TRODO TERMS OF SERVICE
Last Updated: January 29, 2026
Effective Date: January 29, 2026
QUICK SUMMARY (Not Legally Binding)
Before diving into the legal details, here's what you're agreeing to:
- What We Do: We provide AI product analytics that captures both platform usage and AI agent behavior for agentic applications and chatbots
- Your Data: You own it, we process it, you're responsible for getting user consent
- Privacy: We're GDPR and CCPA compliant; we retain data for 24 months
- Payment: Paid plans are billed via Stripe; no refunds
- Liability: We limit our liability to 6 months of your fees; service is "as-is"
- Changes: We can update these terms with 30 days notice
- Disputes: Handled through arbitration (not court)
This summary is for convenience only. The full terms below are what legally bind us.
1. AGREEMENT TO TERMS
1.1 Binding Agreement
These Terms of Service ("Terms") constitute a legally binding agreement between you (whether as an individual or on behalf of an entity) and Cryptique Inc., a Delaware corporation ("Trodo," "we," "us," or "our"), governing your access to and use of:
- The Trodo website at https://trodo.ai
- Our web application and analytics platform
- Our software development kit (SDK)
- Our application programming interfaces (APIs)
- All related services, documentation, and support
(collectively, the "Services")
1.2 Acceptance
By creating an account, accessing, or using the Services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Services.
1.3 Authority
You represent and warrant that:
- You are at least 18 years of age
- You have the legal capacity to enter into binding contracts
- If you are accepting these Terms on behalf of an organization, you have the authority to bind that organization to these Terms
- You are not prohibited from using the Services under applicable laws
1.4 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published on our website, constitute the entire agreement between you and Trodo concerning the Services.
2. DEFINITIONS
For purposes of these Terms:
"Account" means your registered account with Trodo.
"API" means our application programming interfaces that allow programmatic access to the Services.
"Client Data" means all data you submit to the Services, including data collected via the SDK from your End-Users, configurations, and any content you provide.
"Confidential Information" means non-public, proprietary information disclosed by one party to the other, including business plans, technical specifications, pricing, and Client Data.
"Data Controller" means the entity that determines the purposes and means of processing Personal Data. You are the Data Controller for End-User data collected through our Services.
"Data Processor" means the entity that processes Personal Data on behalf of the Data Controller. Trodo acts as your Data Processor.
"End-User" means any individual who visits or interacts with your websites, applications, or digital properties where you have implemented our Services, including users of AI chatbots, agents, or conversational interfaces.
"Personal Data" means any information relating to an identified or identifiable natural person, as defined under applicable data protection laws (including GDPR and CCPA).
"SDK" means our software development kit, including all code, libraries, and documentation for integration into your applications.
"Services" means all Trodo products and services, including the Platform, SDK, APIs, analytics intelligence, documentation, and support.
"Subscription Plan" means your selected service tier (Free, Starter, Pro, or Enterprise) with associated features, limits, and pricing.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation
To use the Services, you must create an Account by providing:
- A valid email address
- Accurate and complete registration information
- Any additional information we reasonably request
You agree to:
- Provide truthful, accurate, and current information
- Maintain and promptly update your Account information
- Keep your email address accessible for important notifications
3.2 Account Security
You are solely responsible for:
- Maintaining the confidentiality of your password and login credentials
- All activities that occur under your Account, whether authorized or not
- Immediately notifying us at privacy@trodo.ai of any unauthorized access or security breach
- Using strong, unique passwords and enabling available security features
We are not liable for any loss or damage arising from your failure to protect your Account credentials.
3.3 Team Accounts
If you create a team account:
- Team members are added via email address
- You control access and role assignments
- You are responsible for all team member activities
- You must promptly remove team members who should no longer have access
3.4 Account Verification
We reserve the right to:
- Verify your identity and Account information
- Request additional documentation for verification
- Suspend or terminate Accounts that cannot be verified
- Refuse service to anyone for any reason
3.5 Prohibited: Multiple or Shared Accounts
- You may not create multiple Accounts without our written permission
- You may not share Account credentials with anyone outside your organization
- We may merge, suspend, or terminate duplicate or shared Accounts
4. THE SERVICES
4.1 Service Description
Trodo provides AI product analytics and intelligence services, including:
- Data Collection: SDK and API for tracking user behavior, conversational interactions, and AI agent execution
- Analytics Platform: Dashboards, reporting, and visualization tools
- Agent Intelligence: Analysis of AI agent traces, tool usage, and performance
- AI-Powered Insights: Automated analysis and recommendations
- APIs: Programmatic access to your data
- Support: Documentation, community resources, and direct support based on your plan
4.2 License Grant
Subject to these Terms and your Subscription Plan, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Platform for your internal business purposes
- Integrate and use the SDK in your applications
- Use our APIs within your plan's usage limits
- Access documentation and support materials
4.3 License Restrictions
You may not:
- Copy, modify, distribute, sell, lease, or sublicense any part of the Services
- Reverse engineer, decompile, or disassemble our software
- Remove or alter proprietary notices, labels, or trademarks
- Use the Services for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to our systems or other users' accounts
- Use the Services in any manner that could damage, disable, or impair our infrastructure
- Access the Services to build a competing product or service
- Scrape, crawl, or harvest data from the Services except via authorized APIs
4.4 Service Availability and Modifications
Availability:
- We target 99.5% uptime but do not guarantee uninterrupted access
- We may perform scheduled maintenance with reasonable advance notice
- Emergency maintenance may occur with minimal or no notice
Modifications:
- We may modify, update, suspend, or discontinue any part of the Services at any time
- We will provide reasonable notice for material changes that negatively impact functionality
- Some modifications may be made immediately for security or legal compliance reasons
4.5 Usage Limits
Your Subscription Plan includes specific usage limits for:
- Events tracked per month
- API requests
- Data storage
- User profiles
- Team members
Exceeding limits:
- Hard limits apply—your access will be restricted until plan renewal or upgrade
- You may purchase add-on credits as available
- We will notify you as you approach your limits
4.6 Beta Features
We may offer beta, experimental, or preview features ("Beta Features"):
- Beta Features are provided "as-is" with no warranties
- Beta Features may be changed or discontinued without notice
- Data generated by Beta Features may not be retained
- Beta Features are excluded from any service level commitments
5. YOUR RESPONSIBILITIES AND ACCEPTABLE USE
5.1 Legal Compliance
You are solely responsible for ensuring your use of the Services complies with all applicable laws and regulations, including:
- Data privacy and protection laws (GDPR, CCPA/CPRA, and others)
- Consumer protection laws
- Intellectual property laws
- Anti-spam and marketing regulations
- Export control and sanctions laws
5.2 Data Protection Obligations
CRITICAL: As the Data Controller, you must:
5.2.1 Obtain Valid Consent
- Obtain clear, informed, and freely given consent from End-Users before collecting their Personal Data
- Implement proper consent mechanisms (cookie banners, opt-in forms, etc.)
