Effective: May 21, 2026. Please read these terms carefully before using our Services.
These Terms of Service govern access to and use of Trillet's websites, hosted platform, AI voice-agent services, messaging services, application programming interfaces, integrations, templates, white-label tools, implementation services, support services, and related services.
These Terms are intended to apply across Trillet's main commercial motions, including self-service subscriptions, agency and white-label accounts, managed enterprise deployments, custom implementation work, professional services, API-based workflows, inbound call handling, outbound calling, messaging, and signed statements of work.
Please read these Terms carefully. By accessing or using the Services, creating an account, subscribing to a plan, using a free trial, connecting a payment method, signing an Order Form or SOW that incorporates these Terms, or otherwise receiving Services from Trillet, you agree to be bound by these Terms.
If you use the Services on behalf of a company, agency, franchise, client, or other organization, you represent that you have authority to bind that organization. If you do not agree to these Terms, do not use the Services.
"Trillet," "we," "us," or "our" means Zerodue AI Pty Ltd (ABN 62 681 053 789; ACN 681 053 789), an Australian private company trading as Trillet AI, unless an applicable Order Form, SOW, invoice, or signed agreement identifies a different Trillet contracting entity.
Our business mailing address is:
Zerodue AI Pty Ltd trading as Trillet AI
The Commons Cremorne
10-20 Gwynne St
Cremorne VIC 3121
Australia
These Terms apply to all use of the Services unless a signed written agreement expressly states otherwise.
These Terms are designed to cover:
Marketing pages, calculators, demos, case studies, examples, performance claims, roadmap statements, and sales materials are informational only and are not binding commitments unless expressly included in an Order Form, SOW, or signed agreement.
If these Terms conflict with an Order Form or SOW signed or accepted by both parties, the Order Form or SOW controls only for the specific commercial terms, scope, payment schedule, deliverables, acceptance criteria, support commitments, service levels, security commitments, or special terms stated in that document.
These Terms control all other matters, including platform use, telecommunications compliance, End User consent, data responsibilities, AI limitations, intellectual property, confidentiality, disclaimers, liability, suspension, termination, and general legal terms, unless a signed agreement expressly overrides the relevant section.
Where a Regulated Customer Addendum, Data Processing Agreement, Business Associate Agreement, Standard Contractual Clauses, security addendum, service-level agreement, or other compliance addendum is executed between the parties, the precedence rule in that addendum controls for the subject matter it covers.
You must be at least 18 years old to use the Services.
If you use the Services on behalf of an organization, you represent that you have authority to bind that organization and to provide any Customer Data, instructions, scripts, credentials, routing rules, phone numbers, rosters, knowledge-base materials, and other inputs submitted to or used with the Services.
Self-service signup is not currently available for processing of personal data subject to the General Data Protection Regulation (Regulation (EU) 2016/679), the UK GDPR, or Swiss data protection law. Customers located in the European Economic Area, the United Kingdom, or Switzerland, and Customers in any jurisdiction who intend to process personal data of individuals located in those regions, should contact Trillet sales at support@trillet.ai to execute the applicable Data Processing Agreement and transfer mechanism before processing covered personal data.
You are responsible for:
You may not share accounts, API keys, or credentials in a way that circumvents plan limits, seat requirements, usage limits, security controls, or access restrictions.
Subject to your compliance with these Terms and payment of applicable fees, Trillet grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Services during the applicable subscription, trial, or service term.
Your access is subject to the plan, usage limits, features, account type, and scope stated in the applicable Order Form, checkout page, SOW, or Documentation.
Trillet may offer free trials, beta access, promotional credits, test environments, or limited access at its discretion. Trillet may modify, suspend, or end these offerings at any time unless an Order Form states otherwise.
You may not use a free trial, refund guarantee, promotion, or test environment to abuse the Services, avoid fees, repeatedly create trial accounts, scrape the platform, benchmark the Services, build a competing product, or conduct production workloads without authorization.
You may use the Services only for lawful business purposes and in accordance with these Terms, applicable laws, Documentation, usage limits, and applicable Order Forms.
