Thank you for choosing Trickle. These Terms govern your use of Trickle’s Services and help to define our contractual relationship. By providing you with these Terms, we aim to act transparently and try to, proactively, answer any questions you might have regarding our services, payment, subscription term, etc. By using our Services, you agree with the latest version of these Terms. We kindly ask you to read these Terms carefully and keep them in mind every time you use our Services.
I. DEFINITIONS & APPLICABILITY
1. Definitions
Agreement: a proposal, quotation or other commercial agreement or the arrangements containing the practical modalities relating to the Services between Trickle and the Customer;
Customer: every legal entity or self-employed person entering into an Agreement for the use of the Services of Trickle;
Customer Data: refers to all information, data, and content that is uploaded, transmitted, or otherwise made available by the Customer and its Users through the (direct or indirect) use of the Solution. This includes, but is not limited to, personal data of the Customer's clients or employees or the Users, calendar content, feedback, survey responses, practical information disseminated via communication channels, user accounts, usage statistics, and any other data generated from interactions with the Solution;
Fee: all fees to be paid by the Customer, including but not limited to the Subscription fee;
Force Majeure: all circumstances which were reasonably unforeseeable at the time the Agreement was concluded, are unavoidable, and create (i) the inability on the part of a party to carry out the Agreement, or (ii) make the implementation of the Agreement harder or more difficult than normally anticipated (financially or otherwise). For example (but not limited to): hardship, natural disasters, war (threats of) terrorism, strikes, lock-out, diseases, pandemics, shortage of personnel, organisational conditions, confiscation, fire, scarcity of (raw) materials, bankruptcy or delays on the part of suppliers or subcontractors;
User: every individual that has a Trickle Seat, and all individuals that were invited by a Trickle user to create a guest account and link their e-mail address, calendar, etc.;
Privacy Legislation: the (supra)national privacy legislation, applicable on the processing of personal data by Trickle or the Customer, related to the execution of the Agreement, such as, but not limited to (i) the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’ or ‘GDPR’), (ii) Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘E-privacy Directive’), (iii) the Belgian Data Protection Law of 30 July 2018 and any other or future implementation in national legislations;
Seat: the user account that enables each User of the Customer to access Trickle’s Solution.
Services: all services provided by Trickle to the Customer, as was agreed upon in the context of the Agreement.
Solution: the 'Software as a Service' application developed by Trickle providing customers with AI-driven tools to schedule meetings, manage calendars and optimise time management;
Subscription: the use and access rights granted by Trickle to the Customer and its Users to access and use the Services, the functionalities of which will vary depending on the Tier;
Terms: these Terms and Conditions;
Tier: the Subscription-type selected by the Customer;
Trickle (or we | us): the private limited liability company (“besloten vennootschap”) Innovation Ventures, incorporated and existing under the laws of Belgium, with registered office at BE 3140 Kempische Steenweg 293/16, 3500 Hasselt, Belgium, with company / VAT number BE-0788.646.424;
Website: www.trickle.ai, as well as any subdomains or other/future websites of Trickle.
2. Applicability of the Terms
2.1. Unless explicitly determined otherwise in writing, the entire relation between Trickle and the Customer is governed by, in descending hierarchical order (i) the Master Agreement between Customer and Trickle (if any), (ii) these Terms, (iii) the data processing terms (if any), and (iv) Belgian law.
2.2. These Terms are specifically tailored to the use of the Services and are thus best suited to govern the relation between Trickle and the Customer. Therefore, the Customer agrees these Terms shall always take precedence over its own terms and conditions, which shall not be enforceable against Trickle (even if the Customer declares them the only valid terms).
2.3. By requesting a price quote, placing an order or concluding an agreement, the Customer acknowledges that they are aware of and have accepted these Terms.
II. GENERAL TERMS AND CONDITIONS
3. Conclusion of the Agreement
3.1. Trickle shall determine the scope of the Services together with the Customer and shall subsequently provide the Customer with a quotation and proposed scope as part of an Agreement. The Customer acknowledges that the Agreement can be signed electronically.
