(Effective as of June 23, 2015)
Welcome to the Trustify service (the “Service”). These Terms and Conditions apply when you view, access, or use the Service via our mobile application or website. Trustify can be accessed through our website www.Trustify.info, which can be viewed online through a computer, tablet, or any other mobile device. The Trustify Service can be used by downloading the Trustify mobile application, either through the Apple App Store or through Google Play. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use Trustify and its Service.
ABOUT THE SERVICE
The Trustify Service is a technology platform that enables you to connect with and engage the services of a private investigator for limited-time engagements for your own personal, noncommercial use.
You acknowledge and understand that Trustify is not a private investigation agency and does not perform any private investigation services. Trustify is the platform that enables you to find, communicate with, retain, and pay a third party licensed private investigator. You agree that Trustify is not responsible or liable for any private investigation services provided to you by third party private investigators you engage through the use of the Service, except as expressly stated in these Terms and Conditions.
Trustify does not guarantee the suitability, work quality, or professional ability of third party private investigators. It is your sole responsibility to find out whether the private investigator with whom you are matched will meet your needs and expectations. You acknowledge that you are using this service at your own risk and that the third party private investigator may expose you to situations that are unsafe, offensive, harmful to others, or offensive and objectionable. Trustify does not assume responsibility and has no liability arising from or related to your use of the Service or your engagement of a third party private investigator.
You must be at least 18 years old to register for and use the Service.
Before starting your case, you will have a non-refundable consultation with your investigator for ninety-nine dollars. This cost will be waived if you pre-pay for hours prior to the consultation. After the consultation, the private investigator will begin your case for the approved hours. If you choose to cancel your case at any time, for any reason, we will issue a fifty-percent refund of your unused hours upon request. No refund will be issued if you purchase one of our flat rate packages. There is a one time processing fee for all cases and this fee is always non-refundable. If you need an investigator to start your case immediately, there will be a one-time rush fee charged at the beginning of your case in addition to the hourly fee. The rush fee is one hundred ninety-nine dollars to have an investigator start your case within one business day and two hundred ninety-nine dollars for same business day service. If the case is staffed in the allotted time, the rush fee will be kept. If you cancel the investigation, the rush fee will not be refunded. In the unlikely instance that we are unable to staff your case in the allotted time, we will refund the rush fee upon request. If you put your case on hold, you will have 30 days to resume your case by calling Trustify. If you do not resume your case after 30 days, your unused hours will convert to a credit on file. Credit on file is not eligible for cash refunds and will expire 60 days after issue. If you are unresponsive to both your investigator and Trustify, your case will be put on hold and the above listed policy will apply. If you have unused hours remaining at the completion of your case, you have 30 days to request a refund of the unused hours. If you do not request a refund of these hours after 30 days, they will be converted to a credit on file. Credit on file is not eligible for cash refunds and will expire 60 days after issue. To request a refund, you must contact Customer Service at Trustify. Finally, every case is unique. Your assigned investigator will do everything legally within their means to achieve your desired outcome in the number of hours that you have approved. However, we do not offer any guarantee that the investigator will be able to achieve your desired outcome and we do not offer refunds based on outcomes or results. Additionally, though all of our investigators are licensed and vetted by our team, we cannot guarantee the suitability, work quality, or professional ability of our third party investigators. It is your responsibility to determine if the investigator with whom you are matched will meet your needs and expectations.
USER INFORMATION AND CONTENT
When you register with Trustify and when you engage a PI, you may be asked to provide certain user-generated information (“user information”). This includes basic information required for registering for the service, information you provide when communicating with Trustify customer support, and information you provide to the PI to commence an investigation. You are solely responsible for the user information that you provide, and you agree that we are only acting as a passive conduit for the information you provide to and receive from the PI. We, however, reserve the right to remove any information from the Service at our discretion.
You represent and warrant that: (i) you either are the sole and exclusive owner of all user information or you have all rights, licenses, consents and releases necessary to grant Trustify the license to the user information as set forth above; and (ii) neither the user information nor your submission of such user information nor Trustify’s use of the user information as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any user information that you provide is solely your responsibility.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
use the Service for any unlawful purpose or for the promotion of illegal activities;
use the Service in violation of the Gramm-Leach-Bliley Act (GLBA), Fair Credit Reporting Act (FCRA), Fair and Accurate Credit Transactions Act (FACTA), Drivers Privacy Protection Act (DPPA), Right to Financial Privacy Act (RFPA), and applicable state and federal laws and regulations.