You may not use the Services to:
Trillet may suspend or restrict any workflow, campaign, number, message, integration, Account, or sub-account if Trillet reasonably believes it violates these Terms, applicable law, carrier rules, provider rules, or creates legal, security, operational, reputational, or compliance risk.
If you use the Services for voice calls, automated calls, outbound calls, inbound call handling, telemarketing, lead follow-up, SMS, MMS, WhatsApp, Facebook Messenger, email, reminders, notifications, or similar communications, you are solely responsible for ensuring that your use complies with all applicable laws and rules.
This includes, where applicable:
No outbound campaign may launch through the Services until Customer has acknowledged, through Trillet's outbound activation flow, written campaign instructions, or other agreed approval mechanism, the following:
If a campaign involves payment reminders, debt collection, default servicing, collection follow-up, healthcare communications, legal intake, financial-services communications, or similar regulated activity, Customer must identify that use case before launch and provide approved compliance instructions.
Trillet may suspend or refuse to launch an outbound campaign for which Customer has not completed the approval flow, or where Trillet reasonably believes the approval is incomplete, inaccurate, or inconsistent with the risk profile of the use case.
Trillet may provide tools such as Do Not Call filtering, number masking, opt-out handling, consent fields, campaign controls, AI disclosure prompts, or other compliance-support features. These tools are not legal advice and do not guarantee compliance. You remain responsible for determining and satisfying your legal obligations.
You may not use the Services to call or message emergency numbers, premium-rate numbers, numbers for which you lack authorization, recipients who have opted out, numbers on applicable suppression lists, or recipients in jurisdictions where your communication is not lawful.
High-volume outbound campaigns, regulated campaigns, debt-collection campaigns, healthcare campaigns, financial-services campaigns, political campaigns, or other sensitive use cases may require additional review, configuration, carrier registration, written approval, or a separate agreement.
Trillet may send you administrative, transactional, account, security, billing, product, support, and service-related communications by email, in-product notice, SMS, or other reasonable means.
If you opt into promotional SMS or marketing communications from Trillet, message frequency may vary, message and data rates may apply, and you may opt out by following the instructions in the message, such as replying STOP where supported.
This section applies only to communications from Trillet to you. It does not provide consent for Customer's communications to End Users. Customer is solely responsible for obtaining and maintaining all required End User consents for Customer's own calls, texts, messages, campaigns, recordings, and workflows.
Mobile opt-in data and text-messaging consent data will be handled as described in Trillet's Privacy Policy and will not be shared with third parties for their independent marketing purposes.
The Services may record calls, transcribe calls, summarize calls, analyze calls, classify calls, store call metadata, generate call notes, or process messaging interactions.
You are solely responsible for:
Unless an Order Form, account setting, privacy addendum, or data-processing agreement states otherwise, Trillet may process call recordings, transcripts, summaries, metadata, and related data to provide, secure, support, troubleshoot, maintain, and operate the Services for the Customer. Trillet may use aggregated, anonymized, or de-identified data to improve the Services, provided it does not identify Customer, Customer's clients, or any individual.
The Services use AI systems that may generate responses, summaries, classifications, recommendations, routing decisions, tool calls, workflow actions, and other AI Output.
You acknowledge that AI Output may be inaccurate, incomplete, delayed, inappropriate, unexpected, non-compliant, or unsuitable for a particular purpose.
You are responsible for:
Trillet does not guarantee that AI Output will be accurate, complete, uninterrupted, legally compliant, or suitable for any specific business outcome.
The Services do not provide legal, medical, financial, tax, insurance, debt-collection, employment, safety, or other licensed professional advice. Any such workflows must be configured, supervised, and approved by qualified personnel where required.
Where the Services constitute an AI system under applicable AI-specific regulation, including the European Union Artificial Intelligence Act, Trillet may have provider obligations independent of Customer's deployer obligations. Trillet will meet such obligations as applicable, including transparency obligations under Article 50 of the EU AI Act where the Services are deployed to interact with end users.
