These terms govern your use of triacaf.com and the TriaCaf Assay platform (together, the "Service"), provided by Triacaf LLC ("TriaCaf", "we", "us"). By creating an account or using the Service, you agree to them on behalf of yourself and the organization you represent. If you have a separate signed agreement with us, that agreement controls where it differs from these terms.
1. Accounts
You must provide accurate account information, keep your credentials secure, and be authorized to bind the organization you sign up for. You're responsible for activity under your account and your organization's workspace. Tell us promptly at info@triacaf.com if you suspect unauthorized access.
2. Your data
You own the data you upload or connect ("Customer Data") and the outputs generated from it. You grant us permission to host, process and analyze Customer Data only as needed to provide, secure and support the Service for you. We don't sell Customer Data or use it to build models for other customers. Our Privacy Policy describes how we handle personal information.
You're responsible for having the rights and any notices or consents needed to upload Customer Data, including any personal information it contains, and for not uploading data you're prohibited from sharing (for example, protected health information or payment card data).
3. Acceptable use
You agree not to:
- access another organization's data, or probe, scan or test the Service's security without our written permission;
- interfere with or overload the Service, or attempt to reverse engineer it except where the law allows;
- use the Service to break the law, infringe others' rights, or process data you have no right to use;
- resell or provide the Service to third parties without our agreement.
4. What the analyses are, and aren't
The Service produces statistical estimates with stated uncertainty, verification results and caveats. They're decision support, not guarantees of future results. You're responsible for reviewing outputs, including their diagnostics and limitations, before acting on them. The platform is designed so that a person approves results before anything acts on them, and you remain responsible for business decisions you make using the Service.
5. Fees
Fees, if any, are set out in your order form or pilot agreement. Unless that document says otherwise, fees are non-refundable and exclusive of taxes.
6. Our property
We own the Service, including its software, models, methods and documentation. We grant you a limited, non-exclusive, non-transferable right to use it during your subscription for your internal business purposes. If you send us feedback, we may use it without obligation to you.
7. Confidentiality
Each party will protect the other's non-public information with reasonable care, use it only to perform under these terms, and not disclose it except to people who need to know it and are bound to keep it confidential, or as required by law.
8. Suspension and termination
You can stop using the Service at any time. We may suspend or terminate access if you materially breach these terms, if needed to prevent harm to the Service or other customers, or if required by law; where practical, we'll give notice first. After termination, you can request an export of your Customer Data for 30 days, after which we delete it as described in our Privacy Policy.
9. Disclaimers
Except as expressly stated in these terms, the Service is provided "as is" and "as available", and we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement, to the extent the law allows. We don't warrant that the Service will be uninterrupted or error-free, or that any analysis will produce a particular business outcome.
10. Limitation of liability
To the extent the law allows, neither party is liable for indirect, incidental, special, consequential or punitive damages, or lost profits or revenue, and each party's total liability arising from these terms is limited to the fees you paid us in the 12 months before the claim (or US $100 if you paid nothing). These limits don't apply to breaches of confidentiality, your payment obligations, or a party's gross negligence or willful misconduct.
11. Indemnity
You'll defend and indemnify us against third-party claims arising from Customer Data you provide or your violation of these terms or the law.
12. Changes
We may update these terms. We'll post changes here and update the date above, and give account holders notice of material changes before they take effect. Continuing to use the Service after that means you accept the updated terms.
13. Governing law
These terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and disputes will be resolved in the state or federal courts located there.
14. Contact
Triacaf LLC
141 Spectacle
Irvine, CA 92618
info@triacaf.com