- Maintain records of consent and honor withdrawal requests
- Provide granular consent options for different types of data processing
5.2.2 Provide Privacy Notices
- Maintain a comprehensive, accessible privacy policy
- Clearly disclose your use of Trodo as an analytics provider
- Explain what data is collected, how it's used, and who it's shared with
- Provide clear instructions for End-Users to exercise their privacy rights
5.2.3 Establish Lawful Basis
- Document lawful basis for all data processing activities under GDPR (consent, legitimate interest, contract, etc.)
- Ensure compliance with CCPA "sale" and "sharing" definitions if applicable
- Implement data minimization and purpose limitation principles
5.2.4 Honor Data Subject Rights
- Respond promptly to End-User requests regarding their Personal Data (access, correction, deletion, portability, opt-out)
- Implement procedures for handling requests within legal timeframes (typically 30-45 days)
- Notify us promptly of deletion requests so we can delete data from our systems
- Maintain records of all data subject requests and responses
5.3 Your Warranties
You represent and warrant that:
- You have permission to track all applications and interfaces you monitor
- Your Client Data does not infringe third-party intellectual property rights
- You have all necessary rights and consents to collect and process your Client Data
- Your use of the Services complies with all applicable laws
- You will not use the Services for any illegal activity
5.4 Acceptable Use Policy
You agree not to use the Services to:
5.4.1 Prohibited Activities
- Violate any applicable laws or regulations
- Infringe on intellectual property rights of others
- Distribute malware, viruses, or other harmful code
- Engage in fraudulent, deceptive, or misleading practices
- Collect data without proper consent or lawful basis
- Track children under 13 without verifiable parental consent
- Attempt to circumvent security measures, usage limits, or access controls
- Interfere with or disrupt the Services or connected networks
5.4.2 Content Restrictions
- Submit content that is illegal, harmful, threatening, defamatory, or obscene
- Upload malicious code or attempt to exploit security vulnerabilities
- Process special categories of Personal Data (health, biometric, etc.) without explicit consent and appropriate safeguards
- Collect or store sensitive authentication credentials (passwords, API keys)
5.4.3 Technical Restrictions
- Exceed API rate limits or usage quotas
- Use automated tools to scrape or harvest data from the Platform
- Attempt to reverse engineer our algorithms or proprietary technology
- Create an undue burden on our infrastructure
- Resell, sublicense, or provide service bureau use of the Services without authorization
5.5 Monitoring and Enforcement
We reserve the right to:
- Monitor your use of the Services for compliance with these Terms
- Investigate suspected violations
- Suspend or terminate your Account for violations
- Report illegal activities to law enforcement
- Implement technical measures to prevent prohibited activities
- Audit your use of the Services (see Section 5.6)
5.6 Audit Rights
We may audit your use of the Services to ensure compliance with these Terms. You agree to:
- Provide reasonable access to relevant information and systems
- Cooperate with audit requests within a reasonable timeframe
- Implement corrective measures if non-compliance is identified
- Bear your own costs related to the audit (we bear ours unless we discover material violations)
6. DATA PROCESSING AND PRIVACY
6.1 Data Processing Relationship
You are the Data Controller for all End-User Personal Data collected through the Services. You determine what data is collected and for what purposes.
Trodo is the Data Processor. We process Personal Data solely on your behalf and according to your instructions (via your SDK implementation and Platform configuration).