Unless a signed agreement expressly states otherwise, the Services are not designed, certified, or approved for emergency-response, life-safety, medical-emergency, fire, police, rescue, disaster-response, or dispatch functions.
The Services may be configured to identify urgent situations, route calls, send alerts, create summaries, or escalate conversations according to approved workflows, but Trillet does not guarantee response, dispatch, mitigation, restoration, rescue, customer retention, service fulfillment, or any specific outcome.
You remain responsible for staffing, availability, service decisions, emergency procedures, escalation coverage, dispatch, customer fulfillment, and human response.
You must maintain appropriate human oversight, alternative communication channels, escalation procedures, and fallback paths for urgent or safety-sensitive workflows.
The Services may read from, write to, update, or trigger actions in Customer Systems, including CRMs, calendars, ticketing systems, payment systems, identity systems, phone systems, messaging systems, databases, and other tools.
You are responsible for:
Trillet is not responsible for errors, failed actions, duplicate actions, incorrect records, data loss, unauthorized access, failed transfers, missed bookings, payment issues, or other outcomes caused by Customer System configuration, Customer-provided credentials, third-party outages, incorrect permissions, stale data, or approved automation behavior.
For payment workflows, you must use approved payment processors and must not cause payment-card data to be spoken, stored, transcribed, logged, or processed through the Services unless expressly authorized in a signed agreement with appropriate controls.
For identity or authentication workflows, you are responsible for approving the authentication method, determining whether the caller or user is authorized, and deciding which actions require step-up verification.
You are responsible for providing timely, accurate, complete, and authorized inputs required for the Services, including scripts, business rules, service areas, prices, compliance requirements, customer data, knowledge-base materials, credentials, phone numbers, forwarding paths, routing rules, rosters, escalation contacts, approved language, and approval decisions.
Trillet is not responsible for errors, delays, missed calls, failed routing, incorrect summaries, incorrect responses, compliance issues, customer outcomes, or service failures caused by inaccurate, incomplete, outdated, unavailable, unlawful, or unauthorized Customer Data or instructions.
For workflows involving rosters, on-call schedules, service areas, urgent routing, service availability, or escalation paths, you are responsible for keeping contacts, schedules, phone numbers, availability rules, service rules, and fallback procedures accurate and current.
Customer delays, missing inputs, delayed feedback, unavailable personnel, incomplete approvals, carrier delays, third-party delays, or unsupported systems may pause timelines and affect delivery dates.
The Services may use information from websites, documents, files, public business listings, public business directories, knowledge bases, or other sources that you provide or authorize Trillet to access.
Trillet does not scrape social media platforms, gated content, or sources that prohibit programmatic access through their published terms. Where access to a third-party platform is required, the Customer must provide credentials or authorize access through that platform's official mechanism.
You represent that you have the right to provide or authorize access to those sources and that Trillet's use of them for the Services will not violate law, contract, intellectual property rights, privacy rights, platform rules, or website terms.
You are responsible for reviewing and validating any ingested or extracted information before using it in production. Trillet does not guarantee that extracted website data, public data, third-party data, or imported knowledge-base content is accurate, current, complete, lawful, or suitable for use.
Trillet may decline to access, ingest, scrape, or use sources that appear restricted, unlawful, unreliable, technically unstable, or likely to create legal, security, or operational risk.
If Trillet provides Professional Services under an Order Form or SOW, the scope is limited to the deliverables expressly stated in that document.
Any features, integrations, workflows, channels, reports, dashboards, custom development, support, tuning, data migration, training, documentation, compliance work, or services not expressly included are excluded unless agreed in writing.
Unless an Order Form or SOW states otherwise:
Trillet may provide reasonable in-scope tuning during a launch or stabilization period if stated in an Order Form or SOW. Post-stabilization optimization, new workflows, new locations, new channels, new integrations, analytics dashboards, and ongoing support are not included unless expressly stated.
If your plan permits agency, white-label, resale, or sub-account use, you may use the Services to configure, manage, and support AI Agents for your own clients, subject to these Terms and your plan limits.
