TERMS OF SERVICE

Last Updated: June 28, 2019

1. OUR SERVICE

Hi there, we are Trunkd Corp. (“we”, “us”, or “our”), the creators of a virtual smart phone system that helps you manage, handle and route incoming calls and SMS messages, amongst other things (“Trunkd”, the “Platform”, the “Trunkd Platform” or the “Service”).

2. ABOUT THE TERMS

Application of the Terms. These terms of service (“Terms”) govern your access to and use of Trunkd, which includes all software that we make that is related to Trunkd, including but not limited to the website, web apps, mobile apps, APIs, widgets, any and all app updates, anything that we make in the future, etc. Please do take some time to read these Terms carefully, and please do not hesitate to contact us if you have any questions. Our Terms also include our Privacy Policy, which can be found here https://www.trunkd.co/privacypolicy.html.

We are happy to grant you a limited, non-exclusive, non-transferable and revocable license to use Trunkd, but only if you agree to these Terms.

Modifying & Reviewing the Terms. We reserve the right to change or modify any of our Terms, at any time and in our sole discretion. We will always notify you if our terms change, and our Terms will always show the “last updated” date at the top. Any revisions of the Terms will be effective immediately upon posting the revisions on our Platform.

3. USER ACCOUNTS

Types of Users. Users can users who browse our website (“Non-Registered Users”), or users who create an account, log into and use Trunkd (“Registered User”). Both Non-Registered Users and Registered Users are considered to be “Users.”

Who can be a User? You can be a User if you are over 18 years old and if you can legally form a binding contract with us, but only if you agree to comply with these Terms and all applicable laws.

In order to be a Registered User, you must create a Trunkd account (“Account”). If you create a Trunkd Account on behalf of a company, organization or any other entity (“Company”), (i) “you” and “your” includes both yourself and that Company; and (ii) you promise that you are authorized to bind your Company to these Terms, that you agree to these Terms on your Company’s behalf and that you are authorized to act and use Trunkd on behalf of your Company.

Creating an Account. When you create an Account, you agree to provide accurate information for both yourself and your Company, including but not limited to your name, your Company’s name, e-mail address, physical mailing address, website, phone number, etc. You also must ensure that you and your Company’s information in Trunkd is always up-to-date. You also agree that you will:

  1. Always use a valid email address that belongs to you;
  2. Keep your password safe and do not share your password with anyone else;
  3. Accept all risks of unauthorized access to your Account;
  4. Keep all Account information up to date at all times;
  5. Be responsible for all activity linked to your Account;
  6. Not leave your computer, tablet or mobile device unattended.;
  7. Log out of Trunkd whenever you are not using it.
  8. When using Trunkd in a public space, be aware of your surroundings and ensure that no one is looking over your shoulder.
  9. Not share your Account with anyone else.
  10. Immediately notify us of any unauthorized use of your Account, login email and password or any other breach of security.

Account Approval. After you create an Account, your Account is approved in our sole and absolute discretion and such approval may be withdrawn at any time in our sole and absolute discretion with or without notification.

4. THE TRUNKD PLATFORM

What is the Trunkd Platform? Trunkd will enable users to: (a) select a local Canadian or US phone number (“Trunkd Number”); (b) utilize an interactive voice response (“IVR”) to either route calls or passthrough calls made to your Trunkd Number to other Registered Phone Numbers (defined below); (c) utilize voice mail services for the Trunkd Number; (d) utilize a SMS handling and routing system; and (e) other features offered by Trunkd from time to time as set out on the features page here: http://trunkd.co/#feature (collectively, the “Trunkd Features”).

Trunkd May Change. Because we are always trying to improve the Platform, the Trunkd Features may change over time. We may discontinue some features or introduce new features, but we will always try our best to give you notice when we make a material change to the Platform that might adversely affect you, however, you must acknowledge that this is not always practical, and therefore, we may not always give you notice.