3.2. The specifications, capabilities, technical features and other details regarding the Services on the Website or in a demo are only to be considered approximations. This information only binds Trickle insofar as explicitly stated in the Agreement.
4. The Services
4.1. Trickle grants the Customer a temporary, personal, limited, non-exclusive and non-transferable use and access right to the Solution, in accordance with the Acceptable Use Policy (cfr. Part III of these Terms).
4.2. All Trickle’s obligations related to the Services shall be best efforts obligations. Hence, Trickle shall always provide the Services with appropriate care and in good faith, and serve the Customer to the best of its understanding, skill insight and ability, as can reasonably expected from a professional experienced in services of comparable scope, complexity and size (‘best effort obligation’).
4.3. If Trickle develops additional functionalities, it will inform the Customer thereof, and -if the Customer requests such functionality- integrate it in its Subscription and invoice the additional agreed upon fee.
4.4. The Customer acknowledges and agrees that it is not possible to reduce the Project Budget/Tier during the term of an ongoing Subscription of the Agreement.
5. The Solution
5.1. The Solution
5.1.1. The Solution is provided to the Customer “AS-IS”. The Customer confirms it does not base its reliance on the Solution upon the development of any future functionality, features or data connectivity.
5.1.2. Trickle shall use its best effort to maintain the availability of the Solution as much as possible, but shall never guarantee the uninterrupted, error-free availability. In the event of problems with the availability of the Solution, Trickle undertakes its best effort to solve such issue as soon as reasonably possible, without offering any guarantees. In any case and where appropriate, Trickle shall be free to determine what is to be considered an adequate solution.
5.1.3. Trickle does not guarantee that the Solution will operate completely error-free and automatically with all types or new versions of internet browsers, operating systems, mobile operating systems or any other software.
5.1.4. Trickle is constantly striving to improve the Solution’s performance and Services it offers to its Customers. Therefore, the Customer explicitly grants Trickle the right to use the uploaded Documents and analysed Data for the further development and improvement of the Solution provided by Trickle.
5.1.5. Trickle reserves the right to make, in its sole discretion, any material or non-material changes and/or updates to the functionality of the Solution whenever Trickle sees fit to do so without prior approval of the Customer.
5.2.Tiers
5.2.1. The Customer can purchase a Subscription to the Solution. When a Customer purchases a Subscription, the Customer shall be granted temporary, personal, limited, non-exclusive and non-transferable access and use rights to Seats in the Trickle Solution, which the Customer can then use to link a User to.
5.2.2. The specific access and use rights attached to the Subscription purchased by the Customer will vary depending on the Tier the Customer has selected for its Subscription. There will be three different Tiers to choose from: Premium, Elite and Guest. The pricing per Seat, features, technical information, specifications, capabilities, and other technical details of each Tier will be displayed in the Solution.
5.2.3. Upon purchasing a Tier, a Customer-specific onboarding shall be provided by Trickle (if necessary).
6. Fee and Payment
6.1. Fee
6.1.1. The Fees payable shall be agreed upon in the Agreement between Trickle and the Customer. In no event shall the Fees confirmed in one Agreement be binding for (future) agreements or cooperations.
6.1.2. All Fees are, unless explicitly stated otherwise, excluding VAT or any other levies or taxes.
6.1.3. Trickle shall be entitled to increase the Fees agreed in the Agreement in the event of renewal of the Agreement, of which annual notice shall be given three (3) months prior to renewal through e-mail or via the Solution, if necessary and justified on the basis of objective factors / parameters
6.1.4. Trickle is entitled to index its Fees during the Subscription in line with an increase in its costs, whereby the amount payable shall be calculated on the basis of the formula below:
F = [ 20% * f ] + [ 80% * f * (S/s) ]
Where:
F = the new Fee;
f = the initial Fee;
S = the new Agoria wage index;
s = the initial wage index.
6.2. Payment and billing method
6.2.1. Unless otherwise agreed upon, the invoices of Trickle are payable within a period of fourteen (14) days. The invoice has been settled when the complete amount stated on the invoice has been received by Trickle.
