1. Acceptance of Terms
By accessing and using TrimmerOne ("the Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. Your continued use of the Service following any modifications to these Terms constitutes acceptance of those modifications.
2. Description of Service
TrimmerOne provides a cloud-based platform for tracking and managing trimming operations, including batch management, inventory tracking, team management, and reporting. The Service is a data management and operational tool designed to assist users in organizing and recording their production data.
3. User Accounts
To use TrimmerOne, you must:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Be at least 18 years old or the age of majority in your jurisdiction
- Comply with all applicable laws and regulations
- Notify us immediately of any unauthorized access to your account
- Accept responsibility for all activities that occur under your account
4. Acceptable Use
You agree not to:
- Use the Service for any illegal purpose or in violation of any applicable law
- Interfere with or disrupt the Service or its infrastructure
- Attempt to gain unauthorized access to systems, networks, or data
- Upload malicious code, viruses, or harmful content
- Impersonate others or misrepresent your affiliation with any entity
- Reverse engineer, decompile, or disassemble any part of the Service
- Use automated systems to access the Service without our prior written consent
5. Subscription and Payments
Subscription terms:
- Subscriptions are billed monthly or annually in advance
- You authorize us to charge your payment method automatically at each renewal period
- Prices are subject to change with 30 days prior written notice
- All subscription fees are non-refundable. We do not issue refunds, credits, or pro-rated reimbursements for partial billing periods, unused time, downgrades, or accounts cancelled mid-cycle.
- You may cancel your subscription at any time from your account settings. Cancellation stops future renewals and takes effect at the end of the current billing period; you retain full access through the end of the period you have already paid for, after which no further charges will be made.
- Free trial periods, if offered, will automatically convert to a paid subscription unless cancelled before the trial ends. No refunds will be issued for the first paid period following a trial conversion.
6. Data and Privacy
Your use of TrimmerOne is also governed by our Privacy Policy, which describes how we collect, use, store, and disclose your personal information and production data.
You retain all rights to your data. We will not access, use, or disclose your data except as necessary to provide and improve the Service, comply with legal obligations, or as otherwise described in our Privacy Policy. We may share anonymized, aggregated data with third-party service providers who assist in operating the Service, subject to appropriate confidentiality obligations.
7. Intellectual Property
TrimmerOne and its original content, features, functionality, software, designs, and branding (including the TrimmerOne® name and logo) are owned by TrimmerOne, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on the Service without our express prior written permission.
7a. License Grant
Subject to your compliance with these Terms and timely payment of all applicable fees, TrimmerOne grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during the term of your active paid subscription (or trial period). This license terminates automatically upon expiration, cancellation, or termination of your subscription. All rights not expressly granted are reserved by TrimmerOne. You may not (a) sublicense, resell, rent, lease, or otherwise transfer the Service to any third party; (b) use the Service to provide services to third parties as a service bureau; or (c) remove or obscure any proprietary notices in the Service.
8. Disclaimer of Warranties / "As-Is" Software
THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by applicable law, TrimmerOne disclaims all warranties, express or implied, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Service will be uninterrupted, timely, secure, or error-free
- Warranties regarding the accuracy, reliability, or completeness of any information provided through the Service
- Warranties that defects will be corrected or that the Service is free of viruses or other harmful components
You use the Service at your sole risk. No advice or information, whether oral or written, obtained from TrimmerOne or through the Service shall create any warranty not expressly stated in these Terms.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIMMERONE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO TRIMMERONE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
TrimmerOne shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labor disputes, power failures, internet or telecommunications failures, or governmental actions. TrimmerOne expressly disclaims liability for data loss, data corruption, business interruption, loss of revenue, or any third-party claims arising from your use of the Service.
9a. Limited Warranty and Service Level
Notwithstanding the "AS-IS" disclaimer in Section 8, TrimmerOne provides the following limited, affirmative commitments to paid subscribers:
- Uptime target: TrimmerOne targets 99.5% monthly availability of the core production-tracking Service, measured monthly and excluding (a) scheduled maintenance announced at least 24 hours in advance, (b) emergency maintenance, (c) force majeure events, (d) failures of third-party services outside TrimmerOne's reasonable control, and (e) issues caused by Customer's systems, integrations, or misuse.
- No-refund policy: Subscription fees are non-refundable. To make cancellation simple and avoid the need for refunds, you may cancel at any time from Settings → Subscription; access continues through the end of the billing period you have already paid for, after which billing stops automatically. We do not issue refunds for partial periods, unused time, downgrades, accounts cancelled mid-cycle, or charges incurred when a free trial converted to a paid subscription.
- Sole and exclusive remedy: Customer's sole and exclusive remedy, and TrimmerOne's sole and exclusive liability, for any failure of the foregoing uptime commitment is, at TrimmerOne's election, a service credit applied to a future billing period. No cash refunds are provided.
10. No Consequential Damages
IN NO EVENT SHALL TRIMMERONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TRIMMERONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Compliance Disclaimer / No Regulatory Responsibility
TrimmerOne is a data management and operational tool only. TrimmerOne does not guarantee, ensure, or otherwise represent that your use of the Service will result in compliance with any federal, state, local, or international laws, regulations, ordinances, or industry standards.
- You are solely responsible for ensuring that your operations comply with all applicable laws and regulations in your jurisdiction
- TrimmerOne does not provide legal, regulatory, compliance, or professional advice of any kind
- The Service does not replace the need for professional legal counsel, compliance officers, or regulatory advisors
- You must independently verify all compliance obligations applicable to your business
- Any reports, data, or features provided by the Service are for informational purposes only and should not be relied upon as legal or compliance guidance
- TrimmerOne makes no representations about the suitability of the Service for any particular regulatory environment or jurisdiction
12. Indemnification
You agree to indemnify, defend, and hold harmless TrimmerOne, its officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or third-party right; (d) any content or data you submit, post, or transmit through the Service; or (e) any activity conducted through your account, whether or not authorized by you. This indemnification obligation shall survive the termination of these Terms and your use of the Service.