Registered Phone Numbers. In order to use Trunkd, you must have:

  1. at least one telephone number (whether mobile phone, landline or VOIP) capable of receiving a verification code sent by SMS or a voice-call (“Registered Phone Number”) and with the same country code as that of your Trunkd Number;
  2. telephone service for at least one Registered Phone Number. You acknowledge that receiving calls through Trunkd to any Registered Phone Number will use up call minutes, call quota or incur service fees in connection to the telephone service associated with your Registered Phone Number. You also acknowledge that receiving transcribed voicemail attachments via SMS/MMS to any Registered Phone Number will use up SMS/MMS quota or incur service fees in connection to the telephone service associated with your Registered Phone Number. You agree that you will continue to be responsible for all call or SMS/MMS fees that are incurred; and
  3. if the Registered Phone Number does not belong to you, consent from the person who owns such Registered Phone Number to add their Registered Phone Number to Trunkd. You agree not to surreptitiously add a Registered Phone Number of another person without their consent.

You are responsible for the selection, implementation, installation, maintenance of any and all Registered Phone Numbers, telephone service for those Registered Phone Numbers and the devices that those Registered Phone Numbers are used on (“Devices”). We are not responsibility for any issues related to compatibility issues, network issues, communication issues, signal issues or downtime with respect to all such telephone service and Devices.

Voice-To-Text and Text-To-Voice. For any voice-to-text (“VTT”) and text-to-voice (“TTV”) features, you understand that such features may not accurately transcribe voicemails or articulate greetings or messages accurately. For voicemails, you are solely responsible for checking the original voicemail and verifying the accuracy of any transcribed voicemails. For greetings and messages, you are solely responsible for checking and testing the IVR to ensure that the greeting or message is as intended.

Storage of Information. We are not obligated to store your call logs, voicemails, emails or other messages any longer than fourteen (14) days. After this time, you agree that we have no responsibility or liability for the deletion or failure to store any call logs, voicemails, emails, messages and other communications maintained by or transmitted by and through Trunkd. You agree that we may establish limits as to the size of communications that Trunkd transmits or stores and the duration for which we store any communications.

911 and Emergencies. You understand that Trunkd does not provide dial-out capabilities, and in any event, has no ability for you to dial out to 911 in emergency situations. You represent and warrant that you will at all times maintain a mobile or traditional landline telephone service that will enable you to call 911 or any other emergency service number.

Trunkd Maintenance and Technology Limitations. We will make reasonable efforts to keep Trunkd operational but technical difficulties and/or ongoing maintenance may result in temporary interruptions to the Platform. We reserve the right, at any time, to modify, suspend, or discontinue our Service at any time, with or without notice.

5. FEES & TERM

Term. Your subscription to Trunkd (“Subscription”) begins when you select a Trunkd Number. The initial Subscription term may be either monthly or annual (“Initial Term”), depending on the option you selected when you first subscribed. The Initial Term begins on the date that your Subscription begins and will renew for a period equal to the Initial Term thereafter (“Subsequent Terms”) until terminated pursuant to these Terms. If you do not wish to renew your Subscription for Subsequent Terms, you must provide us with at least 30 days written notice sent to support@trunkd.co before the end of your current term, whether that is your Initial Term or Subsequent Term.

Trunkd Fees.
Your Subscription will be subject to fees (“Trunkd Fees”), as set out on our pricing page here https://www.trunkd.co/#pricing (“Pricing Page”). Trunkd Fees shall be payable in advance of the Initial Term or Subsequent Term, as the case may be, unless pursuant to a trial or promotional offer. With respect to Trunkd Fees, you agree to the following:

  1. In order to select a Trunkd Number, you must first enter at least one valid and accepted payment source into Trunkd (“Payment Source”).
  2. You authorize us to collect all applicable Trunkd Fees from any Payment Source linked to your Account, including but not limited to credit card, etc.
  3. You must keep a valid Payment Source on file with us at all times to pay for all Trunkd Fees.
  4. If your Payment Sources are not sufficient to pay all of your Trunkd Fees in full, you must pay the amount outstanding (“Indebtedness”) upon written notice to you from us, in accordance to the payment terms as set out in such notice;
  5. Failure to pay any of your Indebtedness will result in the suspension of your Account and termination of all Trunkd Numbers associated with your Account;
  6. If at any time, any of your Indebtedness is collected through legal proceedings or through a collections agency, you agree to pay all reasonable costs and expenses (including legal fees) incurred by us in collecting or attempting to collect such Indebtedness;
  7. In addition to any other rights and remedies available to us, we reserve the right to charge interest on all Indebtedness at the lesser of (i) 18% annual interest, compounding daily; and (ii) the maximum rate permitted by law, such interest to accrue starting from the date your Trunkd Fees and all other Indebtedness becomes due.