You are responsible for all clients, sub-accounts, users, AI Agents, campaigns, scripts, prompts, data, communications, integrations, and usage under your Account.
You must ensure that your clients and users comply with all laws and with obligations at least as protective of Trillet as these Terms.
You are responsible for your own client contracts, pricing, promises, marketing claims, onboarding, support, refund policy, compliance review, and service delivery.
You may not represent that Trillet is directly responsible for your client relationships, deliverables, performance promises, compliance, support, warranties, or customer outcomes unless Trillet has expressly agreed in writing.
You may not hide or remove legal notices, consent notices, AI disclosures, opt-out mechanisms, or other required notices where they are required by law, carrier rule, platform rule, or Trillet policy.
Trillet may suspend or terminate any sub-account, campaign, number, workflow, or deployment that violates these Terms, creates legal or compliance risk, creates carrier or platform risk, or may harm Trillet, the Services, End Users, or third parties.
White-label features allow branding customization. They do not transfer ownership of the Services, create exclusivity, or make you the provider of Trillet's underlying platform technology.
Enterprise, managed, private cloud, single-tenant, bring-your-own-cloud, on-premise, data-residency, service-level, security, compliance, or dedicated-infrastructure commitments apply only if expressly stated in a signed Order Form, SOW, security addendum, service-level agreement, or similar written agreement.
No statement on the website, in a demo, in a case study, or in general marketing materials creates a binding commitment to provide any specific certification, residency, service level, deployment model, security control, or infrastructure boundary unless included in a signed agreement.
If Trillet deploys into Customer-controlled infrastructure, Customer is responsible for the underlying environment, network, cloud account, access policies, identity policies, logging, backup, availability, and security responsibilities assigned to Customer in the applicable agreement.
If Customer requires a Regulated Customer Addendum, Data Processing Agreement, Business Associate Agreement, security addendum, penetration test, vendor questionnaire, service-level agreement, or regulated deployment structure, those must be agreed in writing before regulated data or production workflows are processed.
The Services may use phone numbers, SIP trunks, carriers, telephony providers, call forwarding, number masking, voicemail detection, transfer routing, or bring-your-own-carrier configurations.
Unless an Order Form states otherwise, phone numbers provided through the Services are licensed for use during the applicable service term and are not sold to you. Trillet or its telephony providers may reclaim, suspend, change, or restrict numbers as required by law, carrier rules, provider rules, nonpayment, misuse, inactivity, or technical requirements.
You are responsible for confirming that you have authority to forward, route, use, mask, register, or connect any phone number used with the Services.
Trillet does not guarantee that all calls, transfers, messages, caller IDs, recordings, or alerts will complete successfully. Telecommunications networks and carriers may block, filter, delay, degrade, label, or fail to complete calls or messages.
Number porting may be available only where supported by the applicable provider and may require account standing, documentation, fees, and processing time.
You agree to pay all fees stated in the applicable Order Form, checkout page, plan, invoice, SOW, or pricing page.
Fees may include subscription fees, implementation fees, Professional Services fees, Usage Fees, support fees, add-on fees, integration fees, telephony fees, messaging fees, phone number fees, overages, taxes, and pass-through provider charges.
Unless otherwise stated:
If you dispute an invoice in good faith, you must notify Trillet before the due date and provide specific reasons for the dispute. You remain responsible for undisputed amounts.
If you initiate a chargeback or payment dispute without first contacting Trillet to resolve a billing concern, Trillet may suspend or terminate access and recover the disputed amount plus associated fees and costs.
Refund guarantees, if any, are stated on the applicable checkout page, pricing page, or Order Form. Where a refund guarantee applies, you may request a refund by contacting support@trillet.ai within the guarantee period stated on that page.
After the applicable guarantee period expires, charges are final and non-refundable.
Unless an Order Form or SOW expressly states otherwise:
The Services may depend on or integrate with Third-Party Services.
Third-Party Services may be unavailable, delayed, changed, suspended, rate-limited, discontinued, inaccurate, or subject to separate terms, fees, and compliance obligations.
