Terms of Service

Last updated: January 10, 2023

From everyone at trumpet, thank you for using our product! We built it to help you do your best work and stand out from the crowd. There are lots of people using trumpet every day so we have to put in place some Terms of Service to help keep the ship afloat.

Please read these Terms of Service, the Privacy Policy and the Acceptable Use Policy. Together these three (3) artefacts form a unified agreement ( “Agreement”) that applies to all users of Our Software. This Agreement is between Trumpet Software Limited (“trumpet”, “We”, “Our” or “Us”) and the natural or legal person agreeing to it (“Customer”, “You” or “Your”) and contains important information about Your use of Our Site and / or Software.

By signing up to trumpet’s Software, You agree that You have read, understood and are bound by this Agreement. Unfortunately, if You do not agree to this Agreement, We are unable to provide Our Software to You.

trumpet may amend this Agreement from time to time. We commit to sending an email to the email address associated with Your Account and posting a written notice on Our Site 30 calendar days before any changes go into effect. Your use of Our Site and/or Software following the effective date of any modifications to this Agreement will constitute Your acceptance of the modified Agreement.

If you violate any of the terms, we may terminate your account. That's a broad statement and it means you need to place a lot of trust in us. We do our best to deserve that trust by being open about who we are and keeping an open door to your feedback.

Account Terms  

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose outlined in our Acceptable User Policy
3. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation. See our Cancellation Policy for more details.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the amount will be pro-rated to the end of your current billing cycle before restarting on the new amount.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
5. We process refunds according to our Fair Refund Policy.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. You can find instructions for how to cancel your account in our Cancellation Policy. If you need help cancelling your account, you can always contact our Support team.
2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted. We therefore recommend for you to export any data before your account is cancelled.
3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle. See our Fair Refund Policy for more details.
4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance. For more details, see our Acceptable Use Policy
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

1. We make a promise to our customers to support our Services. That means when it comes to security, privacy, and customer support, we will continue to maintain any legacy Services. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously. Visit https://www.sendtrumpet.com to see the status of our Services.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that trumpet may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
 - To help you with support requests you make. We'll ask for express consent before accessing your account.
 - On the rare occasions when an error occurs that stops an automated process partway through.We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
 - To safeguard trumpet. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
 - To the extent required by applicable law. As a UK company with all data infrastructure located in the EU, we only preserve or share customer data if compelled by a UK government authority with a legally binding order or proper request under the Data Protection Act 2018. If a non-UK authority approaches trumpet for assistance, our default stance is to refuse unless the order has been approved by the UK government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If trumpet is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.

5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. You can contact us for a list of all subprocessors who handle personal data for trumpet.
6. Under the Data Protection Act 2018 (GDPR), trumpet is a “data processor”, not a “data controller”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy Policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the Data Protection Act 2018 and not use trumpet’s Services in a way that violates the regulations.
7. These Service Terms incorporate the trumpet Data Processing Addendum (DPA), when the General Data Protection regulation (“GDPR”) applies to your use of trumpet Services to process Customer Data as defined in the DPA. The DPA is effective as of January 10, 2022.

Copyright and Content Ownership

1. All content posted on trumpet's Services must comply with the UK's Copyright, Designs and Patents Act 1988.
2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company's logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that's on you, not us. We do our best to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general our customer-centric approach. If you choose to use our Services, thank you for betting on us.

If you have a question about any of the Terms of Service, please contact us.

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Privacy Policy

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Acceptable Use Policy

Introduction

We developed trumpet to make it easy to collaborate with customers and understand how your customers are engaging with your content.

Our belief has always been that if we can do this at scale, we can play an influential part in improving the experience for millions of people online. This belief has driven us to reduce the friction of signing up for our service and also fuels our desire to make it easy to get value from our product.

So far our approach has worked however, not everything is perfect. Given the rate of change online, its tremendous growth, and the ease of publishing, it’s not practical for trumpet to know all of its users nor the exact nature of their business. While we believe the majority of people on this planet are good-natured, our product might be used in ways we never intended. It’s also conceivable that some accounts will not be using trumpet as we had intended or in line with our Terms of Service.

The intent of this Policy is to make it clear to anyone who uses trumpet (free or paid) what behavior or content is not acceptable for sites using our service. We will take action against sites that are discovered to be in violation of this Policy.

This Policy is a living document and will be updated as necessary. Continued use of trumpet requires compliance with this Acceptable Use Policy as well as our Terms of Service and Privacy Policy.

NON-acceptable uses of trumpet

If the content on your website contains information that is conducting or promoting any of the below, or if you intend to leverage trumpet to do any of the below, please don’t sign up for trumpet. If you already have an account—whether free or paid—you must stop using trumpet on the offending site or cancel your account.