Promotions. From time to time, we may offer promotions or discounts in our sole discretion. Any promotion or discount codes must be provided to us upon purchasing your Subscription. You shall not be entitled to a subsequent credit for such promotions or discounts if you do not request such discount at the time of Subscription. In short, promotions and discounts may not be used retroactively. Further, promotions and discount codes may not be used cumulatively, unless otherwise indicated. If a promotion or discount code is offered to you on a confidential basis, you agree not to disclose the promotion or discount code to anyone else and to assume full responsibility for any harm, direct or indirect, caused to us by your disclosure of the promotion or discount code.

Sufficient Funds Preview. We may, in our sole and absolute discretion, query or retrieve the available funds or credit of any of your Payment Sources in order to assess or guarantee your creditworthiness and ability to pay, prior to the actual Trunkd Fees being incurred.

Payment Source Processing. For credit card payments and other Payment Source processing, we use a third-party payment processor (“Payment Processor”). This means that the processing of your credit card, as applicable, will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. We are not responsible for any errors made by the Payment Processor or your credit card issuer. In any credit card transaction, we will obtain certain transaction details from the Payment Processor, which we will use in accordance with our Privacy Policy.

6. THIRD PARTY SERVICE PROVIDERS

Subject to Terms of Core Providers. You acknowledge that Trunkd relies on best-in-class third-party service providers (“Core Providers”), to provide you with some core aspects of the Platform, including but not limited to phone number selection, call handling and routing, SMS handling and routing, TTV and VTT transcription, etc. (“Core Aspects”). Such Core Aspects are subject to the terms, conditions and privacy policies of those Core Providers, including but not limited to terms relating to the porting of phone numbers, limitation of liability, warranty, etc. In short, we cannot promise you more than what our Core Providers have promised us.

Resolving Issues with Core Providers. We will use commercially reasonable efforts to ensure that we are able to provide all aspects of the Platform at all times, including the Core Aspects, but you must acknowledge that the Core Aspects are not within our direct control. We will also use best efforts to resolve any issues with our Core Providers, but ultimately, you acknowledge that we are not responsible for and we do not warrant the availability, suitability, quality, timeliness or condition of the Core Aspects, and that you accept the Platform on an as-is basis.

Jurisdiction of Core Providers. Due to the nature of our Core Providers on which we rely, any information or data transmitted through the Platform may be transmitted through or stored in jurisdictions other than Canada, over which we have no direct control and which may have local legislation that applies. While we are using best-in-class Core Providers and we have made best efforts to ensure that such service providers treat your data in ways that would be similar to how we would treat your data, you acknowledge that we ultimately have no control over such service providers and therefore, you acknowledge that we shall have no liability for any acts or omissions of our third party service providers and the data that is transmitted through or store by them.

Liability Disclaimer. You hereby release us from all liability arising from any acts or omissions of our Core Providers and the data that is transmitted through or stored by them.

Porting of Telephone Numbers.

  1. We will use reasonable efforts to facilitate telephone number transfers and porting requests from you, provided that you comply with the necessary and specific requirements for porting between service providers. You acknowledge and understand that number porting depends on the cooperation of Core Providers outside of our control. Accordingly, you agree that we will not be liable for failure or delay of any Core Provider to cooperate in the porting of any telephone number or for allegedly unauthorized porting of any telephone number by a third party.
  2. The Core Providers that we rely on to port telephone numbers may be subject to local regulatory rules and industry guidelines regarding telecommunications and as such will require very specific and detailed information and requirements when completing a port request. We will inform you as to what those requirements are, and you must provide us with all information and documents required by our Core Providers. You understand that porting out your telephone number does not automatically terminate your Subscription. We cannot guarantee that we will be able to successfully port out your Trunkd Number or port in a telephone number. You also understand and agree that we may, from time to time, need to change your Trunkd Number (due to an area code split, a regulatory reason, or any other reason). We shall not be liable for any damages to you in the event that you are assigned a new Trunkd Number, including any need for you to reprint any business stationary or marketing materials, etc.