Trillet is not responsible for failures, delays, errors, data loss, charges, compliance issues, blocked communications, degraded quality, service interruptions, or changed functionality caused by Third-Party Services, carrier networks, phone providers, messaging providers, model providers, cloud providers, Customer Systems, integrations, internet providers, or systems outside Trillet's reasonable control.
You are responsible for maintaining any required third-party accounts, permissions, credentials, licenses, service plans, API keys, registrations, and authorizations.
If a Third-Party Service changes its terms, pricing, functionality, or availability, Trillet may modify the Services, pass through fees, suspend affected functionality, or require alternative configuration.
As between Customer and Trillet, Customer owns Customer Data.
Customer grants Trillet a worldwide, non-exclusive license to host, copy, process, transmit, display, use, and analyze Customer Data as necessary to provide, secure, support, troubleshoot, maintain, and operate the Services, comply with law, enforce these Terms, and exercise Trillet's rights under applicable agreements.
Customer represents that it has all rights, consents, notices, permissions, and lawful bases necessary to provide Customer Data to Trillet and to permit Trillet to process Customer Data as contemplated by these Terms and applicable Order Forms.
Customer is responsible for the accuracy, quality, legality, and appropriateness of Customer Data.
Trillet may create and use aggregated, anonymized, or de-identified data derived from use of the Services for analytics, benchmarking, security, product improvement, and business purposes, provided it does not identify Customer, Customer's clients, or any individual.
Trillet does not use Customer Data to train or fine-tune any model, including Trillet models, third-party models, foundation models, or generalized models, unless Customer permits that use through account settings, an Order Form, or another written agreement. Trillet imposes contractual restrictions on material AI subprocessors prohibiting use of Customer Data for training generalized models without Customer's express opt-in.
Trillet does not sell Customer Data.
Trillet's collection and use of personal information is described in Trillet's Privacy Policy, which is incorporated by reference.
To the extent Trillet processes personal information on behalf of Customer, Customer is responsible for determining the lawful basis, purpose, scope, notices, and instructions for that processing, and Trillet will process that information to provide the Services and as otherwise permitted by these Terms, the Privacy Policy, and applicable agreements.
If a data-processing agreement, Standard Contractual Clauses, Business Associate Agreement, or other privacy addendum is required for a particular use case, Customer must request and execute the applicable addendum before using the Services for that regulated or restricted use case.
You must not submit protected health information, payment-card data, government identifiers, children's data, financial account credentials, biometric identifiers, special-category data, or other sensitive regulated data to the Services unless the applicable use case, plan, security controls, and written agreement expressly permit it.
You may not use the Services to create, receive, maintain, or transmit protected health information under HIPAA unless Trillet has executed a Business Associate Agreement and the applicable Order Form identifies the HIPAA-covered workflow.
Trillet operates HIPAA-grade infrastructure on AWS (U.S. region) with configurable per-agent HIPAA mode. Business Associate Agreements are available for execution on Agency and Enterprise tiers at no incremental fee, subject to completion of Trillet's standard BAA process.
Where a Business Associate Agreement applies, it controls for protected health information to the extent it conflicts with these Terms.
You remain responsible for determining whether HIPAA or other healthcare privacy laws apply to your use case, configuring appropriate workflows, obtaining required consents, limiting access, and supervising AI Output.
The Services are not a medical device and do not provide medical diagnosis, clinical triage, emergency medical response, or medical advice unless expressly agreed in a signed regulated deployment agreement with appropriate safeguards.
If you use the Services in a regulated industry, including healthcare, financial services, insurance, legal services, debt collection, employment, education, housing, government services, or telecommunications, you are responsible for determining whether the Services are appropriate for your obligations and for implementing required review, consent, retention, audit, disclosure, escalation, and security controls.
Trillet does not determine your regulatory status, compliance obligations, licensing requirements, or required disclosures.
Trillet may require additional review, restrictions, configuration, approvals, or written terms for regulated use cases.
