Random Truffle Terms of Service
Effective Date: August 27, 2025
Version: 1.0
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
This Terms of Service agreement (“Agreement”) is a legal agreement between you (“Customer,” “you,” or “your”) and Random Truffle (“Random Truffle,” “we,” “us,” or “our”) governing your use of the Random Truffle marketing and advertising platform (the “Service”).
1. Acceptance of Terms
By creating an account, accessing the Service, or by executing an Order Form that references this Agreement, you agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms.
2. The Service
- Description: Random Truffle provides an AI-native platform that allows Customers to unify data from various sources, analyze it using AI-powered tools, and activate audiences on third-party advertising platforms.
- Modifications: We reserve the right to modify or discontinue the Service (or any part thereof) with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
3. Customer Accounts
- Registration: You must provide accurate, current, and complete information during the registration process and keep your account information updated.
- Responsibilities: You are responsible for all activities that occur under your account. You must maintain the security of your account credentials and immediately notify us of any unauthorized use.
4. Customer Data and Responsibilities
- Data Ownership: As between you and Random Truffle, you retain all right, title, and interest in and to all data you connect, upload, or integrate into the Service (“Customer Data”). You grant us a worldwide, non-exclusive, royalty-free license to use, process, and transmit Customer Data solely to the extent necessary to provide the Service to you.
- Your Responsibilities: You are solely responsible for the accuracy, legality, and content of your Customer Data. You represent and warrant that you have obtained all necessary rights, consents, and permissions to provide your Customer Data to us for the purposes contemplated by this Agreement.
- AI and Machine Learning: The Service utilizes AI and machine learning models. As detailed in our Privacy Policy, any models trained for predictive features are trained exclusively on your Customer Data within your secure, isolated environment and are not shared with or used for any other customer.
5. Acceptable Use
You agree not to use the Service to:
- Upload or transmit any data that is unlawful, harmful, or infringes on any third-party rights.
- Attempt to reverse engineer, decompile, or otherwise discover the source code of the Service.
- Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
- Use the Service for any purpose other than your own internal business purposes.
6. Fees and Payment
- Subscription Fees: You agree to pay all fees specified in the applicable Order Form. All fees are non-cancelable and non-refundable, except as expressly stated in this Agreement.
- Payment Terms: Fees will be invoiced in advance on a monthly or annual basis, as specified in the Order Form. You are responsible for providing complete and accurate billing and contact information.
- Taxes: Our fees do not include any taxes, levies, or duties. You are responsible for paying all such taxes, excluding only taxes based on our net income.
7. Intellectual Property
- Our IP: We own all right, title, and interest in and to the Service, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
- Feedback: If you provide us with any suggestions, ideas, or other feedback relating to the Service (“Feedback”), we will have the right to use such Feedback for any purpose without any obligation or compensation to you.
8. Confidentiality
“Confidential Information” means all information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential. Each party agrees to use the other’s Confidential Information solely to perform its obligations under this Agreement and not to disclose it to any third party without prior written consent.
9. Disclaimers
THE SERVICE IS PROVIDED “AS-IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL RANDOM TRUFFLE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT WILL WE BE LIABLE FOR ANY LOST PROFITS, REVENUE, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
11. Indemnification
You agree to defend, indemnify, and hold harmless Random Truffle, its officers, directors, and employees from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Service or your breach of this Agreement.
12. Term and Termination
- Term: This Agreement commences on the date you first accept it and continues for the subscription term specified in your Order Form.
- Termination for Cause: Either party may terminate this Agreement for cause if the other party is in material breach and fails to cure such breach within thirty (30) days of receiving written notice.
- Effect of Termination: Upon termination, your right to use the Service will immediately cease. We will have no obligation to maintain your Customer Data and may delete it in accordance with our data retention policies.
13. General Provisions
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
- Entire Agreement: This Agreement, including any Order Forms, constitutes the entire agreement between the parties and supersedes all prior agreements.
- Assignment: You may not assign this Agreement without our prior written consent.
- Contact Information: If you have any questions about this Agreement, please contact us at legal@randomtruffle.com.