The following constitutes behavior and content that are NOT acceptable uses of trumpet:

Sites performing, promoting, suggesting, or soliciting illegal activities.

Harassment, bullying, defamation, stalking, and threats.

Hateful content. A website using trumpet must not contain content that meets the following criteria nor can a trumpet account be used to do any of the following:

Promote or condone hate, violence, or discrimination against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status, or other forms of discriminatory intolerance.

Promote or support organisations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

Child exploitation, sexualization, or abuse. We don’t tolerate any activities that create, disseminate, or otherwise cause child abuse.

Sites selling counterfeit goods; or sites allowing, performing or facilitating any infringement of third party intellectual property rights.

Malware or spyware. This includes using trumpet to inject, infect, spread, etc. malware or spyware.

Phishing or otherwise attempting fraud. It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.

Spamming. No one wants unsolicited emails, text, or other communication.

Violence, or threats thereof. This includes activities on your site that qualify as a violent crime where you live, or in the UK where trumpet is based, or if you are leveraging trumpet to plan, conduct, assist, commit, or threaten this kind of activity.

Any actions that do not support the privacy rights of an individual. This includes capturing, selling, or sharing personal data without their consent.

It’s foreseeable that a customer's use of trumpet may extend to new areas not currently documented in this Policy. When and if this occurs we will take the same action of investigation and enforcement to determine if a site/account is acting against the spirit of this Policy. We reserve the right to do this as needed. When a situation like this occurs we will use our Core Values to guide our final decision and update this Policy if appropriate.

Reporting a concern

Do you know of a site that is violating this Policy? Or do you suspect a site might be violating the Policy? If so, please contact us so we can investigate. Simply email us at privacy@sendtrumpet.com.

Please share as much as you are comfortable with about the site, the content or behavior you are reporting, and how you found it. In addition to the URL, sending us screenshots is helpful since content can quickly be removed or changed.

Someone on our team will respond within two business days to let you know we’ve begun investigating. We will also contact you with the outcome of our investigation (unless you ask us not to, or we are not allowed to under law).

Fair Refund Policy

Bad refund policies are infuriating. You feel like the company is just trying to rip you off. We never want our customers to feel that way, so our refund policy is simple: If you’re ever unhappy with trumpet for any reason, just contact us and we'll take care of you.

Examples of full refunds we’d grant.

If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
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If you forgot to cancel your account a couple months ago and you haven’t used it since then, we’ll give you a full refund for a few back months. No problem.
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If you tried trumpet for a couple months and you just weren’t happy with it, you can have your money back.

Examples of partial refunds or credits we’d grant.

If you forgot to cancel your account a year ago, and there’s been activity on your account since then, we’ll review your account usage and figure out a partial refund based on how many months you used it.
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If we had extended downtime (multiple hours in a day, or multiple days in a month) or you emailed customer service and it took multiple days to get back to you, we’d issue a partial credit to your account.

Get in touch

At the end of the day, nearly everything on the edges comes down to a case-by-case basis. Contact us, tell us what's up, and we'll work with you to make sure you’re happy.

*This policy applies to any product created and owned by Trumpet Software Limited.

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Cancellation Policy

We want satisfied customers, not hostages. That’s why we make it easy for you to cancel your account.

Account owners can cancel their paid trumpet plan within their account settings.
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Our legal responsibility is to account owners, which means we cannot cancel an account at the request of anyone else. If for whatever reason you no longer know who the account owner is, contact us. We will gladly reach out to any current account owners at the email addresses we have on file.

What happens when you cancel?

If you have a paid trumpet account, you can cancel your subscription and keep using your account until your paid period expires. Then the account will be automatically cancelled and will be downgraded to trumpet's Free Plan and you will lose access to all paid features. You can then chose to delete your account permanently.

We’ll permanently delete your account data 30 days after cancellation from our servers and logs, and within 60 days from our backups. Retrieving data for a single account from a backup isn’t possible, so if you change your mind you’ll need to do it within the first 30 days after cancellation. Data can’t be recovered once it has been permanently deleted.

We won’t bill you again once you cancel. We don’t automatically prorate any unused time you may have left but if you haven’t used your account in months or just started a new billing cycle, contact us for a fair refund. We’ll treat you right.

trumpet-initiated cancellations
We may cancel accounts if they have been inactive for an extended period:
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For frozen accounts: 180 days after being frozen due to billing failures
For free accounts: after 365 days of inactivity
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We also retain the right to suspend or terminate accounts for any reason at any time, as outlined in our Terms of Service. In practice, this generally means we will cancel your account without notice if we have evidence that you are using our products to engage in abusive behavior.

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