Trillet will use commercially reasonable administrative, technical, and organizational measures designed to protect the Services and Customer Data. Current security evidence is available through Trillet's Trust Center at security.trillet.ai or on request through Trillet's standard diligence process.
No system is perfectly secure. Trillet does not guarantee that unauthorized access, cyber incidents, data loss, service interruptions, or vulnerabilities will never occur.
Where the Services involve processing of personal information, Trillet will notify affected Customers without undue delay and, where feasible, within seventy-two (72) hours after confirmation of a security incident involving unauthorized access to Customer Data, unless legal restriction or active investigation requires delay. Where a signed Data Processing Agreement, Business Associate Agreement, or transfer mechanism imposes stricter incident-notice timing for covered data, that stricter standard controls for the covered data.
You are responsible for configuring access controls, managing users, protecting credentials, limiting permissions, approving integrations, maintaining endpoint security, and using security practices appropriate for your use case.
Security features, certifications, service levels, audit reports, data residency, and dedicated deployment commitments apply only where expressly included in an applicable Order Form, SOW, security addendum, or service-level agreement.
During the applicable service term, you may export available Customer Data using available platform tools, unless access has been suspended for legal, security, or payment reasons.
After termination, Trillet may retain, delete, or anonymize Customer Data in accordance with its retention practices, backup cycles, legal obligations, Privacy Policy, and applicable agreements.
Call recording, transcript, and metadata retention may vary by plan, configuration, legal requirement, product setting, and Order Form. Trillet's default call recording retention is described in the Privacy Policy.
Trillet is not responsible for maintaining Customer Data indefinitely. You are responsible for maintaining independent copies of Customer Data needed for your business, legal, tax, regulatory, or compliance purposes.
Trillet and its licensors own all rights, title, and interest in and to the Services, including software, source code, object code, APIs, models, tools, prompts, orchestration logic, templates, workflows, configurations, system designs, know-how, documentation, interfaces, data models, analytics, improvements, feedback, and related intellectual property.
No rights are granted to the Services except as expressly stated in these Terms or an applicable Order Form.
As between Trillet and Customer, Customer owns the AI Output generated for Customer's Account, subject to Customer's compliance with these Terms and applicable law. Customer's ownership extends to the AI Output but not to Trillet's underlying Services, prompts, templates, classification logic, system messages, or other Trillet intellectual property reflected in or used to produce the AI Output.
Trillet retains the right to use aggregated, anonymized, or de-identified derivatives of AI Output as described in Section 23, provided they do not identify Customer, Customer's clients, or any individual.
Trillet does not represent that AI Output is unique, exclusive, copyrightable, accurate, legally compliant, or free from third-party claims.
Unless an SOW expressly assigns ownership, Professional Services result in configuration and access rights, not transfer of ownership of Trillet technology, platform logic, reusable components, templates, agent frameworks, integrations, methods, know-how, or implementation materials.
Customer may not copy, modify, reverse engineer, resell, sublicense, or create derivative works from the Services except as expressly permitted by the applicable plan or written agreement.
If you provide feedback, suggestions, ideas, feature requests, improvements, or recommendations relating to the Services, you grant Trillet a non-exclusive, royalty-free, worldwide license to use and incorporate that feedback into the Services without restriction or compensation.
Each party may receive confidential or proprietary information from the other party in connection with the Services. Confidential information includes non-public business, technical, financial, customer, pricing, product, security, roadmap, and operational information.
The receiving party will use confidential information only to perform obligations or exercise rights under these Terms and will protect it using reasonable care.
Confidential information does not include information that is publicly available without breach, already known without restriction, independently developed without use of the confidential information, or lawfully received from a third party without restriction.
The receiving party may disclose confidential information if required by law, regulation, court order, or government request, provided it gives notice where legally permitted.
This section survives termination for five years, except trade secrets remain protected for as long as they remain trade secrets under applicable law.
Trillet may not use the name or logo of an enterprise Customer in public marketing materials without that Customer's consent.
For self-service, agency, or publicly listed customers, Trillet may identify Customer as a user of the Services unless Customer opts out by written notice. Trillet will stop new public use of Customer's name or logo within a reasonable time after receiving an opt-out request.