7. LICENSE GRANT & RESERVATION OF IP RIGHTS

Trunkd License Grant. We grant you a limited, non-exclusive, non-transferable and revocable license to use Trunkd. Unless otherwise specified in writing, you may not resell, lease or provide it in any other way to anyone else.

License Grant for Linking. You are granted a limited, non-exclusive right to create a text hyperlink to Trunkd, provided that such link does not portray us, or Trunkd in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphic of ours to link to the Trunkd or our website without the express written permission by us.

Reservation of Rights in Proprietary Materials. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ours or any third party.

Trunkd, including, without limitation, the content, metadata, design, organization, compilation, look and feel, the source, object, code and software (with the exception of licensed components) and all other protectable intellectual property available through and comprising Trunkd (the “Proprietary Materials”) are the property of Trunkd Corp. and are protected by copyright and other intellectual property laws. Our rights in such Proprietary Materials are expressly reserved.

You may not copy, reproduce, sell, publish, distribute, display, retransmit or otherwise provide access to the Proprietary Materials to anyone, unless with our written consent. You agree not to rearrange, modify, create derivative works using or reverse engineer the Proprietary Materials. You agree not to create, scrape or display our content for any purpose. You agree not to post any content from Trunkd to other websites, blogs, forums, etc. unless with our written consent.

Trade-marks. The Trunkd logo and all other product and service names, slogans or logos displayed on our platform are registered and/or common law trade-marks of Trunkd Corp., and may not be copied, imitated or used, in whole or in part, without the prior written permission by us. In addition, the look and feel of Trunkd, including all icons, user interface and user experience elements, custom graphics and scripts may not be imitated, used or copied in whole or in part, without the prior written permission by us.

If Intellectual Property Rights Violated. Any violation of our intellectual property rights may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

8. LIMITATIONS ON USE

Unacceptable Uses. You must not:

  1. Use Trunkd in a way prohibited by law, regulation, governmental order or decree;
  2. Use Trunkd to violate the rights of others;
  3. Use Trunkd in a way that could harm Trunkd or impair anyone’s use of it, including the use of any type of bot, virus, worm, or any other malicious code or instructions that are used to provide a means of surreptitious or unauthorized use of the Platform or damage the Platform;
  4. Use Trunkd for any illicit, obscene, abusive, violent, threatening purpose;
  5. Use Trunkd for any high-risk, inherently dangerous, time-sensitive or mission critical purposes;
  6. Use Trunkd in a way that it is not intended to be used, including placing an unreasonable load on the Trunkd infrastructure;
  7. Use the Platform for the purpose of product benchmarking or other comparative analysis intended for publication without our written consent;
  8. Use the Platform to develop or enhance any software, or any other derivative works of any software without our prior written consent;
  9. Crawl or scrape the Platform;
  10. Use Trunkd to reverse engineer, decompile or disassemble Trunkd;
  11. To stalk or otherwise harass, threaten, or defame Trunkd Corp., other Trunkd Users, or any other person or entity;
  12. Use Trunkd in a way that is harmful, fraudulent, obscene or otherwise objectionable;
  13. Jeopardize the security of your Trunkd Account or anyone else’s including allowing someone else to log in to your Account;
  14. Attempt, in any manner, to obtain the password, account or other security information of any other User;
  15. Violate the security of any computer network or crack any passwords or security encryption codes;
  16. To attempt to probe, scan or test the vulnerability of any Trunkd server or network or breach any security or authentication measures;
  17. Assist any other party, directly or indirectly in performing those foregoing acts described above in (i) to (vi).

Fair Use. We are committed to providing best-in-class service and value to all Users of Trunkd. To this end, we retain the right to impose limits on your usage of the Platform or terminate your Subscription to the Platform if we reasonably believe that your usage, including, but not limited to, the total number of incoming calls or SMS messages received is not consistent with normal, fair and reasonable use of such Services. These limits may change from time to time, in our sole discretion, and may be based on certain factors, either in the aggregate or on a per-feature basis, including but not limited to: call time, volume of incoming calls, frequency of incoming calls, etc. Where possible, we will use best efforts to give you written notice before taking any action to allow you a reasonable period to modify your use or to transition to another service provider.

