Terms of Use

1. Use of Our Service

1.1 Eligibility.

This is a contract between you and Trutee. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with Trutee, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any End Users previously removed from the Service by Trutee.

1.2 Trutee Service.

Subject to these Terms, you are hereby granted a non-transferable, non-exclusive, revocable, limited right to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Trutee reserves all rights not expressly granted herein in the Service and the Trutee Content (as defined below). Trutee may terminate this right to use the Service at any time in its sole discretion.

1.3 Description of Service.

Trutee Golf is a golf course management and tee sheet software platform that provides real-time tee time booking, point-of-sale integration, and golf operations management. The Service allows golfers to search for, book, and manage tee times at participating golf courses, receive notifications about tee time availability, and process payments. The Service also allows golf course operators to manage their operations, bookings, and customer relationships.

2. Accounts

2.1 Account Creation.

Your Trutee account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of End Users. You may never use another End User's account without permission. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Trutee immediately of any breach of security or unauthorized use of your account. Trutee will not be liable for any losses caused by any unauthorized use of your account.

2.2 Account Data.

Trutee owns the rights to the data you provide when creating your account to the extent necessary to operate and improve the Service. By providing Trutee your email address and phone number you consent to our using the email address and phone number to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address and phone number to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages or text messages, you may opt out or change your preferences in your account settings. Opting out may prevent you from receiving email and text messages regarding updates, improvements, or offers.

2.3 Account Termination.

You may delete your account at any time, for any reason, by following the instructions on the Service or by contacting us at support@trutee.app. Trutee may suspend or terminate your account in accordance with Section 9 of these Terms.

3. Bookings and Payments

When you book a tee time through the Service, you agree to the pricing, cancellation policies, and any other terms set by the participating golf course. Payments are processed securely through our third-party payment processor, Stripe. By making a payment, you agree to Stripe's terms of service in addition to these Terms. Cancellation and refund policies vary by golf course. Please review the specific cancellation policy for each booking before confirming your reservation. All fees paid are non-refundable except as otherwise stated in the applicable golf course's cancellation policy.

4. Restrictions and Acceptable Use

4.1 Restrictions.

You may only use the Service for the purposes set forth herein and in accordance with these Terms. Any purpose or use not specifically authorized herein is strictly prohibited. End Users may not at any time, directly or indirectly:

(a) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, copy, provide, disclose, or otherwise make available the Service to any person, firm, entity or third party;

(b) modify, alter, adapt, or otherwise change the Service in any manner, or decompile, disassemble, decode, reverse translate, reverse engineer or otherwise attempt to derive, discover, directly access or gain access to the source code of the Service or any component or portion thereof;

(c) bypass or breach any security protection used for or contained in the Service;

(d) use the Service to develop, use or provide a competitive software product or service, or any other purpose that is to Trutee's detriment or commercial disadvantage;

(e) create derivative works of the Service, in whole or in part;

(f) use the Service in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rights or other right of any person, or that violates any applicable law;

(g) remove any proprietary notices included within the Service;

(h) disclose, release, distribute, deliver, or otherwise make available the data belonging to other End Users;

(i) publish, enhance, or display any compilation or directory based upon information derived from any End User, or any portion thereof; or

(j) access the Service in order to build a similar or competitive website, product, or service.

USE OF THE SERVICE IS PERSONAL TO YOU, THE END USER, AND YOU ARE EXPRESSLY PROHIBITED FROM PERMITTING ANY OTHER PERSON OR ENTITY ACCESS TO OR USE OF THE SERVICE THROUGH YOUR ACCOUNT.

4.2 Service Rules.

You agree not to engage in any of the following prohibited activities while using the Service:

(a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";

(b) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Trutee servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Trutee grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Trutee website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file);

(c) accessing, interacting with, reverse engineering, or exploiting any application programming interfaces (APIs), endpoints, webhooks, or backend services of the Service, whether through automated tools, manual requests, or any other means, without the prior written authorization of Trutee;

(d) transmitting spam, chain letters, or other unsolicited communications;

(e) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;

(f) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;

(g) uploading invalid data, viruses, worms, or other software agents through the Service;

(h) collecting or harvesting any personally identifiable information, including account names, from the Service;

(i) using the Service for any commercial solicitation purposes without our prior written consent;

(j) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;

(k) interfering with the proper working of the Service;

(l) accessing any content on the Service through any technology or means other than those provided or authorized by the Service;

(m) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or

(n) booking tee times with no intention of playing or for the purpose of reselling.

