Terms & Conditions
Trinity Mobile Application Technologies Inc.
Date of Last Revision: May 11th 2015
These Terms of Service (“TOS”) and End User License constitute an agreement between Trinity Mobile Application Technologies Inc. its subsidiaries, affiliates, agents, and/or licensors (“Trinity”, “we”, “us”, “our”), and the end-user customer (“Customer”, “you” or “user”) for Trinity’s services.
End User License Agreement
This license for the use of our Application is non-transferable and limited to any cell phone or device that you own or control. You may not distribute this application such that it could be used by multiple devices at the same time. You may not lease, sell, rent, lend, redistribute or sublicense this Application. You may not decompile, copy, disassemble, reverse engineer or attempt to derive the source code of the Application, any updates or any part thereof (except as prohibited by applicable law or as permitted by the licensing terms governing any open source components). Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Trinity Services.
Any breach of this restriction is a violation of our rights and may be subject to prosecution and damages.
1. 911 CALLING IS NOT AVAILABLE
Our service / software acts as a graphical user interface (GUI) on your cell phone that allows you to control calls but does not allow Emergency or 911 calls.
You also understand and agree that our service is not a replacement for your traditional telephone service. You agree that for 911 or other emergency use, you will maintain a separate wireline or wireless telephone service that will enable you to call 911.
Furthermore you also agree that Trinity and any of its employees, directors, officers, subsidiaries and assigns will not be held liable for any damages, claims or loss (including, without limitation, attorney’s fee) by or on behalf of you or any third-party user due to any attempt to use 911 with Trinity’s service.
2. NO WARRANTY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES, THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND ‘AS AVAILABLE’ BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF OUR SERVICES. TRINITY DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. TRINITY PROVIDES THESE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THEM AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT TRINITY WILL HAVE ADEQUATE CAPACITY FOR SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
TRINITY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES ARE APPROPRIATE FOR HIGH-RISK OR OTHER ACTIVITIES WHERE FAILURE OF THE SERVICE COULD RESULT IN SERIOUS HARM TO PERSONS OR PROPERTY.
TRINITY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR USE OF ITS PHONE SERVICES BY ANY ENTITY COVERED BY THE HEALTHCARE INFORMATION LAW, TO TRANSMIT, RECEIVE, OR STORE PHI (PERSONAL HEALTH INFORMATION).
ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS, FAX TRANSMISSIONS AND OTHER MODES OF COMMUNICATIONS ARE SECURE, TRINITY MAKES NO GUARANTEES OF SECURITY.
TRINITY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TRINITY OR ITS AFFILIATES ARISING OUT OF OR RELATING TO OUR SERVICES AND/OR PRODUCTS IS TO STOP USING THEM AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT TRINITY, AND ITS AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON TRINITY SERVICES OR USE OF TRINITY SOFTWARE. IN NO CASE SHALL TRINITY OR ITS LICENSORS', LICENSEES', AFFILIATES', EMPLOYEES', OFFICERS', OR DIRECTORS' (COLLECTIVELY, "TRINITY AFFILIATES") LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO TRINITY FOR THEIR SERVICES. IN NO CASE SHALL TRINITY, ITS LICENSORS OR AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TRINITY SERVICES.
WHILE TRINITY USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, TRINITY AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY TRINITY SERVICE, CONTENT, SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.
WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE LICENSED APPLICATION AND SERVICES OR THAT THE LICENSED APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TRINITY DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH TRINITY AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TRINITY’S, TRINITY'S LICENSORS' AND TRINITY AFFILIATES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. TO THE EXTENT THAT TRINITY CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
3. Consent to Use of Data
Trinity reserves the right to access and/or record any activity on Trinity Services and you give Trinity your express consent to access and record your activities.