Compliance with Laws. Your use of the Platform is subject to all applicable local, provincial, federal and international laws and regulations (including, without limitation those laws governing data collection, export control, consumer protection, unfair competition, anti-discrimination, false advertising, criminal laws, etc.)

Prohibitions on Information Entered. Throughout your use of Trunkd, you will be prompted to enter various information, such as text for IVR greetings or messages (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas. While using the Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish any of the following:

  1. Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, h, threatening, invasive of privacy pro publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Content that would constitute, encourage or provide instructions for a criminal offense, vio rights of any party or that would otherwise create liability or violate any local, provincial national or international law;
  3. Content that may infringe any patent, trademark, trade secret, copyright or other inal property or proprietary right of any party;
  4. Unsolicited promotions, political campaigning, advertising or solicitations;
  5. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, credit card numbers, unless expressly permitted by such third party;
  6. Viruses, corrupted data or other harmful, disruptive or destructive files;
  7. Content used to probe, scan or test the vulnerability of Trunkd, our servers, or service providers or our network; and
  8. Content that is unrelated to the topic of the Interactive Areas in which such content is posted.

9. DISCLAIMER

Your use of Trunkd is at your own risk. Trunkd is provided to you on an “as-is” and “as-available” basis without warranties from us of any kind, either express or implied. We expressly disclaim all representations or warranties, express or implied, including, without limitation, any representations or warranties of merchantability, fitness for a particular purpose, title and non-infringement. We expressly disclaim all representations and warranties about the accuracy, completeness, timeliness or efficacy of any Core Aspect and assume no liability or responsibility in connection with any Core Aspect. If any applicable authority holds any portion of this section to be unenforceable, then our liability and responsibility will be limited to the extent permitted by law.

10. LIMITATION OF LIABILITY

In no event will Trunkd Corp., it’s respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, be liable in any manner whatsoever for any damages of any kind, including but not limited to indirect, incidental, consequential, special or punitive damages arising out of:

  1. Your access, use or inability to use Trunkd;
  2. Your use of any content in Trunkd;
  3. Late, lost, delayed, damaged, misdirected or otherwise, electronic correspondence or communities;
  4. Any condition caused by events beyond our control that may cause Trunkd to be disrupted or otherwise;
  5. Any printing, human, typographical or other errors or ambiguities in or involving any online or printed materials associated with Trunkd;
  6. Any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure (including damages that result from inaccuracy of the information, inconvenience, delay, or loss of the use of Trunkd);
  7. Any unauthorized access to or use of our secure servers and/or any and all information stored therein;
  8. Any bugs, viruses, trojan horses, or the like which may be transmitted to or through Trunkd by any third party; and
  9. The cost of procurement of substitute goods and services resulting from your use of Trunkd;
  10. Any and all losses, damages, rights, claims and action of any kind in connection with or resulting from your use of Trunkd.

In no event shall Trunkd Corp.’s total liability to you, for any and all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you to us for any one term, whether it is an Initial Term or Subsequent Term. If any portion of this Limitation of Liability is found to be invalid, our liability shall be limited to the extent permitted by applicable law.

11. INDEMNIFICATION

You agree to defend, indemnify, and to hold harmless Trunkd Corp., its respective agents, employees, shareholders, officers, directors, contractors, legal advisors (“Representatives”), parent companies, affiliates, subsidiaries, and each of its Representatives, from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties (including the costs, expenses and legal fees on account thereof) arising, resulting from or relating to:

  1. Your access, use or inability to use Trunkd;
  2. An allegation that you violated any of these Terms;

Your agreement to defend, to indemnify, and to hold Trunkd Corp. harmless applies whether a claim against us arises out of contract or tort (including strict liability), and regardless of the form of action, including but not limited to your violation of any third party right, a claim that we caused damage to you or any third party and your use and access of Trunkd.

12. COMMUNICATIONS

Notice Methods. We may provide notices to you in the following ways:

  1. By email to the email address as specified in your account settings;
  2. By posting a notice on our Platform in an area suitable for notices. It is your responsibility to review our Platform for notices;
  3. By calling the telephone number specified in your account settings; and
  4. By mail to the address specified in your account settings.