6.2.2. Invoices that are not disputed by registered letter within eight (8) days after their issuing will be considered to have been fully accepted. The Customer shall pay the undisputed part of the invoice in accordance with these Terms.
6.2.3. By concluding an Agreement and relying on the Services of Trickle, the Customer agrees to electronic invoicing by Trickle.
6.3. Late payment
6.3.1.If the Customer fails to pay in full any invoice by the due date for payment, then:
(i) the Customer shall owe an interest on the overdue amount at the rate of one percent (1%) per month. Such interest shall accrue automatically (without prior notice by Trickle) on a daily basis from the due date until the date of actual payment of the overdue amount. The Customer shall pay the interest together with the overdue amount; and
(ii) the Customer shall pay Trickle five percent (5%) of the outstanding balance, with a minimum amount of two hundred and fifty euro (250,00 EUR) for costs associated with a.o. the collection of the amounts due and with the adverse consequence on Trickle cash flow, as liquidated damages. The Customer confirms that this sum represents a genuine pre-estimate of Trickle’s loss.
6.3.2. This paragraph is without prejudice to Trickle’s right to prove and claim any higher damages.
6.3.3. Late, incomplete or non-payment of one expired invoice will cause all other invoices, for which a particular installment term has been agreed on, to become immediately payable, without previous notice of default.
6.3.4. Partial payments will firstly be deducted from interest due, liquidated damages payments and possible costs and subsequently from unpaid invoices.
6.3.5. Trickle is entitled to suspend or postpone its Services or its other obligations in connection with the Agreement if the Customer has not complied with a payment condition or other payment obligation.
7. Liability
7.1. Trickle
7.1.1. The liability of Trickle shall always be assessed in light of the best efforts obligation to which Trickle has committed. In the case of inadequate Services, Trickle’s liability is limited to the (renewed) performance of the missing or inadequate Services. If the (renewed) provision of the Services is not (or no longer) possible or reasonable, the Customer shall be entitled to compensation in line with the damage suffered.
7.1.2. The liability of Trickle shall in all cases be limited to invoice value of the Services by Trickle that gave rise to the damages and/or liability claim during the twelve (12) months preceding the date on which the liability claim arose. Trickle shall never be liable for:
(i) damage or loss suffered by the Customer or third parties by incorrect, incomplete or late information and instructions from the Customer (incl. Users);
(ii) damage resulting from malfunctions or defaults in network communications, devices or infrastructure belonging to Customer (incl. its Users) used for accessing the Website and/or Solution;
(iii) damage caused by the further use or application of Trickle’s Solution and Services by the Customer (incl. its Users) after a defect has been found;
(iv) damage caused by the improper, inadequate, unauthorised or unlawful use of the Services;
(v) damage caused by the theft or loss of the password for accessing the Service due to negligence of the Customer (incl. its Users);
(vi) damage caused by Force Majeure in accordance with the provisions of Article 11;
(vii) indirect and consequential damage, such as, but not limited to, loss of profit, loss of savings, loss of revenue, loss caused by business interruption, damage to third parties.
(viii) any other claims, damages and loss caused by circumstances or causes outside of the reasonable control of Trickle.
7.2. The Customer
7.2.1. The Customer will hold Trickle harmless against all claims from third parties arising from the incorrect or unlawful use of the Services and must cover all damages such as compensations or legal costs (including reasonable lawyer’s fees) providing that Trickle has informed the Customer as soon as reasonably possible of any claim arising from that matter.
8. Support and Maintenance
8.1. When the Customer is in need of assistance or has an enquiry with respect to the Services, the Customer can contact the helpdesk of Trickle on the e-mail address support@trickle.ai.
8.2. Whether or not the support is included in the Fee, is described in the Agreement. If not, the support will be invoiced separately.
8.3. The Customer must offer all necessary assistance and co-operation to the helpdesk, e.g. provide a detailed description of the problem and the situation in which it occurred.
8.4. The helpdesk of Trickle will do its best efforts to assist the Customer as soon as reasonably possible following the requested support.
9. Availability
9.1. Trickle performs maintenance activities and implements updates of its Services on a regular basis. Trickle strives to minimise the impact on the availability of its Services and the Solution, but does not exclude any downtime in this respect. If the impact on the availability of the Services and the Solution is significant, Trickle will strive to inform the Customer thereof.