6.2 Data Processing Terms
By using the Services, you agree to the following data processing terms:
6.2.1 Scope of Processing
We will process Personal Data only:
- As necessary to provide the Services to you
- As instructed by you through your use of the Platform and SDK
- As required by applicable law
- For service improvement purposes (in anonymized form) if you have not opted out
6.2.2 Your Instructions
Your instructions to us include:
- SDK implementation and configuration
- Data collection settings you enable
- Queries, filters, and reports you create
- API calls you make
- Support requests you submit
6.2.3 Our Obligations as Data Processor
We will:
- Process Personal Data only on your documented instructions
- Ensure personnel processing data are bound by confidentiality obligations
- Implement appropriate technical and organizational security measures (see Section 6.3)
- Engage sub-processors only with your consent (see Section 6.5)
- Assist you in responding to data subject requests
- Assist you with data protection impact assessments if required
- Delete or return Personal Data upon termination (see Section 10.6)
- Notify you of any Personal Data breaches without undue delay
6.2.4 Your Obligations as Data Controller
You will:
- Ensure you have lawful basis for all data processing
- Obtain all necessary consents from End-Users
- Provide adequate privacy notices
- Respond to data subject requests (we will assist, but you are responsible)
- Ensure your instructions comply with applicable data protection laws
- Indemnify us for any violations arising from your instructions or lack of consent
6.3 Security Measures
We implement industry-standard security measures to protect your data:
Technical Measures:
- Encryption of data in transit (TLS 1.2+) and at rest (AES-256)
- Access controls and authentication mechanisms (including MFA where available)
- Regular security assessments and penetration testing
- Automated monitoring and intrusion detection
- Secure software development practices
Organizational Measures:
- Background checks for employees with data access
- Confidentiality agreements for all personnel
- Regular security training and awareness programs
- Incident response and breach notification procedures
- Business continuity and disaster recovery planning
You acknowledge that no security is perfect, and we cannot guarantee absolute security.
6.4 Data Retention and Deletion
Retention Periods:
| Data Type | Retention Period |
|---|---|
| Active Account Data | While your Account is active |
| Event and Session Data | 24 months from collection |
| Conversational and Agent Trace Data | 24 months from collection |
| User Profiles | 24 months from last activity |
| Deleted Account Data | 30 days after Account closure |
| Anonymized/Aggregated Data | Indefinitely (no longer Personal Data) |
| Backup Data | Up to 90 days in backup systems |
Deletion Requests:
- When you delete your Account, we will delete your data within 30 days
- When you submit an End-User deletion request, we will delete that End-User's data within 30 days
- Some data may persist in backups for up to 90 days
- We may retain certain data longer if required by law (e.g., financial records, audit logs)
Data Minimization:
- We automatically purge data beyond retention periods
- You can configure shorter retention periods in your Account settings
6.5 Sub-Processors
We use the following sub-processors to provide the Services:
| Sub-Processor | Purpose | Location |
|---|---|---|
| Google Cloud Platform (GCP) | Infrastructure and data hosting | United States |
| Stripe | Payment processing | United States |
| Google Workspace | Email and internal communications | United States |
| Retool | Internal tools | United States |
| Cloudflare | CDN, DDoS protection | Global |
Changes to Sub-Processors:
- We will notify you of any new sub-processors by email at least 30 days in advance
- You may object to a new sub-processor by notifying us within 30 days
- If you object and we cannot accommodate your objection, you may terminate these Terms without penalty
6.6 International Data Transfers
Your data is primarily processed in the United States.
If you are located outside the United States (including in the European Economic Area or United Kingdom):
- By using the Services, you consent to the transfer of Personal Data to the United States
- We rely on Standard Contractual Clauses (SCCs) approved by the European Commission for GDPR compliance
- We implement supplementary measures to ensure adequate protection (encryption, access controls, etc.)
- You may request a copy of our SCCs by contacting us at privacy@trodo.ai
6.7 GDPR-Specific Rights
If you or your End-Users are located in the European Economic Area or United Kingdom, the following rights apply under GDPR:
End-User Rights:
- Right to access their Personal Data
- Right to rectification (correction) of inaccurate data
- Right to erasure ("right to be forgotten")
- Right to restriction of processing
- Right to data portability
- Right to object to processing
- Right to withdraw consent
Your Responsibilities:
- You must respond to End-User requests within 30 days (or 1 month under GDPR)
- We will assist you by providing tools to export or delete End-User data
- You are responsible for verifying the identity of requesters
6.8 CCPA-Specific Rights
If you or your End-Users are California residents, the following rights apply under CCPA/CPRA:
End-User Rights:
- Right to know what Personal Data is collected
- Right to delete Personal Data
- Right to opt out of "sale" or "sharing" of Personal Data
- Right to correct inaccurate Personal Data
- Right to limit use of sensitive Personal Data
- Right to non-discrimination for exercising rights
Our CCPA Disclosures:
- We do not sell Personal Data in the traditional sense
- We may "share" Personal Data with sub-processors for business purposes (see Section 6.5)
- We use data for targeted advertising recommendations (this may constitute "sharing" under CCPA)
- End-Users can opt out by contacting you (the Data Controller)
6.9 Automated Decision-Making
We use automated decision-making for the following purposes:
- Trodo Intelligence: Our AI analyzes user behavior patterns and agent execution to provide insights and recommendations
- User Profile Merging: We may automatically merge user profiles when we detect they belong to the same individual (based on email, device identifiers, or behavioral patterns)
Your Controls:
- You can disable AI recommendations in your Account settings
- You can opt out of automated profile merging
- You retain full control over how you use AI-generated insights
GDPR Compliance: Our automated processing does not produce legal effects or similarly significant effects on individuals. If you use our insights to make decisions that significantly affect individuals, you are responsible for GDPR Article 22 compliance (right not to be subject to automated decision-making).