You are solely responsible for your interactions with other Trutee End Users. We reserve the right, but have no obligation, to monitor disputes between you and other End Users. Trutee shall have no liability for your interactions with other End Users, or for any End User's action or inaction.

5. Unauthorized Use and Revenue Recovery

5.1 Prohibited Activities.

Without limiting the generality of Section 4, the following activities are strictly prohibited without the prior written authorization of Trutee: (a) accessing, scraping, crawling, or data-mining the Service, its APIs, endpoints, or backend services through any automated or manual means; (b) reproducing, redistributing, or reselling any data, content, listings, tee time information, pricing, availability, or other information obtained from the Service; (c) building or operating any third-party product, service, application, or website that relies on data or functionality obtained from the Service; and (d) using the Service to facilitate transactions, bookings, or services outside of the Trutee platform.

5.2 Revenue Recovery.

In the event that any person or entity engages in unauthorized use of the Service, its APIs, endpoints, data, or content in violation of these Terms and derives revenue, income, or other financial benefit from such unauthorized use, Trutee shall be entitled to recover from such person or entity an amount equal to the greater of: (a) all revenue, income, and financial benefits derived from the unauthorized use; or (b) the reasonable licensing fee that would have been charged for such use had proper authorization been obtained, plus all costs and attorneys' fees incurred by Trutee in enforcing this provision. This remedy is in addition to, and not in lieu of, any other remedies available to Trutee at law or in equity, including injunctive relief and statutory damages.

5.3 Monitoring and Enforcement.

Trutee reserves the right to monitor use of the Service, including API and endpoint access, to detect unauthorized use. Trutee may, in its sole discretion, take any action it deems appropriate to prevent, investigate, or remedy unauthorized use, including but not limited to: blocking IP addresses, terminating accounts, pursuing legal action, and seeking injunctive relief.

6. User Content

Any and all photographs, articles, images, graphics, videos, sounds, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you submit or post on or through the Service (collectively "User Content") shall be deemed nonconfidential and nonproprietary. Trutee shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. Trutee retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Service, you represent and warrant that (i) you own or control any and all rights in and to the User Content; (ii) you are 18 years of age or older; and (iii) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, or (d) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Trutee and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

By submitting User Content, you grant Trutee an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Service and improving, operating, or promoting the Service. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content.

7. Our Proprietary Rights

7.1 Ownership.

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and user data, including but not limited to our trademarks "TRUTEE" and "TRUTEE GOLF" and other variations thereof (the "Trutee Content"), and all intellectual property rights related thereto, are the exclusive property of Trutee and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Trutee Content. Use of the Trutee Content for any purpose not expressly permitted by these Terms is strictly prohibited.

7.2 No Transfer of Rights.

These Terms do not constitute a sale and do not convey to you or any third party any right of ownership in or to the Service, Trutee Content, or any of the intellectual property rights therein. All rights not specifically granted under these Terms are expressly reserved to Trutee. There are no implied licenses granted under these Terms.

7.3 Feedback.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Trutee under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Trutee does not waive any rights to use similar or related ideas previously known to Trutee, or developed by its employees, or obtained from sources other than you.

8. SMS/Text Messaging Program

Trutee Golf offers an optional SMS text messaging program ("Trutee Golf Waitlists") that sends notifications to subscribed users when tee times become available at golf courses they have selected.

8.1 Program Description.

When you opt in to Trutee Golf Waitlists, you will receive SMS text messages notifying you of tee time availability at your selected golf courses. Messages may include course names, dates, and links to book tee times on the Trutee Golf platform.

8.2 Opt-In.

You may opt in to SMS alerts through your account profile settings on the Trutee Golf website (trutee.app) or mobile app. Opting in requires you to provide your mobile phone number and actively check an unchecked consent checkbox. By opting in, you expressly consent to receive recurring automated SMS text messages from Trutee Golf at the phone number you provide.

8.3 Message Frequency.

Message frequency varies based on tee time availability and your notification preferences.

8.4 Message and Data Rates.

Message and data rates may apply. Please consult your mobile carrier's pricing plan for details. Trutee Golf is not responsible for any charges incurred from your mobile carrier.

8.5 Opt-Out Instructions.

You may opt out of SMS messages at any time by replying STOP to any message you receive from us. After opting out, you will receive a one-time confirmation message and will no longer receive SMS messages from Trutee Golf. You may also disable SMS notifications in your account settings on the Service.

