Last Revised: Nov 18, 2016
Welcome to the Trōv community! We’re excited that you’re here. In order for us to help you best organize and protect the things you own, we ask that you carefully review and abide by these Terms of Service. We know that legal documents can sometimes be a pain to read, but we’ve done our best to simplify our documents so that they’re easier to understand.
This document is split into four short sections:
What are the Terms of Service?
Note, if Trōv Protection (“Protection”) is available in your jurisdiction and you decide to purchase Protection, then you agree to abide by additional terms of protection in relation to the Trōv Service (including that Protection) that are inclusive of the insurer’s Privacy Statement and other associated terms specific to the jurisdiction in which you obtain your insurance. Be sure to carefully review the Terms of Protection if you decide to purchase Protection. If Protection is not available in your jurisdiction, the parts of these Terms that refer to Protection don’t apply to you.
Who are the parties involved in the Terms of Service?
You make up one party in the contract. “You” or “your” refers to you, as the Trōv User. The other party in the contract is dependent on your region. If you reside in the United States, then the other party to this contract is Trōv Inc., headquartered in California. If you reside in Australia, then the other party to this contract is Trōv International Australia Pty Ltd (ACN 608 740 558) and if you reside in the United Kingdom then the other party to this contract is Trōv International UK Ltd. Throughout the Terms, Trōv Inc., Trōv International Australia Pty Ltd and Trōv International UK Ltd may be referred to as “Trōv”, “we”, “our” or “us.” For clarity, many of the headers in this document are phrased as questions from the Trōv User to us and represented with “I” or “my”. This is for convenience only and has no legal or contractual effect.
Will the Terms of Service ever change?
As the product and business environment changes we may need to update these Terms in order to best deliver the Trōv Service, including Protection. When we make material changes to the Terms, we’ll provide you with a prominent notice as appropriate under the circumstances, e.g., by displaying a notice within the Trōv Service or by sending you an email. By continuing to use the Trōv Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you must stop using the Trōv Service, including Protection.
Trōv is an application that helps you organise important information about the things you own and protect them. As such, you need to add information about both yourself and your items (your “Content”) to your Trōv in order to use the Trōv Service. We treat your Content with the utmost discretion. The following section describes how we handle your Content in relation to the Trōv Service.
How is my Content used to provide the Trōv Service?
In order to provide to you the Trōv Service, it is necessary that we compile, modify and publish your Content back to you. Accordingly, you grant Trōv a non-exclusive, royalty-free, worldwide license to use, store, display, reproduce, modify and create derivative works of your Content solely (except as provided below) for the purpose of providing you with the Trōv Service. We reserve the right to remove or modify Content for any reason, including Content that we believe violates these Terms or our policies.
To the extent that we acquire any rights in relation to the information that constitutes your Content by your provision of that Content to us, you acknowledge and agree that we may either hold those rights ourselves or jointly with one or more of our partners.
By using the Trōv Service, you grant Trōv the right to:
How does Trōv handle my Personal Content?
Can I share my Content with others?
Yes, if you choose. You can forward Content from your Trōv to third parties using the sharing functionality built in to the Trōv Service. If you choose to share your Content with third parties, you grant to such persons a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your Content.
How do I delete my Content?
We appreciate you as a member of the Trōv Community, but if you would like to stop using the Trōv Service, you may. It is up to you to delete the items and information in your Trōv if you so desire. You can deactivate your account through the settings menu in the Trōv app. Following termination or deactivation of your Trōv Account, or if you remove any Content from the Trōv Service, we may retain your Content for a commercially reasonable period of time for backup, archival, or audit purposes.
If you’ve purchased Protection for items in your Trōv, then they cannot be deleted as we are required to retain a detailed record of these items for audit purposes. Furthermore, if you wish to deactivate your account and you have items that are protected, you must cancel this Protection before your account can be deactivated.
By using the Trōv Service, you agree to be bound by these Terms, and to use the Trōv Service only within these Terms. You also may only use the Trōv Service if you have the ability to form a contract with us, and are not prohibited from entering into a contract with us by any applicable laws. The Trōv Service is not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13. You agree that we may make changes to the Trōv Service from time to time and automatically update any software associated with the Trōv Service, and these Terms will apply to the Trōv Service and such updates following any such change.
Are there rules about how I use the Trōv Service?
As a user of the Trōv Service, we expect that you behave responsibly. Your use of the Trōv Service is subject to our User Guidelines.