13. Termination
Either party may terminate this agreement at any time:
- By you: You may cancel your subscription and terminate your account at any time through your account settings. Cancellation takes effect at the end of the current billing period.
- By TrimmerOne: We may suspend or terminate your access immediately and without prior notice for violation of these Terms, non-payment, or any conduct that we determine, in our sole discretion, to be harmful to the Service, other users, or third parties.
- Effect of termination: Upon termination, your right to use the Service ceases immediately. You will have a 30-day window after termination to export your data. After this period, we may permanently delete all data associated with your account.
- Survival: Sections regarding disclaimers, limitations of liability, indemnification, and governing law shall survive termination of these Terms.
14. AI Assistant Features
TrimmerOne offers AI-powered features to help you analyze and understand your production data. By using these features, you acknowledge and agree to the following:
14.1 Feature Availability
- AI Assistant is available only on Professional and Enterprise subscription tiers
- Access is restricted to users with Manager, Admin, or SuperAdmin roles
- We reserve the right to modify, suspend, or discontinue AI features at any time
- Beta testers and trial users may have temporary access to AI features
14.2 Token Usage Limits
- Professional plan: 1,500,000 tokens per month
- Enterprise plan: 5,000,000 tokens per month
- Tokens measure the amount of text processed by the AI (approximately 750 words = 1,000 tokens)
- Usage resets monthly based on your billing cycle
- Once your monthly limit is reached, AI features will be unavailable until the next billing period or until you upgrade your plan
- We may implement rate limiting to prevent abuse and ensure fair access for all users
14.3 AI Accuracy and Limitations
IMPORTANT DISCLAIMER: AI-generated responses are provided "as-is" and may contain errors, inaccuracies, or incomplete information. You acknowledge that:
- AI responses are generated by machine learning models and are not guaranteed to be accurate, complete, or reliable
- You must verify all AI-generated information before making business, compliance, or operational decisions
- AI responses do not constitute professional advice (legal, financial, compliance, or otherwise)
- We are not liable for any decisions made or actions taken based on AI-generated content
- The AI may occasionally produce unexpected or inappropriate responses despite our efforts to prevent this
14.4 Acceptable Use of AI Features
You agree NOT to use AI features to:
- Attempt to extract, reverse engineer, or discover the AI model's training data
- Generate content for illegal purposes or activities
- Create misleading, fraudulent, or deceptive content for compliance reporting
- Abuse the system through excessive requests or adversarial prompts designed to produce harmful outputs
- Share AI-generated responses containing sensitive business data with unauthorized parties
- Rely solely on AI for critical compliance, safety, or regulatory decisions without human review
14.5 Data Processing and Privacy
- Your queries and relevant production data are sent to our AI service provider for processing
- AI conversations are stored in our database for conversation history and to improve service quality
- Your individual data is not used to train AI models
- See our Privacy Policy for complete details on AI data processing
14.6 Changes and Updates
We may modify AI features, token limits, pricing, or availability at any time. Material changes affecting your subscription will be communicated with reasonable notice. Continued use of AI features after changes constitutes acceptance of the modified terms.
15. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must discontinue use of the Service.
16. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Colorado, USA, without regard to its conflict of law provisions. Subject to the binding arbitration provision in Section 16a, any judicial proceeding permitted under these Terms shall be brought exclusively in the state or federal courts located in Denver, Colorado, and you consent to the personal jurisdiction of such courts.
16a. Binding Arbitration and Class-Action Waiver
PLEASE READ CAREFULLY. THIS SECTION REQUIRES YOU AND TRIMMERONE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.
- Agreement to arbitrate: Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") will be resolved by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect.
- Seat and procedure: Arbitration will be seated in Denver, Colorado, before a single arbitrator. The arbitrator's award will be final and may be entered in any court of competent jurisdiction.
- Individual basis only: All Disputes will be arbitrated on an individual basis. You and TrimmerOne each waive any right to participate in a class action, class arbitration, consolidated action, or representative proceeding. The arbitrator may not consolidate more than one party's claims and may not preside over any form of representative or class proceeding.
- Jury-trial waiver: You and TrimmerOne each knowingly and voluntarily waive any right to a trial by jury for any Dispute permitted to proceed in court.
- Small-claims carve-out: Either party may bring an individual action in small-claims court for any qualifying Dispute, in lieu of arbitration.
- Injunctive relief carve-out: Either party may seek injunctive or equitable relief in court to protect intellectual property or confidential information pending arbitration.
- 30-day opt-out: You may opt out of this arbitration agreement by sending written notice to legal@trimmerone.com within thirty (30) days of first accepting these Terms, including your full name, email associated with your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other provision of these Terms.
- Severability: If the class-action waiver is found unenforceable, the entire arbitration provision (other than this severability clause) will be null and void as to the affected Dispute.
17. DMCA Notice and Takedown
TrimmerOne respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"). If you believe content on the Service infringes your copyright, please send a written notice to our designated agent containing:
- A physical or electronic signature of the copyright owner or authorized representative
- Identification of the copyrighted work claimed to be infringed
- Identification of the allegedly infringing material and its location on the Service (URL or sufficient detail to locate it)
- Your contact information (address, telephone number, email)
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the owner
Send notices to our designated DMCA agent: legal@trimmerone.com. Counter-notices may be submitted by following the procedure in 17 U.S.C. § 512(g). TrimmerOne maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.