Thank you for being a part of the Treffa community!
In other words:
While using Treffa these are the terms.
1. Why this document
- This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us. It is important that you read and understand the Terms of Service before using the Service. If there is anything within them that you do not understand, please contact us.
- By signing/logging in, setting up an account with us and/or using and accessing the Service, you agree to and accept these Terms of Service in their entirety. If you do not agree to these Terms of Service, you may not use the Service.
2. Your account
- You may use Treffa only if you can legally form a binding contract with Treffa, and only in compliance with these Terms and all applicable laws. When you create your Treffa account (e.g. by signing in), you must provide us with accurate and complete information. You can't use Treffa if it would be prohibited by U.S. sanctions. Any use or access by anyone under the age of 13 is not allowed. If you're based in the EEA (European Economic Area), you may only use Treffa if you are at least of the age at which you can provide consent to data processing under the laws of your country. Using Treffa may include downloading software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and these Terms will apply to any updates as well.
- You are responsible for maintaining the confidentiality of your login credentials and any activities that occur under your Account.
4. Treffa Marketplace and Payments
- Our Service allows you to give and receive retail recommendations in an easy and fun way.
- Any agreement for and/or purchase of a Recommended Item is made solely between you and the seller. As we are not the Recommender or Seller of any Recommended Items, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Recommended Items, the truth or accuracy of any picture or description of the Recommended Items or any other content made available by users and we have no liability in this respect. Buyers agree that they shall not attempt to purchase Recommended Items if they are younger than the advertised and legal age restriction.
- Your right to use the Service and participate in the Treffa Marketplace is limited to your one personal account. Using multiple accounts for monetary or social benefit in the Treffa Marketplace will lead to the permanent suspension of your accounts.
5. Your right to use the Service
- The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the Treffa application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the Service in accordance with these Terms of Service.
- Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.
- Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the "Treffa" name, or any of the "Treffa" trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to Treffa.
- These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licenses in respect of Treffa's materials and content, the Service, Treffa name and/or trademarks, other than as set out in these Terms of Service.
6. Your Content
- You confirm that images, sounds, text or information that you submit or create ("User Content") whilst using the Service will meet the Rules of Acceptable Use.
- You grant us a worldwide, non-exclusive, royalty-free, irrevocable and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license, sub-licence, assign, transfer and exploit the User Content (including any intellectual property rights therein) anywhere and in any form for the purposes of providing our Service or for any purpose in connection with the operation of our business.
- We do not check or moderate any User Content before it is added to the Service by users. We may later check, moderate, reject, refuse or delete any User Content if we think that it breaks any of the Rules of Acceptable Use, or we believe it is against the ethos of Treffa.
- User Content removed from the Service may or may not continue to be stored by us, including, without limitation, in order to comply with certain legal obligations. Therefore we encourage you to maintain your own backup of your User Content and you agree that you will not rely on the Service for the purposes of User Content backup or storage. To the extent permitted by applicable law, we shall have no liability for any loss of User Content.
7. Rules of Acceptable Use
In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the "Rules of Acceptable Use").
- You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
- Except as otherwise required by law, you are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to transactions through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this section 7.2.
- When using the Service you must not:
- Create more than one Account on the Service unless we agree otherwise.
- Give any false or misleading information in your Account details.
- Permit another person to use the Service under your name or on your behalf unless you are a business and such person is authorized by you.
- Use the Service if we have suspended or banned you from using it.
- Send junk, bulk, spam or repetitive messages.
