of the transfer.

Payment of Arbitration Fees and Costs. You agree that all arbitration fees will be divided equally between you and us. You will still be responsible for all additional expenses and costs that you incur in the arbitration, including your attorney’s fees and fees for expert witnesses.

Jury Waiver. You understand and agree that by accepting this Provision, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had the right or the opportunity to bring disputes in a court, before a judge or jury, or to participate or to be represented in a case filed in court by others (including class actions). Except as otherwise provided below, these rights are waived. Other rights that you would have if you went to court (such as the right to appellate review and to certain types of discovery) may be more limited or may also be waived.

Severability. If any clause within this Provision is found to be illegal or unenforceable, that clause will be severed from this Provision and the remainder of this Provision will be given full force and effect.

Continuation. This Provision will survive the termination of your account with us and your discontinued use of the Services. We agree that if we make any change to this Provision (other than a change to the notice address), you may reject the change and require us to adhere to the language in this Provision if a dispute between you and us arises.