The license is effective until terminated by You or us. We will terminate your rights under this license without notice if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
If you have more than one (1) Account, Trinity may terminate all of your Accounts and all related Entitlements. In response to a violation of these Terms of Service or any other agreement applicable to Trinity Services accessed by you, Trinity may issue you a warning, suspend your Account, selectively remove, revoke or garnish Entitlements at an Account and/or device level, immediately terminate any and all Accounts that you have established and/or temporarily or permanently ban your device and/or machine from accessing all or certain Trinity Services. You acknowledge that in such an instance Trinity is not required to provide you notice before taking action to suspend or terminate your Account, temporarily or permanently banning your device from some or all Trinity Services or selectively removing, revoking or garnishing Entitlements associated with your Account. If Trinity terminates your Account, you may not participate in any Trinity Service again without Trinity’s express permission. Trinity reserves the right to refuse to keep Accounts for, and provide services to any individual.
Trinity reserves the right to terminate your Account and to prevent your use of any and all Services if your Account is used to engage in illegal activity or to violate this Terms of Service.
If your Account, or a particular subscription for a Trinity service associated with your Account, is terminated, suspended and/or if any Entitlements are selectively removed, revoked or garnished from your Account and/or if your device is temporarily or permanently banned from accessing some or all Trinity Services, no refund will be granted, no Entitlements will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Entitlements associated with your Account or Trinity Service. If you believe that any action has been taken against your Account or device in error, please contact Customer Support.
You have the right to cancel your Account at any time, subject to any long term pricing arrangements you may have made with Trinity (i.e. special pricing offer, Annual Plan pricing). If you do not agree to the terms in this Terms of Service, your sole remedy is to not use our Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with Trinity, including any dispute related to, or arising out of: (1) any term of this Terms of Service or Trinity’s enforcement or application of this Terms of Service; (2) the Content and Entitlements available through our Services or any change in Content or Entitlements provided through us; (3) your ability to access and/or use Trinity Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for Trinity Services and/or any Content or Entitlements thereon.
Generally. You understand and agree that Trinity may at any time, and without additional
notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or
all of the features of the Application or Services if:
• Trinity determines that You have materially breached this Agreement.
• Trinity determines that You have created or caused to be created multiple free
• Trinity determines that You have used a fraudulent credit card or another fraudulent payment method to pay for Service charges on Your Account.
• Trinity determines that You have verbally insulted, abused, or harassed any of its
employees, contractors, agents, or other representatives.
• You have failed to respond to Trinity’s calls or email attempts to contact You about
• Trinity determines that You did not or will not reasonably comply or cooperate with
any applicable law or regulation.
• Trinity is ordered by law enforcement or other government agencies to suspend or
terminate Service to Your Account.
• You bring any legal action or proceeding, including without limitation in any court,
regulatory, or administrative body, arbitral body, or mediator, against Trinity, or
participate in any class action lawsuit against Trinity.
• You make any disparaging statement (whether written, oral, electronic, or otherwise)
against Trinity, its Services, or its employees, contractors, agents, investors,
affiliates, or other representatives.
• Trinity determines that such action is necessary to protect, maintain, or improve the
Services; to prevent fraud or misrepresentation by affirmative acts and/or omissions; to
protect Trinity, its customers, or other third parties affiliated with Trinity; or for
any other good cause.
Upon any termination or suspension of Your Account, Trinity may immediately deactivate
or delete Your Account and all related information and files in Your Account and/or restrict any
further access to such files, information, or the Applications or Services.
Trinity shall not be liable to You or any third party for any reason for terminating or
suspending Your use or access to the Applications or Services.
Upon termination of your Account for any reason, all unused Plan Credits shall expire in their entirety and no refund or proration shall be made of any unused Plan Credits or of any remaining periods/months on any pre-paid Service plan except where prohibited by law.
5. Paid Services
Some Trinity Services require payment of a fee. You must have an Account and pay the subscription or other fees to use our services.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART.
Trinity reserves the right to change our fees or billing methods at any time. If you pay a periodic (e.g. monthly) subscription for a Trinity Service, Trinity will provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the Trinity Service. You are responsible for reviewing the Trinity Service to obtain timely notice of such changes.