Can I connect to third parties through the Trōv Service?
Yes, the Trōv Service contains links to third party websites, partners, or resources. While we attempt to fully vet such partners, their offerings and linking websites, we are not responsible or liable for their availability, accuracy, the related content, products, or services. You understand and agree that Trōv is not a party to any agreement entered into between you and such third party providers, and that you are solely responsible for your use of any such websites, resources and services.
Some of Trōv’s third party service providers require that Trōv Users agree to their terms of service. If you elect to use any of such services you agree to abide by the Third Party Terms and Conditions. This includes, if you purchase Protection, terms associated with our third party payment service providers.
Are there additional terms if I choose to purchase Protection?
Yes, if you choose to purchase Protection for any items via the Trōv Service, then you agree to abide by additional terms of protection that include the insurer’s Privacy Statement specific to the jurisdiction in which you obtain Protection and other associated terms specific to that jurisdiction. All documentation associated with purchased Protection is made readily available to you via the Trōv app and/or by email to your nominated email address.
Protection in Australia
Trōv International Australia Pty Ltd (ACN 608 740 558) (“Trōv Australia”) is an Authorised Representative (001236731) of AAI Limited ABN 48 005 297 807 AFSL 230859 who is the issuer of Protection in Australia. If and to the extent (if any) that the Trōv Service (including any Protection) involves Trōv Australia providing financial services, Trōv Australia provides those services as Authorised Representative.
All Protection documentation, including the Product Disclosure Statement, Financial Services Guide and any other related product or service communications will be made available to you within the Trōv app and/or emailed to your nominated email address (as an email attachment or secure website link). Each electronic communication will be deemed to be received by you at the time it leaves our information system.
Protection in the United Kingdom
Trōv International UK Ltd is an appointed representative of AXA Insurance UK plc. This protection is underwritten by AXA Insurance UK plc. AXA Insurance UK plc is registered in England No. 78950. Registered Office: 5 Old Broad Street, London, EC2N 1AD. AXA Insurance UK plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority under registration number 202312.
The Trōv Service is protected by common intellectual property rights, including copyright, trademark, and other laws of the United States, Australia, the European Union, the United Kingdom and other foreign countries. These Terms do not grant you any rights to use the Trōv trademarks, logos, domain names, or other brand features. Trōv honors the rights of others with respect to their intellectual property. We will respond to any properly submitted notices complying with applicable laws. Please see our DMCA Policy for detailed instructions on how to submit an alleged copyright infringement notice.
Trōv Service is Available “AS-IS”
Despite our best intentions, there are things that we cannot promise. For example, to the extent permitted by law, we do not provide you any warranties in or in relation to the Trōv Service. As such, we highlight that: TO THE EXTENT PERMITTED BY LAW, THE TRŌV SERVICE AND ANY RELATED SOFTWARE ARE PROVIDED “AS-IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. To the extent permitted by law, we assume no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Trōv Service. Note that some jurisdictions do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE EXTENT PERMITTED BY LAW WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUES OR SAVINGS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY FOR DAMAGES TO YOU OR ANY THIRD PARTY SHALL NOT EXCEED, IN THE AGGREGATE, THE AMOUNT OF TEN U.S. DOLLARS ($10). YOU ACKNOWLEDGE THAT THE LIMITATIONS ON LIABILITY IN THIS SECTION ARE REASONABLE AND THAT THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN US, OUR AFFILIATES AND YOU, AND THAT THE PARTIES HAVE RELIED UPON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THIS AGREEMENT. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES PROVIDED TO YOU IN THIS AGREEMENT ARE EXCLUSIVE. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.
To the extent permitted by law, you agree to release, defend, indemnify, and hold Trōv and its affiliates harmless from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your access to or use of the Trōv Service or your violation of the Terms or any applicable law; (b) your Content; and (c) your use of third party services (including those referred to you by Trōv).
Miscellaneous Legal Terms
THESE TERMS AND THE USE OF THE TRŌV SERVICE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE TRŌV SERVICE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SAN FRANCISCO COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRŌV ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. These Terms, together with any amendments and any additional agreements you may enter into with Trōv in connection with the Trōv Service constitute the entire and exclusive agreement between you and us with respect to the Trōv Service, and supersede and replace any other agreements, terms and conditions applicable to the Trōv Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. These Terms create no third party beneficiary rights. Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign these Terms without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Trōv and you are not legal partners or agents; our relationship is that of independent contractors.
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