Terms & Conditions - TRYNGGi Technologies

Effective date: August 21, 2025

These Terms of Service and Use (the “Terms”) govern access to and use of TRYNGGi Technologies’ website, products, and services, including websites, web apps, mobile apps, ecommerce setups, WhatsApp marketing, integrations, AI tools, consulting, retainers, and related digital deliverables (collectively, the “Services”). By accessing or using the Services, the user agrees to these Terms and the Privacy Policy.

If an Order Form, Proposal, or Master Services Agreement (collectively, “Order”) is signed, that Order prevails over these Terms to the extent of any conflict.

1. Eligibility and Accounts

The user must be at least 18 years old and capable of entering a binding contract.

The user is responsible for the accuracy of registration details and for safeguarding account credentials; all activity under the account is the user’s responsibility.

TRYNGGi may suspend or terminate access for policy breaches, fraud, non-payment, or security risks.

2. Orders, Scope, and Changes

Each project’s scope, timeline, deliverables, and price are defined in the Order.

Scope changes require written approval via a Change Order with adjusted fees/timelines.

Timeframes depend on timely content, approvals, and third‑party access provided by the user.

3. Fees, Billing, and Taxes

Fees are due as stated in the Order; payment gateways may apply processing fees.

Prices exclude taxes unless specified; applicable taxes are the user’s responsibility.

Late payments may lead to suspension of work and incur interest or reactivation fees.

4. Cancellations and Refunds

Refunds follow TRYNGGi’s Refund and Return Policy published on the website and referenced in the Order.

Third‑party costs (domains, hosting, ads, SMS/WhatsApp credits, paid APIs, plugins, stock assets) are non-refundable.

Retainers/subscriptions are billed in advance; cancellations apply from the next billing cycle per the policy.

5. User Responsibilities

Provide accurate content, approvals, brand assets, legal notices, and required access promptly.

Ensure all supplied materials (logos, copy, images, data) are owned or licensed and comply with law.

Maintain backups of data/content shared for projects; TRYNGGi is not liable for user-side data loss.

6. Acceptable Use

The user will not:

Violate laws, infringe IP or privacy rights, or publish unlawful, harmful, or deceptive content.

Interfere with or disrupt the Services, attempt to bypass security, or conduct reverse engineering except as permitted by law.

Engage in spam, unsolicited messages, or platform abuse; WhatsApp/SMS/email use must follow relevant policies and anti-spam laws.

Upload malware or harmful code.

7. Third‑Party Services and Platforms

The Services may integrate third‑party tools (hosting, payment gateways, analytics, communication, APIs).

Third‑party terms govern those tools; TRYNGGi is not responsible for third‑party availability, pricing, policies, or data handling.

The user authorizes TRYNGGi to configure such tools as necessary for the project.

8. Intellectual Property

Pre-existing IP: Each party retains ownership of its pre-existing IP.

Work Product: Upon full payment, the user receives the rights specified in the Order (e.g., license or ownership of deliverables). Internal frameworks, scripts, and processes remain TRYNGGi’s IP unless expressly transferred.

Portfolio Use: TRYNGGi may reference non-confidential outcomes (screenshots, logos, case summaries) for portfolio and marketing, unless the user opts out in writing.

9. Content and Data

The user is solely responsible for the accuracy, legality, and compliance of all content provided and published.

Regulatory duties (e.g., consumer disclosures, accessibility, privacy notices, cookie consent, tax display, return policy) are the user’s responsibility unless expressly included in scope.

For ecommerce and messaging, the user must obtain valid consents and honor opt-outs.

10. Confidentiality

“Confidential Information” includes non-public business, technical, financial, and customer information disclosed by either party.

The receiving party will use it solely for project purposes, protect it with reasonable care, and not disclose it to third parties except to necessary personnel under similar obligations.

Exclusions: information that is public, independently developed, or lawfully obtained without restriction.

11. Privacy

TRYNGGi processes limited personal data to deliver the Services and communicate updates.

Data handling is described in the Privacy Policy; the user must share only necessary personal data and ensure a lawful basis for processing any end-user data provided.

12. Security

TRYNGGi applies reasonable administrative and technical safeguards consistent with the nature of the Services.

No system is fully secure; the user should implement independent backups and security practices (e.g., 2FA, password hygiene, role-based access).

13. Delivery, Revisions, and Acceptance

Each milestone includes defined review rounds as stated in the Order.

Deliverables are deemed accepted upon the earlier of written approval or 7 days after delivery if no material issues are reported in writing.

Bug fixes within scope reported within 14 days after final delivery are remediated at no charge; enhancements or new features are billable.

14. Warranties and Disclaimers

TRYNGGi warrants it will perform Services in a professional and workmanlike manner.

EXCEPT AS EXPRESSLY STATED, THE SERVICES AND WORK PRODUCT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

Performance of third‑party services, search engine rankings, ad results, and platform approvals are not guaranteed.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYNGGi’S TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE FEES PAID BY THE USER FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM.

TRYNGGi IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, REVENUE, DATA, OR BUSINESS INTERRUPTION.

16. Indemnity

The user will defend and indemnify TRYNGGi against claims arising from: (a) user content or instructions; (b) use of the Services in violation of law or these Terms; (c) alleged infringement due to materials supplied by the user.

17. Suspension and Termination

TRYNGGi may suspend or terminate access for cause (e.g., non-payment, policy violations, security issues).

Either party may terminate an Order for a material breach not cured within 10 days of written notice.

Upon termination, accrued fees remain due; TRYNGGi will provide available deliverables created and paid for up to the termination date.

18. Non‑Solicitation

During the engagement and for 6 months thereafter, the user will not solicit TRYNGGi employees or contractors for employment or contract, except via public postings not targeted at TRYNGGi personnel.

19. Compliance and Export

The user represents the Services will not be used in violation of applicable laws, sanctions, or export controls.

20. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (e.g., internet outages, platform downtime, natural disasters, governmental actions).

21. Governing Law and Dispute Resolution

The governing law and jurisdiction will be as specified in the Order; if unspecified, the laws and courts of the state/region of TRYNGGi’s principal place of business apply.

Parties will first attempt good-faith negotiation; failing that, disputes may proceed in the specified courts. Injunctive relief for IP or confidentiality breaches may be sought without bond.

22. Communications and Notices

Official notices must be sent to the contacts stated in the Order or via the Contact page.

Operational updates may be sent by email, WhatsApp, or within the project portal.

23. Changes to Terms

TRYNGGi may update these Terms periodically. Material changes will be indicated by updating the effective date. Continued use of the Services after updates constitutes acceptance.

24. Severability and Entire Agreement

If any provision is unenforceable, the remainder remains in effect.

These Terms together with the Order and referenced policies constitute the entire agreement regarding the Services.

25. Contact

Support: as listed on the Contact page.