YOUR CONTINUED USE OF TRINITY SERVICES THIRTY (30) DAYS OR MORE AFTER POSTING OF THE CHANGES MEANS THAT YOU ACCEPT SUCH CHANGES.
If any change is unacceptable to you, you may cancel your subscription at any time, but Trinity will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of Trinity Services is subject to use or sales tax, then Trinity may also charge you for any such taxes, in addition to the subscription or other fees.
Payment: You may pay fees using the methods available for the particular Trinity Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Trinity Service. When you provide credit card or other payment information to Trinity, you represent to Trinity that you are the authorized user of the credit card or other payment method. By agreeing to this Terms of Service, you have agreed to permit Trinity to automatically renew your subscription to the Trinity Service by charging a valid credit card number which you have provided. Your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than Trinity’s then-current price, excluding any promotional and discount pricing, unless you cancel your subscription. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify Trinity if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service
You are also responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Trinity Services.
Trial Subscriptions: For some services, Trinity may offer a free trial subscription. If you accept a free trial subscription, Trinity will begin to bill your Account for that Service when the free trial subscription expires, unless you cancel your subscription before that time. You are always responsible for any internet service provider, telephone, wireless and other connection fees that you may incur when using Trinity Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.
Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to Trinity. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
6. Service, Pricing, and Availability
Trinity attempts to provide an accurate description of its offerings, services, pricing and products. Nevertheless, Trinity does not warrant that information or other content of its website or cell phone application is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or causes that a service or product offered may be mispriced, described inaccurately, or unavailable. Except where prohibited by law, in the event that a service or product is or is determined by Trinity to be mispriced or described inaccurately, Trinity reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify Trinity immediately if you become aware of any pricing or descriptive errors or inconsistencies with any services or products you order and comply with any corrective action taken by Trinity.
7. Recording Conversations
Certain features offered by Trinity allow the user to record individual telephone conversations. Laws regarding the notice, consent, and notification requirements of such recorded conversations vary by jurisdiction (state/province). You are solely responsible for complying with all local, state, and federal laws relevant in the jurisdiction you are calling when using the record conversation feature. You hereby release and agree to hold harmless Trinity from and against all damages or liabilities of any kind related to the recording of any telephone conversations while using our services. Trinity expressly disclaims all liability with respect to your recording of telephone conversations. You hereby agree to fully, finally and forever release, discharge, hold harmless and fully indemnify Trinity from and against and damages or liabilities of any kind, related to Your recording of any telephone conversation using the Trinity service.
8. Cellular Charges
Trinity’s Service includes the ability to place telephone calls via your cellular network at the user’s choice. You agree and understand that by using Trinity’s Service that you will be billed by your cellular provider for calls placed over a cellular connection. Trinity is not responsible or liable for any charges incurred or minutes used for calls place using a cellular connection. You agree not to hold Trinity liable for any cellular charges, fees, or taxes incurred with your cellular provider.
You agree not to hold Trinity liable for any Long Distance or International cellular charges, fees, or taxes incurred with your cellular provider. When traveling outside of the United States or Canada, forwarding should be set to go directly to your voicemail. If you do not enable forwarding to voicemail, calls will be forwarded automatically from your Trinity account to your cellular phone.
9. Limitation of Liability
IN NO EVENT SHALL TRINITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR
SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OF ANY KIND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT
(INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF
LIABILITY, EVEN IF TRINITY HAS BEEN INFORMED IN ADVANCE OF SUCH
DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY
TRINITY. TRINITY'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES,
REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN
THEIR ENTIRETY TO THE MONTHLY FEES TRINITY CHARGED YOU DURING THE
ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO
THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS
THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN
THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME
JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF
THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Your license to the Applications and Services is provided for a term specified in Your Services
contract (the "Term"). The initial Term begins on the date that you sign up for the Services (the
"Date of Purchase").
The Term for all Service plans will renew automatically for successive Terms of the same length
without further action by or notice to You, unless You notify Trinity customer service of
non-renewal at least thirty (30) days before the end of the then current Term, unless otherwise
provided in Your Services contract.