- Make a Request, leave a comment or Recommendation, or send a message related to, including, or involving:
- Illegal drugs, substances designed to mimic illegal drugs, or equipment designed for making or using illegal drugs
- Fake references or fake ID-providing services
- Telecommunications manipulation equipment including jamming devices
- Any business or organization that a) engages in, encourages, promotes or celebrates unlawful violence or physical harm to persons or property, or b) engages in, encourages, promotes or celebrates unlawful violence toward any group based on race, religion, disability, gender, sexual orientation, national origin, or any other immutable characteristic
- Any other products or services that are in violation of law in the jurisdictions where you or your business are located or targeted to
- Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization
- Counterfeit goods; illegally imported or exported products
- Unauthorized sale of brand name or designer products or services
- Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party
- Pyramid schemes
- 'Get rich quick' schemes including: investment opportunities or other services that promise high rewards to mislead consumers; schemes that claim to offer high rewards for very little effort or up front work; sites that promise fast and easy money; businesses that make outrageous claims, use deceptive testimonials, use high-pressure upselling, and/or use fake testimonials; (with or without a written contract) offering unrealistic incentives/rewards as an inducement to purchase products or services but do not respond to any queries after the purchase
- No value-added services including sale or resale of a service without added benefit to the buyer and resale of government offerings without authorization or added value
- Sales of online traffic or engagement
- Negative response marketing or telemarketing
- Predatory mortgage consulting, lending, credit repair or counseling services
- Predatory investment opportunities with no or low money down
- Remote technical support; mugshot publication or pay-to-remove sites; essay mills; chain letters; door-to-door sales
- Any other businesses that Treffa or one of its providers (e.g. Stripe considers unfair, deceptive, or predatory towards consumers
- Pornography or other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts
- Adult services including prostitution, escorts, pay-per view, sexual massages, or adult live chat features
- Adult video stores
- Gentleman's clubs, topless bars, or strip clubs
- Law firms collecting funds for purposes other than legal service fee payment
- Bankruptcy attorneys
- Bail bonds
- Guns, gunpowders, ammunitions, weapons, fireworks or other explosives
- Peptides, research chemicals, or other toxic, flammable or radioactive materials
- Games of chance including gambling, internet gambling, sweepstakes and contests, fantasy sports leagues with a monetary or material prize
- Sports forecasting or odds-making with a monetary or material prize
- Bidding fee auctions
- Cannabis products, dispensaries or related businesses
- Products containing any amount of CBD/THC
- Extended warranties or subscriptions over one year
- Sex toys
- Sexually oriented dating services
- Unregistered charities
- Modify, interfere with, intercept, disrupt or hack the Service.
- Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment.
- Collect any data from the Service other than in accordance with these Terms of Service.
- Submit or contribute any User Content (including comments and descriptions relating to Requests or Recommendations or messages) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as Treffa may decide in its absolute discretion.
- Unfairly or unlawfully interfere with or manipulate any ratings, comments or user feedback system.
- Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your content, that are irrelevant to such content).
- Award a Recommendation by making direct arrangements with a Recommender outside the mechanisms provided by the Service.
- Take any action which is deliberately designed to circumvent, reduce or manipulate the Award due a Recommender.
- Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us (as specified in section 9).
- Submit or contribute any derogatory information or commentary about another person without that person's permission, or post private or confidential information via the Service, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, or any other person's phone numbers or email addresses, unless these are purposely advertised by them for public use.
- Mine data, screen scrape or crawl any part of the Service.
- Disassemble, decompile or reverse engineer any part of the Service.
- Use Service APIs directly or in any way independent of the apps provided by Treffa.
- Adapt, copy, vary, edit, distribute or commercialize any content in the Service without the prior written consent of Treffa.
- Circumvent any technical measures implemented to protect or provide the Service.
- Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in but is not limited to our taking all or any of the following actions (with or without notice, and entirely at our discretion):
- immediate, temporary or permanent withdrawal of your right to use our Service;
- immediate, temporary or permanent removal of any User Content (including the removal of Requests, Recommendations, comments, messages, likes, tags, links, descriptions and images displayed on the Service);
- issuing of a warning to you;
- legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including but not limited to the removal of Requests, Recommendations, Comments, Likes, Saves listed on the Service) without notice to you.
8. Notice and Takedown Policy
- Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to firstname.lastname@example.org. Please provide the information described below in the Infringement Notice:
- your name and contact details;
- a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
- a link, screenshot, description or other such means of identifying the problematic content.
- We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
9. Request Fee, Recommender Commission, Payouts
- The creator of a Request will pay a fee (the "Request Fee") to publish it so that Recommenders may provide Recommendations, and winning Recommendations may cause Recommenders to be Awarded a commission (the "Recommender Commission").
- Users of the Service will not directly pay for fees charged by our Transaction Providers (e.g. Stripe) to facilitate payments for Requests.
