1. Introduction

These Terms and Conditions (the “Terms”) govern your use of the TruCircle Pro SMS and email marketing services (the “Services”). The Services are provided by TruCircle Pro, with its principal place of business at 2100 Nesconset Highway Stony Brook, NY 11790 (the “Company”). By using the Services, you agree to be bound by these Terms.

2. Eligibility

To use the Services, you must be at least 18 years of age and have the legal capacity to enter into a binding contract. You must also have a valid mobile phone number and/or email address.

3. Opt-In

By providing your mobile phone number and/or email address, you are agreeing to receive SMS messages and emails from TruCircle Pro, including promotional and notification messages. You can opt out of receiving these messages at any time by replying with “STOP” to any SMS message or clicking on the “unsubscribe” link in any email.

4. Message Frequency

The frequency of SMS messages and emails you receive from TruCircle Pro will vary depending on your preferences and the campaigns you are subscribed to. You can manage your preferences at any time by logging into your TruCircle Pro account.

5. Message Content

SMS messages and emails sent by TruCircle Pro will be related to our products and services, as well as other information that we believe may be of interest to you. We will not send you any messages that are unsolicited, offensive, or otherwise inappropriate.

6. Third-Party Services

The Services may use third-party providers to deliver SMS messages and emails. We are not responsible for the actions or omissions of these third-party providers.

7. Data Privacy

Your privacy is important to us. We will not share your personal information with any third parties without your consent. You can read more about our privacy practices in our Privacy Policy.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE OPERATION OR PERFORMANCE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

9. Limitation of Liability

YOU AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or in connection with your use of the Services.

11. Termination

We may terminate your access to the Services at any time without notice. You may terminate your access to the Services at any time by contacting us.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.

13. Entire Agreement

These Terms constitute the entire agreement between you and us with respect to the Services and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

14. Amendments

We may amend these Terms at any time by posting the amended Terms on our website. Your continued use of the Services after the posting of amended Terms will be deemed your acceptance of those Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.

16. Waiver

No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.

17. Notices

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered in person, upon the first business day following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, addressed as follows:

If to us:

TruCircle Pro
2100 Nesconset Highway #1009
Stony Brook, NY 11790

or to such other address as either party may designate in writing from time to time.

18. Counterparts

These Terms may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.