6.10 Data Breach Notification
If we become aware of a Personal Data breach affecting your Client Data:
- We will notify you without undue delay (within 72 hours when feasible)
- We will provide details of the breach, affected data, and remedial actions
- You are responsible for notifying affected End-Users and data protection authorities as required by law
- We will reasonably cooperate with your breach response efforts
7. FEES, PAYMENT, AND SUBSCRIPTIONS
7.1 Subscription Plans
The Services are offered under the following plans:
- Free Plan: Limited features and usage (see pricing page)
- Starter Plan: Paid subscription with expanded features
- Pro Plan: Paid subscription with advanced features
- Enterprise Plan: Custom pricing and features
Pricing and features for each plan are available at https://trodo.ai/pricing and incorporated into these Terms by reference.
7.2 Billing and Payment
Payment Terms:
- All fees are payable in advance on a monthly or annual basis (as selected)
- Payment is due immediately upon invoice generation
- We use Stripe as our payment processor—you agree to Stripe's terms
- You must provide valid payment information and keep it current
Accepted Payment Methods: Credit cards, debit cards, and other methods supported by Stripe
Payment Authorization: By providing payment information, you authorize us to charge all fees incurred under your Account. You authorize automatic recurring charges for subscription renewals.
7.3 Taxes
- All fees are exclusive of taxes, levies, duties, or similar governmental charges
- You are responsible for all applicable taxes except those based on our net income
- We will collect and remit taxes where required by law
- You must provide accurate tax information (e.g., VAT number) for proper invoicing
7.4 Fee Changes
- We may change subscription fees at any time with 30 days' advance notice
- Notice will be provided via email to your Account email address
- Changes apply upon your next renewal after notice
- Continued use after notice constitutes acceptance of new fees
- You may cancel your subscription before new fees take effect (see Section 7.7)
7.5 Usage Overages and Add-Ons
- If you exceed your plan's usage limits, hard limits apply—your service will be restricted
- Restrictions remain until your plan renews or you purchase add-on credits
- Add-on credits (if available) can be purchased through the Platform
- Add-on credits do not roll over to subsequent billing periods
7.6 No Refunds
All fees are non-refundable, including:
- Subscription fees for unused portions of your billing period
- Fees for canceled or downgraded subscriptions
- Add-on credits (whether used or unused)
- Set-up fees or onboarding charges (if applicable)
Exception: We may provide refunds at our sole discretion for unusual circumstances or as required by applicable law.
7.7 Cancellation and Downgrades
You may cancel your subscription at any time by:
- Using the cancellation feature in your Account settings, or
- Contacting us at privacy@trodo.ai
Cancellation takes effect:
- At the end of your current billing period
- You will retain access to paid features until the period ends
- No prorated refunds for early cancellation
Downgrading:
- You may downgrade to a lower-tier plan at any time
- Downgrades take effect at the end of your current billing period
- If you exceed the new plan's limits, data or features may be restricted
7.8 Non-Payment and Suspension
If payment fails or becomes overdue:
- We will attempt to charge your payment method and notify you via email
- After 3 days of non-payment, we may suspend your Account
- Suspension means loss of access to the Platform and Services
- Your data will be retained during suspension (subject to retention limits)
Reactivation: Pay all outstanding fees to reactivate your Account. We may charge a reactivation fee at our discretion.
Termination for Non-Payment: After 30 days of suspension, we may terminate your Account and delete your data.
7.9 Free Plan Limitations
The Free Plan:
- Is subject to usage limits and feature restrictions (see pricing page)
- May be modified or discontinued at any time with 30 days' notice
- Does not include all features available on paid plans
- Includes limited support (up to 7 business days response time)
- May include Trodo branding or watermarks
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Our Intellectual Property
We (and our licensors) own all right, title, and interest in and to the Services, including:
- The Platform, SDK, APIs, and all software
- Analytics intelligence and all AI/ML models and algorithms
- Documentation, training materials, and support content
- Trademarks, logos, and branding (including "Trodo")
- All patents, copyrights, trade secrets, and other intellectual property rights
- All improvements, modifications, and derivative works
You acknowledge that these Terms do not transfer any ownership rights to you.
8.2 Your Intellectual Property
You retain all right, title, and interest in and to:
- Your Client Data
- Your applications and websites
- Your trademarks and branding
- Any other intellectual property you own
8.3 License to Your Data
By using the Services, you grant us a limited, non-exclusive, worldwide license to:
- Host, process, transmit, and display your Client Data as necessary to provide the Services
- Use your Client Data to improve the Services (in anonymized, aggregated form only) unless you opt out
- Create anonymized insights and benchmarks that do not identify you or your End-Users
You may opt out of having your anonymized data used for service improvements in your Account settings. We do not claim ownership of your Client Data or any insights you derive from the Services.