Nothing in this section permits disclosure of Customer's confidential information.
Support obligations are limited to the support plan, subscription plan, SOW, or Order Form purchased by Customer.
Trillet is not obligated to provide custom support, managed services, ongoing tuning, dedicated response times, or service credits unless expressly agreed in writing.
Trillet may update, modify, improve, suspend, discontinue, or replace any part of the Services at any time, provided that for paid subscriptions Trillet will use commercially reasonable efforts not to materially reduce core functionality during the then-current subscription term without notice or an alternative.
Trillet does not guarantee uninterrupted or error-free operation unless a signed service-level agreement expressly states otherwise.
Beta, preview, experimental, or early-access features are provided as-is, may be changed or discontinued at any time, and may be subject to additional restrictions.
Trillet may suspend or terminate access to the Services, with or without notice, if:
You may cancel self-service subscriptions through your Account settings or by contacting Trillet, subject to the applicable cancellation and refund terms.
Upon termination, your right to access and use the Services ends. You remain responsible for all fees incurred before termination and for any obligations that survive termination.
Where Services are degraded or unavailable due to Third-Party Service failures, Trillet's service-level commitments (if any) apply per the applicable agreement, and Force Majeure (Section 44) may apply.
Trillet will defend Customer against third-party claims alleging that the Services, as provided by Trillet and used by Customer in accordance with these Terms, infringe a third party's intellectual property rights, and will pay damages and costs (including reasonable attorneys' fees) finally awarded against Customer in such claim or agreed by Trillet in settlement.
Trillet has no obligation under this Section 35.1 for claims arising from: Customer Data, Customer-provided scripts, prompts, knowledge bases, or instructions; Customer System integrations, credentials, or configurations; modifications to the Services not made by or for Trillet; use of the Services outside the Documentation or the applicable Order Form; use of the Services after Trillet provides a non-infringing alternative; or combination of the Services with materials not provided by Trillet.
If a claim of infringement is made or threatened, Trillet may, at its option and expense: (i) procure for Customer the right to continue using the affected Services; (ii) modify the affected Services to be non-infringing without materially diminishing functionality; or (iii) terminate the affected Services and refund any prepaid fees for the unused portion of the term. This Section 35.1 states Trillet's entire liability and Customer's exclusive remedy for IP infringement claims.
You agree to indemnify, defend, and hold harmless Trillet and its officers, directors, employees, contractors, affiliates, licensors, and service providers from and against all claims, damages, liabilities, losses, fines, penalties, investigations, inquiries, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Trillet may assume control of the defense of any indemnified matter at your expense, and you agree to cooperate.
To the maximum extent permitted by law, the Services are provided "as is" and "as available."
Trillet disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, accuracy, reliability, availability, security, and suitability for a particular business outcome.
Trillet does not warrant that:
Some jurisdictions provide mandatory rights that cannot be excluded. Nothing in these Terms excludes, restricts, or modifies any non-excludable rights under applicable law.
To the maximum extent permitted by law, Trillet will not be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost savings, lost business, lost goodwill, data loss, business interruption, replacement services, personal injury, privacy loss, customer loss, lost leads, failed bookings, failed collections, failed transfers, reputational harm, or regulatory exposure, even if Trillet was advised of the possibility of such damages.
To the maximum extent permitted by law, Trillet's total liability arising out of or relating to the Services, these Terms, or any Order Form will not exceed the amounts paid by Customer to Trillet for the applicable Services giving rise to the claim during the 12 months before the event giving rise to liability, or USD $100 if no amounts were paid.
The limitations apply regardless of legal theory, including contract, tort, negligence, strict liability, warranty, statute, or otherwise, and even if a remedy fails of its essential purpose.
Where a Regulated Customer Addendum is executed between Trillet and Customer, the liability limits in that Addendum control for the matters addressed by that Addendum.
Some jurisdictions do not allow certain exclusions or limitations. In those jurisdictions, liability is limited to the greatest extent permitted by law.