To the maximum extent permitted by applicable law, You shall indemnify and hold harmless,
individually and collectively, Trinity, its affiliates, and their respective agents, resellers, and
other providers who furnish goods and services to You in connection with the Services, and
their respective officers, directors, managers, employees, and shareholders (the "Indemnified
Parties") from and against any and all liabilities, claims, losses (including loss of profits, revenue
and goodwill), damages, fines, penalties, injuries to persons or property, costs, and expenses
(including reasonable attorneys' fees and dispute resolution expenses) arising from or related to
(1) the use of or reliance upon the Applications or Services by You or any third party acting
upon Your permission, knowledge, authority or direction, (2) a breach of this Agreement by You,
(3) any negligent acts, omissions to act or willful misconduct by You or any third party acting
with Your permission, knowledge, authority or direction, (4) the inability to use the Applications
or Services or failure or outage of the Applications or Services for any reason, including but not
limited to those related to calling, "911" or other emergency responders, (5) the use of the
Applications or Services in connection with a violation of any applicable law, code, regulation, or
ordnance, and/or (6) the misappropriation, breach, violation, or infringement of any right, title or
interest of any third party, including but not limited to, contractual rights, intellectual property
rights (including patent, trademark, copyright, and trade secret rights), rights of privacy, and
rights of publicity and personality.
12. Number Porting and Availability
Trinity will use reasonable efforts to facilitate number transfers or port requests for You,
provided that You comply with the necessary and specific procedures for porting between
You acknowledge and understand that number porting depends on the cooperation of third
parties outside of Trinity’s control. Accordingly, You agree that Trinity will not be
liable for the failure or delay of any third party to cooperate in the porting of any telephone
number, or for the allegedly unauthorized porting of any telephone number by a third party.
Trinity works with third party carrier(s) who, on Trinity’s behalf, port telephone
numbers in accordance with applicable Regulatory Rules and Industry Guidelines. Trinity’s third-party carrier(s) require very specific and detailed information and requirements when
completing a port request. Please be informed that You will be required to provide such detailed
and specific information to complete a port request. For porting numbers into Your Trinity Account, follow the procedures on Your Account settings page for transferring a number to Your
For porting numbers out of Your Trinity Account, follow the procedures of Your new service provider. You understand that porting Your number out of Your Account does not automatically terminate Your Trinity Account.
Trinity cannot guarantee requested telephone numbers will be available, that Your existing
provider will port Your number, or that circumstances beyond Trinity's control will not
prevent or delay a successful port of Your number for the Services. You should not order any
printed material, such as business cards or stationery, showing a telephone number, or issue
any press releases or otherwise advertise or publicize any telephone number until that
telephone number becomes active on Your Account and You have personally confirmed that it
works properly. Trinity shall not be liable for reimbursement for advertising, press releases, business cards, stationery, or other materials under any conditions.
You understand and agree that Trinity may from time to time need to change the
telephone or facsimile number assigned to You (due to an area code split or for any other
reason). Trinity shall not be liable for any damages (including consequential, special
damages or other damages) to You in the event that it needs to assign You a new telephone or
The laws of the Province of Ontario, govern this license and your use of the Licensed Application. You expressly agree that the courts in the Province of Ontario have exclusive jurisdiction over any claim or dispute with Trinity or relating in any way to your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Trinity Services.
You agree to submit to the exclusive jurisdiction of the Courts in Ontario, with respect to any Disputes and agree not to bring any Disputes in any other court or adjudicative body.
In the event of any litigation (including arbitration) between You and Trinity, the nonprevailing party shall reimburse the prevailing party for all reasonable and documented attorneys' fees, costs, and expenses relating to the Dispute.
Notwithstanding the adjudication requirement above, for any Disputes involving ten thousand dollars ($10,000) or less, either party may choose to resolve such Dispute through binding, nonappearance-
based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution provider mutually agreed upon by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision shall be final and legally binding.