8.4 Restrictions on Our IP
You may not:
- Copy, modify, distribute, sell, or lease any part of the Services
- Reverse engineer, decompile, or disassemble our software or algorithms
- Remove, alter, or obscure proprietary notices or trademarks
- Use our trademarks, logos, or branding without prior written permission
- Create derivative works based on our intellectual property
- Frame or mirror any part of the Services
8.5 Feedback and Suggestions
If you provide feedback, suggestions, or ideas about the Services ("Feedback"):
- We may use your Feedback without any obligation to compensate you
- You grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate your Feedback
- You waive any rights (including moral rights) that would prevent us from using your Feedback
8.6 Third-Party Services and IP
The Services may integrate with or include third-party services, software, or content:
- Your use of third-party services is subject to their respective terms and licenses
- We do not warrant or support third-party services
- We are not liable for any third-party service failures or issues
- Third-party open-source software used in the Services is licensed under their respective open-source licenses (available upon request)
8.7 DMCA and Copyright Infringement
If you believe any content in the Services infringes your copyright:
Notify us at privacy@trodo.ai with:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement that you have a good faith belief the use is unauthorized
- A statement that the information is accurate and you are authorized to act
- Your physical or electronic signature
We will investigate and take appropriate action, which may include removing the content.
9. CONFIDENTIALITY
9.1 Definition of Confidential Information
"Confidential Information" means all non-public, proprietary information disclosed by one party to the other, including:
Your Confidential Information:
- Client Data
- Business plans, strategies, and financial information
- Customer lists and End-User data
- Proprietary methods and processes
Our Confidential Information:
- The Services, including source code and algorithms
- Technical specifications and architecture
- Pricing and business strategies
- Product roadmaps and unreleased features
9.2 Obligations
Each party agrees to:
- Protect the other's Confidential Information with the same degree of care used for its own confidential information (but no less than reasonable care)
- Use Confidential Information only for the purposes of these Terms
- Not disclose Confidential Information to third parties without prior written consent
- Limit access to employees and contractors who need to know and who are bound by confidentiality obligations
9.3 Exceptions
Confidential Information does not include information that:
- Is or becomes publicly available through no breach of these Terms
- Was lawfully known to the receiving party before disclosure
- Is independently developed by the receiving party without use of the disclosing party's Confidential Information
- Is lawfully received from a third party without confidentiality obligations
- Must be disclosed by law or court order (with prompt notice to the disclosing party, if legally permitted)
9.4 Return or Destruction
Upon termination or at the disclosing party's request, the receiving party will:
- Return or destroy all Confidential Information in its possession
- Certify such return or destruction in writing (if requested)
Exception: May retain copies required by law or for backup purposes (subject to continued confidentiality obligations).
10. TERM AND TERMINATION
10.1 Term
These Terms begin on the date you first access the Services and continue until terminated by either party. Your subscription automatically renews for successive periods (monthly or annual, as selected) unless you cancel before the renewal date.
10.2 Termination by You
You may terminate your Account at any time by:
- Using the cancellation feature in your Account settings, or
- Sending written notice to privacy@trodo.ai with at least 30 days' advance notice
Effect:
- Termination takes effect at the end of your current billing period (no partial refunds)
- You will retain access to paid features until the termination date
- Your data will be deleted 30 days after termination (see Section 10.6)
10.3 Termination by Us
We may suspend or terminate your Account immediately (without prior notice) if:
- You breach any provision of these Terms
- You fail to pay fees when due (after 30 days of non-payment)
- You engage in prohibited activities (see Section 5.4)
- You violate applicable laws or regulations
- You attempt to reverse engineer our Services or algorithms
- We determine that your use poses a security or legal risk to us or other users
- We are required to terminate by law or court order
We may also terminate your Account for convenience with 30 days' written notice.
10.4 Effect of Termination
Upon termination (by either party):
- Your right to access and use the Services immediately ceases
- We have no obligation to maintain or provide access to your Client Data
- All outstanding fees become immediately due and payable
- You must immediately cease using the SDK, APIs, and all other Services
- You must remove the SDK from your applications
- No refunds are provided for fees already paid
10.5 Survival
The following provisions survive termination:
- Section 7 (Fees, Payment, and Subscriptions) - for fees owed
- Section 8 (Intellectual Property Rights) - ownership and licenses
- Section 9 (Confidentiality) - confidentiality obligations
- Section 12 (Disclaimers and Limitation of Liability)
- Section 13 (Indemnification)
- Section 14 (Dispute Resolution)
- Section 15 (General Provisions)
10.6 Data Deletion After Termination
After your Account is terminated:
- We will delete your Client Data within 30 days
- Backup copies may persist for up to 90 days
- Anonymized, aggregated data may be retained indefinitely
- We may retain certain data longer if required by law (e.g., for audits, tax purposes)
Before termination, you should export your data (see Section 10.7).
10.7 Data Export
Before terminating your Account, you may export your Client Data:
- Use the data export feature in the Platform (available in CSV or JSON format)
- Contact us at privacy@trodo.ai to request a data export
- No fee for data export for active Accounts
- We will provide the export within 30 days of your request (subject to technical limitations)
After termination, we are not obligated to provide data exports (data may already be deleted).
11. SERVICE LEVELS AND SUPPORT
11.1 Service Availability
We target 99.5% uptime during any calendar month (measured as the percentage of time the Platform is available).
Exclusions from uptime calculation:
- Scheduled maintenance (with advance notice)
- Emergency maintenance or security updates
- Factors beyond our reasonable control (force majeure, internet failures, third-party outages)
- Issues caused by your actions or your systems
We do not guarantee:
- Uninterrupted or error-free service
- Specific response times for API requests
- Availability of specific features or functionality
Disclaimer: The 99.5% uptime target is a goal, not a guarantee. We do not provide service credits or refunds for downtime.