Content of Notices. We may send you email information regarding issues such as your account status, system messages, mandatory updates, notices related to privacy or security, etc. (“Administrative Messages”).

For other messages and information relating to Trunkd, other than Administrative Messages, you will only receive these messages if you expressly opt-in to consent to receive these other types of information from us. In addition, at any point in time after you opt-in, you will have the opportunity to opt-out of receiving such messages.

13. TERMINATION

Termination by you. You may terminate your Subscription by informing us that you do not wish to renew your Subscription after the end of your Initial Term or Subsequent Term, as the case may be, in accordance to the above Section 5.

Termination by us. We may terminate your Subscription and Account immediately and without notification, if, in our sole and absolute discretion:

  1. you abuse Trunkd or any of its privileges, or if you fail to comply with these Terms, or make misrepresentations to us;
  2. we have a reasonable belief that your Account has been compromised or used to commit fraud, crimes or abuse Trunkd; or
  3. if you become subject to a petition in bankruptcy, insolvency or reorganization under any applicable bankruptcy or insolvency legislation.

Upon Termination. Trunkd reserves the right to retain information associated with your Account for a period of time (“Retention Period”) before deleting such information. This period of time may be a reasonable period of time, or a period of time in accordance with the law. Terms that have the ability to survive termination will survive.

14. APPLICABLE LAW & DISPUTE RESOLUTION

Governing Law. Trunkd is controlled by Trunkd Corp. and operated by it from its offices in Toronto, Canada. Both you and us at Trunkd Corp. agree that both parties will benefit from establishing a predictable legal environment with regards to Trunkd. Therefore, you and Trunkd Corp. explicitly agree that all disputes, claims or other matters arising from or relating to your use of Trunkd will be governed by the laws of Ontario and Canada.

Waiver of Future Class Action. Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against Trunkd Corp. related to any claim, and where applicable, you also agree to opt out of any class proceedings against Trunkd Corp.

15. FEEDBACK

Feedback include, without limitation, bug reporting, feedback, ideas or suggestions relating to Trunkd, new or improved features, enhancements, names or technologies, advertising and marketing campaigns, plans or other promotion. We have no obligation to review any Feedback nor do we have any obligation to keep any Feedback confidential. If you do send us any Feedback, Trunkd Corp. will automatically own such Feedback without restriction, and we will not acknowledge or compensate you. If you wish to preserve any interest you might have in your Feedback, you should not send them to us.

16. GENERAL

Identification as Registered User. You agree that we may identify you as a Registered User of Trunkd in marketing materials, on our website, in business proposals, or any other third-party website where we are promoting our services. You hereby grant us an irrevocable, perpetual, worldwide and non-exclusive fully paid-up, royalty-free (with right to sublicense) to use, reproduce, publish, and display your name, trade-marks, service marks, designs and logos in connection with the foregoing purpose.

Electronic Contracting. Your affirmative act of accepting our Terms constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.

Amendment. No amendments, modifications or waivers to these Terms shall be valid unless in writing and signed by all Parties.

Assignment. You may assign your Trunkd Account to a third party upon written consent by Trunkd, such consent shall not be unreasonably withheld. In order to assign your account:

  1. You must promptly notify us of the proposed assignee and their applicable details;
  2. We reserve the right to require the proposed assignee to provide us with certain information, as determined in our sole discretion, before we grant written consent.

Severability. If any part of these Terms is considered invalid for whatever reason, the remaining parts of these Terms will still be considered valid and enforceable.

Force majeure. We shall not be liable for any delay or failure in performance of our obligations to you by reason of occurrence or contingency beyond our reasonable control, including without limitation, acts of God, earthquake, fire, flooding, fiber cuts, actions or inactions of third party providers or suppliers, riots, sabotage, war, government requirements or action or other events that are beyond our reasonable control.

Entire Agreement. These Terms, and the Privacy Policy, and any other terms expressly incorporated herein, represents the entire Agreement between you and us, and overrules any previous communications, understandings, etc.

Questions and Comments. If you have any questions regarding these Terms or your use of Trunkd, please contact us at support@trunkd.co.