provide or transmit through the Service any information that is abusive, threatening, obscene, pornographic, violent, defamatory, libelous, discriminatory or racially, sexually, religiously, or otherwise objectionable and offensive;
attempt to, or harass, abuse or harm another person or group;
use the service to connect with a PI for the purpose of surveilling a person whom you are not legally allowed to interact with or be near due to a protective order, temporary restraining order, or any other legal reason;
knowingly provide false or inaccurate information;
interfere or attempt to interfere with the proper functioning of the Service;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and request that our users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for users who are found repeatedly to provide protected third party content without necessary rights and permissions through the Trustify service.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification to us pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by contacting us at the following address:
3220 N Street NW #168
Washington, DC 20007
Trustify grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license: (i) for the sole purpose of accessing and using the Trustify Service on your personal device; and (ii) accessing and using any content, information and related materials that may be made available through the Trustify Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Trustify and Trustify’s licensors. Your license to access and use the Trustify service is subject to your compliance with these Terms and Conditions.
The Trustify Service and all rights therein are and shall remain Trustify’s property or the property of Trustify’s licensors. Neither these Terms and Conditions nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the limited license granted above; or (ii) to use or reference in any manner Trustify’s company names, logos, product and service names, trademarks or services marks or those of Trustify’s licensor.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
You agree to receive communications from us in an electronic form via the email address you have submitted or through the application push notifications if you selected this option. You also agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about us and special updates and offers. You may opt out of such email by changing your account settings or sending an email to privacy@Trustify.info.
Opting out may prevent you from receiving messages regarding special offers.
PRIVATE INVESTIGATOR USERS
Private Investigator Users (“the PI”) are independent private investigators who offer to perform the service requested by the users of the application. PIs are not employees or agents, of Trustify and are not otherwise authorized to enter into any agreement on behalf of Trustify or bind or obligate Trustify in any way.
A contractual relationship between the PI and the application user may be formed through the use of the Service. This occurs when a user submits a request for investigation, a PI contacts you, and both you and the PI mutually agree to move forward.
PIs are solely responsible for ensuring that any information they provide and any communication they have with a Service user fully complies with all applicable laws, regulations and rules of professional conduct.
Service users are solely responsible for any information they provide and communication they have with the PI. Service users are responsible for deciding whether to hire a PI.
While there is no cost for downloading the application, a payment is required to engage a third party PI through the Trustify service. When you select and engage a PI, you will be charged a flat fee for the Service that you select at the beginning of the engagement. Trustify will act as a limited payment collection agent and will facilitate your payment using a third party payment processor on behalf of the third party PI. You will be charged using the preferred payment method you selected in your Account. Payment for the Service in such manner is considered the same as payment made directly by you to the private investigator. Charges will be inclusive of applicable taxes where required by law. Payments are final and non-refundable, unless otherwise determined by Trustify.
If Trustify is unable to process your payment for any reason, such as if your credit card has expired, your engagement of the third party PI will be void.
Payments For Private Investigation Services Are Made to the PI
Service Users Contract Directly With PI. By submitting a request for investigation and accepting a PI to work with, Service Users contract directly with the selected PI. Trustify facilitates these contracts by supplying a platform for communication management and payment tools. Trustify does not provide any other services that constitute private investigation or private detective services.
Fees Paid to PIs. Trustify may charge a transaction fee for each job facilitated by Trustify in exchange for the services Trustify provides to its users.
THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USING OF THE SERVICE AND APPLICATION AND ANY FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OR EMPLOYEES, OR OUR LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH US OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
MODIFICATION OF TERMS AND CONDITIONS
We may amend these Terms and Conditions at any time. If you continue to use the Service after we amend our Terms and Conditions, you signify your agreement to our revised Terms and Conditions. However, we will notify you of material changes to the Terms and Conditions by posting a notice on our homepage and/or application and/or by sending an email to the email address you provided to us upon registration.
You agree to indemnify and hold Trustify and its officers, directors, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Trustify Service; (ii) your breach or violation of any of these Terms and Conditions; (iii) Trustify’s use of your user information; (iv) your violation of the rights of any third party, including third party private investigators; or (v) your violation of an of the use and conduct restrictions listed above
DISPUTE RESOLUTION THROUGH ARBITRATION
You agree that any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service will be subject to binding arbitration between you and Trustify, except that each party retains the right to bring an individual action in small claims court and 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 a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. All arbitration procedures are to be administered by the American Arbitration Association (“AAA”) arbitration process and procedures. You acknowledge and agree that you and Trustify are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Trustify otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. his section will survive any termination of these Terms and Conditions.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on our part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with us must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and Conditions and your use of the Service are governed by the laws of the District of Columbia without regard to conflict of law provisions.
Trustify welcomes your questions or comments regarding these Terms and Conditions:
Last modified January 23, 2017