Nothing in these Terms excludes, restricts, or modifies any guarantee, warranty, right, or remedy that cannot be excluded, restricted, or modified under the Australian Consumer Law or other applicable law.
Where Trillet is permitted to limit liability for breach of a non-excludable guarantee, Trillet's liability is limited, at Trillet's option, to resupplying the Services or paying the cost of having the Services resupplied.
Before initiating formal proceedings, each party agrees to try to resolve disputes informally by contacting the other party and allowing a reasonable period for discussion.
These Terms are governed by the laws of Victoria, Australia, without regard to conflict-of-law principles, unless a signed agreement states otherwise.
Any legal proceeding arising out of or relating to these Terms or the Services must be brought exclusively in the courts located in Melbourne, Victoria, Australia, and each party consents to personal jurisdiction and venue in those courts.
To the extent permitted by law, disputes must be brought only on an individual basis, and not as a plaintiff or class member in any class, collective, consolidated, or representative action.
To the extent permitted by law, each party waives any right to a jury trial.
You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or territory subject to comprehensive sanctions, and that you are not listed on any government restricted-party list.
You may not use the Services in violation of export-control, sanctions, anti-bribery, anti-corruption, anti-money-laundering, or similar laws.
You may not use the Services to facilitate payments, communications, services, or transactions involving sanctioned parties, prohibited jurisdictions, or unlawful activity.
Trillet may update these Terms from time to time. If a change is material, Trillet will make reasonable efforts to provide notice, such as by posting updated Terms, updating the effective date, emailing Account owners, or providing in-product notice.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.
For non-material changes, updated Terms apply at renewal or 30 days after notice, whichever occurs first.
For material changes, updated Terms apply at renewal or 60 days after notice, whichever occurs first, unless the change is required sooner for legal, security, provider, or operational reasons. Material changes are those that expand Trillet's rights, reduce Customer's rights, materially change data-handling practices, materially change fees, or change governing law or venue.
For signed Order Forms or SOWs, the version of these Terms incorporated at signature applies to that Order Form or SOW unless the Order Form or SOW states otherwise, the parties agree otherwise, or the change is required by law, carrier rule, provider rule, or security necessity.
Trillet may provide notices by email, in-product notice, posting to the website, or other reasonable means.
You may provide notices to Trillet by email at support@trillet.ai unless an Order Form identifies a different notice address.
You are responsible for keeping your Account email address current.
You may not assign or transfer these Terms, any Account, or any rights or obligations under these Terms without Trillet's prior written consent.
Trillet may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, change of control, corporate restructuring, or by operation of law.
Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, civil unrest, government action, internet disruptions, cloud-provider failures, carrier failures, messaging-provider failures, model-provider failures, supply-chain issues, power failures, cyber incidents not caused by the affected party's breach, or other force-majeure events.
Where Third-Party Services required for the Services become unavailable, are revoked, are restricted, or are suspended, Trillet may modify or temporarily reduce affected functionality and is not liable for the resulting impact, subject to commercially reasonable mitigation efforts.
Payment obligations are not excused by force majeure.
If any provision of these Terms is unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect.
Failure to enforce a provision is not a waiver.
These Terms, together with applicable Order Forms, SOWs, policies, and addenda (including any executed Regulated Customer Addendum, Data Processing Agreement, Business Associate Agreement, or security addendum), form the agreement between you and Trillet regarding the Services.
These Terms supersede prior or contemporaneous understandings regarding the Services, except for signed agreements that expressly state they control.
No purchase order, vendor portal term, procurement term, or other customer document modifies these Terms unless Trillet expressly agrees in a signed writing.
Sections that by their nature should survive termination will survive, including payment obligations, confidentiality, intellectual property, data rights, disclaimers, indemnification, limitation of liability, governing law, dispute resolution, and any accrued rights or obligations.
Questions about these Terms may be sent to:
By email: support@trillet.ai
By mail:
Zerodue AI Pty Ltd trading as Trillet AI
The Commons Cremorne
10-20 Gwynne St
Cremorne VIC 3121
Australia