- Our Transaction Providers (e.g. Stripe) may charge fees outside of processing done by Treffa, e.g. to transfer Awarded funds to your Bank Account, and you should ensure you are familiar with their Terms of Service (e.g. [Stripe's TOS|https://stripe.com/legal/ssa]) which you will have agreed to when you made a Payment or set up a Payout Account.
- Treffa will collect a commission (the "Treffa Commission") from the Request Fee.
- The remaining amount after the commision is subtracted from the Request Fee (the "Request Residual") will be awarded in one of the following ways: to the winning Recommendation selected by the Requester; multiple Recommendations selected by the Requester (if selecting multiple Awardees is supported); to Treffa if no Recommendation is awarded within a significant period of time (a week or more, to be determined by Treffa); or to any or multiple (as determined by Treffa) Recommendations if no Recommendation is awarded within a significant period of time (a week or more, to be determined by Treffa). These options allow Treffa to support both Requesters and Recommenders to our best ability. If a Request didn't receive satisfactory Recommendations, a Requester will need to modify their Request to better express what they need, and republish it before the time period is over. (Note that a Requester may not substantially change the nature of an existing Request.)
- Awards from winning Recommendations will accumulate in a user's Treffa Account. Once the Request Fee has successfully become available to Treffa from our Transaction Providers, and we deem it settled, at our discretion, the corresponding Award becomes available for Payout to a user's Transaction Provider Account (e.g. a Stripe Connected Account). The Recommender may then initiate a Payout, which will follow the Terms of Service of the Transaction Provider. Payouts may incur a fee. Once in a user's Transaction Provider Account, the Awards may be transferred to a user's Bank Account, following the Terms of Service of the Transaction Provider.
- Earning awards may incur tax liabilities, and our Transaction Providers may provide optional services for managing such tax liabilities for a fee.
10. Ending our Relationship
- If at any time you decide you no longer agree to these Terms of Service or any changes made to the Terms of Service or the Service, you must immediately stop using the Service.
- If you wish to end your use of the Service, please deactivate your account from your account settings in your app.
- We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Service.
- We may also withdraw the Service for any reason, without notice, at any time and without any liability to you.
- If you or we end your use of the Service or we withdraw the Service as described in this clause, we may delete or modify your User Content, Account or any other information we hold about you. You will also lose any rights you have to use the Service or access our content or your User Content. We will not offer you compensation for any losses. You should note that even if your Account is deactivated, some of your data may persist and appear within the Service, for example, but not limited to, where others have interacted with your User Content.
- After your account has been deactivated, Treffa will make a best effort attempt to transfer any remaining Awards deemed at Treffa's sole discretion to be fully settled to a connected Transaction Provider account if available.
11. Our liability/responsibility to you
- You alone decide whether to make a Request, leave a Recommendation, or purchase a Sale Item. As such, we make no commitments regarding the accuracy of the Recommendation, including the Sale Items quality, and accuracy of the given description, or the ability of the buyer to complete any purchase of the Sale Items.
- Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of software, telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations, and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
- Treffa is not responsible or liable for any loss or harm caused by viruses, worms or other programs designed to impair the Service.
- You may access third party links, websites, or products via the Service. Treffa is not responsible or liable for any third party links, websites, or products which may be accessed by you at your sole option. Your access to and use of such third party links, websites, or products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
- For any other claims arising out of the provision of the Service (including without limitation any dispute between users where this does not fall within item 4 above, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort, or otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
12. Your responsibility to us
- If Treffa is sued due to an action or inaction by you (including a breach of these Terms of Service), then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defense of such a claim, you agree to assist us as reasonably requested.
13. Changes to the service
- We are constantly updating and improving the Service to try to find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.
- In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service, features that you use and your User Content "Service Elements". Any changes to the Service could involve Service Elements being deleted or reset.
- You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service.
14. Changes to these Terms of Service
- We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
- Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
- We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via email.
- Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
15. Documents that apply to our relationship with you
- The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version at this link.
- We intend to rely on these Terms of Service as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Service cannot be enforced then the remainder of the Terms of Service will still apply to our relationship.
- If you do not comply with these Terms of Service and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
16. Contact, feedback and complaints
- If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please contact us at email@example.com.
- We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.