11.2 Support Services
We provide support based on your Subscription Plan:
| Plan | Support Channels | Response Time (Business Days) |
|---|---|---|
| Free | Email, documentation | Up to 7 business days |
| Starter | Email, documentation | 1-2 business days |
| Pro | Email, documentation | 1-2 business days |
| Enterprise | Email, documentation, priority support | 1-2 business days (priority) |
Business days: Monday-Friday, 9:00 AM - 5:00 PM EST, excluding U.S. federal holidays.
Response time means our initial response, not resolution time. Complex issues may take longer to resolve.
Support scope:
- Assistance with Platform features and functionality
- Help with SDK integration and API usage
- Troubleshooting technical issues
- Bug reports and feature requests
Not included in support:
- Custom development or consulting services
- Assistance with your application code (outside SDK integration)
- Training or onboarding (may be available separately for Enterprise)
11.3 Maintenance and Updates
Scheduled Maintenance:
- We will provide at least 48 hours' advance notice via email or Platform notification
- Scheduled maintenance is typically performed during off-peak hours (evenings or weekends)
Emergency Maintenance:
- May be performed with minimal or no notice for security or critical issues
- We will notify you as soon as reasonably possible
Service Updates:
- We regularly update the Services with new features, improvements, and bug fixes
- Updates may occur automatically without notice
- We will communicate significant new features via email or in-app notifications
11.4 No Service Credits
We do not provide service credits, refunds, or compensation for:
- Downtime or service interruptions
- Failure to meet uptime targets
- Performance issues or degraded service
- Data loss (except as required by law)
Your sole remedy for service issues is to terminate these Terms in accordance with Section 10.2.
12. DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- Merchantability and fitness for a particular purpose
- Non-infringement of third-party rights
- Availability, reliability, or uptime of the Services
- Accuracy, completeness, or reliability of any data, information, or content
- Security or freedom from viruses, bugs, or vulnerabilities
- Uninterrupted, timely, or error-free operation
- Results or outcomes from using the Services
WE DO NOT WARRANT THAT:
- The Services will meet your requirements or expectations
- Data collected will be accurate or complete
- Third-party services, APIs, or data providers will be available
- Any defects or errors will be corrected
- The Services are free from security vulnerabilities
YOU ASSUME ALL RISK arising from your use of the Services.
12.2 Third-Party Services Disclaimer
The Services rely on third-party services and infrastructure, including:
- Cloud infrastructure (Google Cloud Platform)
- Payment processors (Stripe)
- Analytics and data providers
- Email and communication services
WE ARE NOT LIABLE FOR:
- Failures, outages, or errors of third-party services
- Inaccurate or delayed data from third-party providers
- Data quality issues from external sources
- Payment processing issues or failures
YOU ACKNOWLEDGE that we do not control these third-party services and cannot guarantee their availability or accuracy.
12.3 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRODO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY:
Indirect, Incidental, Special, Consequential, or Punitive Damages, including:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of goodwill or reputation
- Business interruption
- Cost of substitute goods or services
- Any other indirect or consequential losses
WHETHER ARISING FROM:
- Use or inability to use the Services
- Unauthorized access to or alteration of your data
- Data breaches or security incidents (except where caused by our gross negligence or willful misconduct)
- Errors, bugs, or defects in the Services
- Third-party services, content, or actions
- Any other matter relating to the Services
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.4 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO TRODO IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
If you are on the Free Plan, our total liability shall not exceed $100 USD.
12.5 Exceptions to Limitations
The above limitations do not apply to:
- Liability that cannot be excluded or limited by applicable law, including:
- Death or personal injury caused by our gross negligence or willful misconduct
- Fraud or fraudulent misrepresentation by us
- Violations of consumer protection laws where limitations are prohibited
- Your indemnification obligations under Section 13
- Your payment obligations under Section 7
- Breaches of confidentiality caused by our gross negligence or willful misconduct
- Our intentional or willful violations of these Terms
12.6 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
- Natural disasters (earthquakes, floods, hurricanes, etc.)
- War, terrorism, civil unrest, or government actions
- Pandemics or public health emergencies
- Internet, telecommunications, or utility failures
- Cyberattacks, DDoS attacks, or other malicious activities
- Third-party service provider failures
- Labor disputes or strikes
- Acts of God or other force majeure events
During force majeure events, our obligations are suspended, and we will make reasonable efforts to resume service as soon as possible.
12.7 Essential Basis of Bargain
YOU ACKNOWLEDGE AND AGREE THAT:
- These disclaimers and limitations of liability are fundamental elements of the bargain between you and Trodo
- We would not provide the Services without these limitations
- These limitations apply even if any limited remedy fails of its essential purpose
12.8 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. INDEMNIFICATION
13.1 Your Indemnification Obligations
You agree to defend, indemnify, and hold harmless Trodo, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
13.1.1 Your Use of the Services
- Your use of the Services in violation of these Terms
- Your violation of any applicable laws or regulations
- Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)
- Your failure to comply with data protection laws (GDPR, CCPA, etc.)