8.6 Help.

For help with our SMS program, reply HELP to any message you receive from us, or contact us at support@trutee.app.

8.7 Mobile Information Privacy.

Your mobile phone number and any information collected through the SMS program will not be shared with third parties or affiliates for marketing or promotional purposes. Your mobile information will only be used to send you the SMS alerts you have opted in to receive and for related operational communications. For more details, see our Privacy Policy.

8.8 Supported Carriers.

The SMS program is supported on major U.S. mobile carriers. Carriers are not liable for delayed or undelivered messages.

9. Termination

In the event of the termination of these Terms for any reason: (a) the rights granted to you in these Terms will terminate; and (b) you must immediately cease all use of the Service. We may suspend or terminate your rights to use the Service (including your account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your account and right to access and use the Service will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our databases. Trutee will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 4 through 8, and Sections 10 through 14.

10. Privacy

We care about the privacy of our End Users. You understand that by using the Service you consent to the collection, use, and under limited circumstances the disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy. Your personally identifiable information shall only be collected, used, transferred to and processed in accordance with all applicable law, including but not limited to the California Consumer Privacy Act (CCPA), and/or any other similar privacy laws, and we will enter into any other agreements regarding data transfer or protection that may be required in furtherance of compliance with any such privacy laws.

11. Security

Trutee cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk. Trutee may deny an individual access to and/or use of the Service if we, in our sole and absolute discretion, believe that a person's use of the Service would violate any provision of these Terms, regardless of whether such person is an End User.

12. Third-Party Links and Information

The Service may contain links to third-party materials that are not owned or controlled by Trutee. Trutee does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Trutee's Privacy Policy do not apply to your use of such sites. You expressly relieve Trutee from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, if any exist, are solely between you and such advertisers. You agree that Trutee shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

13. Indemnity

You agree to defend, indemnify and hold harmless Trutee and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Service with your unique username, password or other appropriate security code.

14. Disclaimer of Warranties

EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, TRUTEE DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ANY WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE, AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. END USER AGREES THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED OTHER THAN THOSE SET FORTH HEREIN.

No advice or information, whether oral or written, obtained by you from Trutee or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Trutee, its subsidiaries, its affiliates, licensees and licensors do not warrant that the content is accurate, reliable or correct; that the Service will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.

Trutee does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Trutee will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRUTEE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSEES OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. UNDER NO CIRCUMSTANCES WILL TRUTEE BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRUTEE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (vii) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL TRUTEE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSEES OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE HUNDRED DOLLARS (U.S. $100.00).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TRUTEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

16. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

16.1 Governing Law.

All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule.

You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Utah for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Washington County, Utah is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

16.2 Dispute Resolution and Arbitration.

Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Trutee. For any dispute with Trutee, you agree to first contact us at connor@trutee.app and attempt to resolve the dispute with us informally. In the unlikely event that Trutee has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Washington County, Utah unless you and Trutee agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Trutee from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

16.3 Class Action/Jury Trial Waiver.

WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

16.4 30-Day Right to Opt Out.

You have the right to opt out of the provisions of this arbitration agreement by sending a timely written notice of your decision to opt out to the following address: 945 E 4155 S, Washington, Utah 84780, or email to connor@trutee.app, within 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address and a clear statement that you want to opt out of this arbitration agreement. If you opt out, all other parts of these Terms will continue to apply to you.

17. General

17.1 Assignment.

These Terms, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Trutee without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

17.2 Changes to these Terms.

Trutee may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, as determined by Trutee in our sole discretion. Trutee reserves the right to determine the form and means of providing notifications to our End Users, provided that you may opt out of certain means of notification as described in these Terms. We will notify you of any changes to these Terms. Your continued use of the Service after being notified of any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service.

17.3 Entire Agreement/Severability.

These Terms, together with the Privacy Policy and any additional agreements you may enter into with Trutee in connection with the Service, shall constitute the entire agreement between you and Trutee concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

17.4 No Waiver.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Trutee's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17.5 Export Controls.

The software supporting the Service may be subject to U.S. Export Control Laws and Regulations and other applicable export laws and regulations. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Trutee, or any products utilizing such data, in violation of the United States export laws or regulations.

17.6 Electronic Communications.

The communications between you and Trutee use electronic means, whether you use the Service or send us emails, or whether Trutee posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Trutee in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Trutee provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

17.7 Copyright/Trademark Information.

Copyright © 2026 Trutee, Inc. All rights reserved. All trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

17.8 Contact Information.