13.1.2 Data Protection Violations
- Your failure to obtain valid consent from End-Users
- Your failure to provide adequate privacy notices
- Your failure to respond to data subject requests
- Claims by End-Users regarding your data collection or processing practices
- Your violation of GDPR, CCPA, or other privacy laws
13.1.3 Your Client Data
- Claims that your Client Data infringes third-party intellectual property rights
- Claims arising from the accuracy, legality, or content of your Client Data
- Claims related to your data collection methods or practices
13.1.4 End-User Claims
- Claims by your End-Users related to your use of the Services
- Claims arising from your privacy policies or practices
- Claims related to your applications or websites
13.2 Our Indemnification Obligations
We will defend, indemnify, and hold you harmless from and against any claims that the Services (when used in accordance with these Terms) infringe a third-party's intellectual property rights in the United States, provided that:
- You promptly notify us in writing of any such claim
- You give us sole control of the defense and settlement of the claim
- You provide reasonable cooperation in the defense
- The claim is not based on: your use of the Services in violation of these Terms; modifications you made to the Services; your combination of the Services with other products or services; or your Client Data or content
Our Remedies: If we determine (or a court holds) that the Services infringe, we may, at our option:
- Obtain the right for you to continue using the Services
- Modify the Services to make them non-infringing
- Replace the Services with a non-infringing alternative
- Terminate these Terms and refund any prepaid, unused fees (prorated)
This Section 13.2 states our entire liability and your exclusive remedy for intellectual property infringement claims.
13.3 Indemnification Procedures
For any indemnification claim:
Notice:
- The indemnified party must promptly notify the indemnifying party in writing of any claim
- Failure to provide prompt notice may reduce the indemnifying party's obligations to the extent it is prejudiced
Control:
- The indemnifying party may assume sole control of the defense and settlement
- The indemnified party may not settle any claim without the indemnifying party's prior written consent
Cooperation:
- The indemnified party must provide reasonable cooperation in the defense
- The indemnifying party will reimburse reasonable out-of-pocket costs for such cooperation
Participation: The indemnified party may participate in the defense at its own expense.
13.4 Exclusive Remedy
The indemnification obligations in this Section 13 are your exclusive remedy and our exclusive liability for the matters described.
14. DISPUTE RESOLUTION
14.1 Governing Law
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Informal Dispute Resolution
Before filing any formal legal action, the parties agree to attempt to resolve disputes informally:
Notice: The party raising the dispute must send written notice to the other party describing the dispute and proposed resolution.
- To Trodo: Send notice to privacy@trodo.ai
- To You: We will send notice to your Account email address
Good Faith Negotiation: The parties will engage in good faith negotiations for at least 30 days after notice.
Escalation: If the dispute is not resolved within 30 days, either party may proceed to arbitration (Section 14.3) or small claims court (Section 14.4).
14.3 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Services (including the formation, validity, breach, or termination thereof) shall be resolved by binding arbitration, except as provided in Section 14.4.
Arbitration Terms:
- Arbitration Organization: Arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
- Single Arbitrator: The arbitration will be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree, the AAA will appoint the arbitrator.
- Location: Arbitration will be conducted remotely (via video conference) or, if an in-person hearing is required, in Dover, Delaware.
- Language: Arbitration will be conducted in English.
- Costs: Each party will bear its own costs and attorneys' fees, unless the arbitrator determines otherwise. The arbitrator's fees and AAA administrative fees will be split equally between the parties.
- Award: The arbitrator's decision will be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction.
- Confidentiality: The arbitration proceedings and award will be kept confidential, except as required by law or to enforce the award.
- Exceptions: Arbitration does not apply to claims that qualify for small claims court (Section 14.4) or claims seeking injunctive relief for intellectual property infringement.
14.4 Small Claims Court Exception
Either party may bring an individual action in small claims court if:
- The claim qualifies for small claims court jurisdiction (typically disputes under $10,000)
- The claim is brought in the party's individual capacity (not as a class action)
Permitted small claims courts:
- For claims by you: Small claims court in your jurisdiction or in Dover, Delaware
- For claims by us: Small claims court in your jurisdiction
14.5 Class Action Waiver
YOU AND TRODO AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
This means:
- No class arbitrations or class actions are permitted
- No consolidation of claims with other parties
- No representative actions on behalf of others
If this class action waiver is found to be unenforceable, the entire arbitration agreement (Section 14.3) shall be null and void, and disputes will be resolved in court (Section 14.6).
14.6 Jurisdiction and Venue (If Arbitration Does Not Apply)
If arbitration does not apply (e.g., due to unenforceability or small claims court exception), the following applies:
- Exclusive Jurisdiction: Any legal action or proceeding shall be brought exclusively in the state or federal courts located in Dover, Delaware.
- Consent to Jurisdiction: You irrevocably consent to the personal jurisdiction and venue of such courts.
- Waiver of Jury Trial: YOU AND TRODO WAIVE ANY RIGHT TO A JURY TRIAL in any legal proceeding.
14.7 Equitable Relief
Notwithstanding the arbitration provisions, either party may seek equitable relief (such as injunctive relief or specific performance) in any court of competent jurisdiction to:
- Protect intellectual property rights
- Prevent unauthorized use or disclosure of Confidential Information
- Enforce the terms of these Terms
Such actions do not waive the right to arbitration for other disputes.
14.8 Statute of Limitations
Any claim arising out of or related to these Terms or the Services must be filed within one (1) year after the cause of action accrues. Otherwise, the claim is permanently barred.
15. GENERAL PROVISIONS
15.1 Entire Agreement
These Terms, together with our Privacy Policy (available at https://trodo.ai/privacy) and any other legal notices or agreements published on our website or Platform, constitute the entire agreement between you and Trodo concerning the Services and supersede all prior agreements, understandings, negotiations, and discussions, whether written or oral. No other terms apply unless expressly agreed to in a signed writing by both parties.
15.2 Amendments
We reserve the right to modify these Terms at any time.
Process for changes:
- We will update the "Last Updated" date at the top of these Terms.
- We will notify you of material changes by:
- Sending email notification to your Account email address, and/or
- Posting a prominent notice on the Platform or website
- Changes take effect 30 days after notice (or immediately for legal/regulatory requirements).
- Your continued use of the Services after the effective date constitutes acceptance of the modified Terms.
If you do not agree to the changes:
- You must stop using the Services and terminate your Account before the effective date
- Termination before the effective date does not entitle you to a refund
15.3 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction:
- The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable
- If modification is not possible, the provision will be severed
- The remaining provisions will remain in full force and effect
Intent: The parties intend for these Terms to be enforced to the maximum extent permitted by law.
15.4 No Waiver
No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to enforce any right or provision does not constitute a waiver of that right or provision. All waivers must be in writing and signed by both parties.
15.5 Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent.
We may assign these Terms without your consent:
- To an affiliate or subsidiary
- In connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets
Any attempted assignment in violation of this section is void. Effect of permitted assignment: These Terms will bind and inure to the benefit of the parties' respective successors and permitted assigns.
15.6 Relationship of the Parties
These Terms do not create a partnership, joint venture, agency, employment, or franchise relationship between the parties. Each party is an independent contractor.
Neither party has authority to:
- Bind the other party
- Incur obligations on behalf of the other party
- Make representations or warranties on behalf of the other party
15.7 Third-Party Beneficiaries
These Terms are for the sole benefit of you and Trodo. No third party has any right to enforce or benefit from these Terms, except:
- Our affiliates, officers, directors, employees, and agents (for purposes of indemnification and limitation of liability)
- Our licensors (for purposes of intellectual property protections)
15.8 Notices
All notices required or permitted under these Terms must be in writing and will be deemed given:
To Trodo:
- Email: privacy@trodo.ai
- Address: 8 The Green, STE R, Dover, DE 19901, USA
To You:
- Email: The email address associated with your Account
- Platform: Via in-app notification
Notice is effective:
- Email: Upon sending (if during business hours) or the next business day
- Platform notification: Upon posting
- Mail: Three (3) business days after mailing
15.9 Force Majeure
Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to:
- Acts of God (earthquakes, floods, hurricanes, etc.)
- War, terrorism, or civil unrest
- Government actions, laws, or regulations
- Pandemics or public health emergencies
- Labor disputes or strikes
- Internet, telecommunications, or utility failures
- Cyberattacks, DDoS attacks, or malicious activities
- Supplier or vendor failures
Effect: Performance is excused during the force majeure event. If the event continues for more than 30 days, either party may terminate these Terms without penalty.
15.10 Export Control
The Services may be subject to U.S. export control laws and regulations.
You agree to:
- Comply with all applicable export control laws
- Not export or re-export the Services to prohibited countries or entities
- Not use the Services in violation of U.S. sanctions or embargoes
- Obtain any necessary export licenses or authorizations
You represent that you are not:
- Located in a country subject to U.S. embargo
- Listed on any U.S. government list of prohibited or restricted parties
15.11 U.S. Government Users
If you are a U.S. government entity:
- The Services are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202
- Your rights are limited to those expressly granted in these Terms
- Use, reproduction, and disclosure are subject to the restrictions in these Terms
15.12 Compliance with Laws
You are solely responsible for ensuring your use of the Services complies with all applicable laws in your jurisdiction, including:
- Data protection and privacy laws
- Consumer protection laws
- Financial services regulations
- Anti-money laundering (AML) and know-your-customer (KYC) requirements
- Sanctions and export control laws
We do not provide legal advice. Consult your own legal counsel.
15.13 Interpretation
In these Terms:
- "Including" means "including but not limited to"
- Headings are for convenience only and do not affect interpretation
- Singular includes plural and vice versa
- "May" means discretionary; "will" or "shall" means mandatory
- "Business days" means Monday-Friday, excluding U.S. federal holidays
15.14 Language
These Terms are drafted in English. Any translation is for convenience only. In case of conflict, the English version controls.
15.15 Contact for Legal Notices
For legal notices, compliance issues, or questions about these Terms:
- Email: privacy@trodo.ai
- Address: 8 The Green, STE R, Dover, DE 19901, USA
- Attention: Legal Department
16. CONTACT INFORMATION
For questions, concerns, or support:
General Support Email: privacy@trodo.ai
Website: https://trodo.ai
Privacy and Data Protection Inquiries Email: privacy@trodo.ai
Legal and Compliance Email: privacy@trodo.ai
Address: 8 The Green, STE R, Dover, DE 19901, USA
Registered Agent Registered Agent: Doola
Service of Process: 8 The Green, STE R, Dover, DE 19901, USA
ACKNOWLEDGMENT
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT:
✓ You have read and understood these Terms of Service in their entirety
✓ You agree to be bound by all provisions of these Terms
✓ You have the legal capacity and authority to enter into this agreement
✓ You understand your obligations as a Data Controller for End-User data
✓ You understand the disclaimers and limitations of liability
✓ You agree to the dispute resolution provisions, including arbitration and class action waiver
✓ You understand that the Services are provided "as-is" without warranties
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.
Cryptique Inc.
Effective Date: January 29, 2026
Last Updated: January 29, 2026
END OF TERMS OF SERVICE