9.2. Trickle will assume a best-efforts obligation when monitoring the availability of the Solution, meaning that Trickle will monitor the Solution’s availability with appropriate care and in good faith, and serve the Customer to the best of its understanding, skill insight and ability, as can reasonably expected from a professional experienced in services of comparable scope, complexity and size (‘best effort obligation’).
10. Term and termination
10.1. The total term of the Services, including subsequent Subscription renewals (‘renewed terms’), shall be as provided in the Agreement. In case the Agreement does not stipulate a term, the Services shall be continued for one (1) year and shall automatically be renewed for subsequent terms of one (1) year, unless either the Customer or Trickle gives notice of termination to the other party at the latest three (3) month before the end of the (renewed) term.
10.2. Either party may terminate the Agreement per registered mail for material breach, automatically and without definitive court decision if the other party has committed a material breach and fails to remedy such breach within fifteen (15) days of written notice of default by the claiming party. Parties will consider (amongst others) the following events as a material breach:
(i) Repeated failure to pay invoices for which payment is due;
(ii) Failure to comply with the best effort performance of the Services for an extended duration;
(iii) Unauthorised or illegal use of the Services;
(iv) Intellectual property infringement (cfr. Article 13).
10.3. The Agreement may be terminated if an insolvency event occurs, i.e. a party ceases to pay its debts or ceases its activities, files for bankruptcy, liquidation of the legal entity or enters proceedings in receivership or judicial composition proceedings.
10.4. Trickle shall never be obligated to refund the Customer any Fees if the Customer terminates the Agreement during the Term without the termination being the result of a material breach of Trickle. The Customer is still obligated to pay all Fees set out in the Agreement in addition to a cancellation fee.
10.5. Regardless of the cause for termination, the following consequences will follow the termination of the Agreement:
(i) Trickle shall stop performing its Services;
(ii) Trickle is entitled to refuse any request from the Customer to enter into a (new) Agreement with regard to the Services;
(iii) Each party will discontinue its use and will return the confidential information and proprietary materials of the other party within five (5) working days following the termination of the Agreement.
(iv) Trickle will delete all Customer Data from its Solution within thirty (30) working days following the termination of the Agreement.
10.6. Articles 6, 11, 12 and 13 shall survive the termination of the Agreement and continue in full force and effect.
10.7. The termination of the Agreement, for whatever reason, shall not prejudice the rights acquired by each party.
11. Force Majeure
11.1. In the event of Force Majeure, each party has the right to temporarily suspend the performance of its obligations without being liable for any damages.
11.2. A situation of Force Majeure that continues beyond three (3) months shall entitle either party to terminate the Agreement with immediate effect by simple written notification, without judicial intervention and without any liability.
12. Confidentiality and non-solicitation
12.1. All information marked as confidential or reasonably to be considered confidential, disclosed by each party to the other party prior to entering into an Agreement as well as during the Agreement shall be treated with the utmost secrecy.
12.2. The receiving party shall:
(i) not use, reproduce, or allocate the confidential information in any manner or for any other purpose than their cooperation;
(ii) not engage in, nor authorise others to engage in, the reverse engineering, disassembly or the decompilation of any of the confidential information; and,
(iii) not derive any commercial benefit from the confidential information.
12.3. This confidentiality obligation applies during the course of the cooperation and shall continue to exist for a period of three (3) years from its termination for any reason whatsoever.
12.4. The disclosing party shall remain the sole owner of the disclosed confidential information. Except as expressly set forth herein, nothing in these Terms or the relationship between parties shall grant the receiving party any rights to or interest in the confidential information and no implied licenses are granted by these Terms.
13. Intellectual property rights
13.1. The Customer explicitly acknowledges that Trickle shall own and retain all intellectual property rights with respect to the Services, and possible related Services (including all copies, modifications, extensions and derivative works thereof), such as, but not limited to: rights associated with the (source) code, other authorship rights, design rights, know how, domain names and database rights.
13.2. Trickle explicitly acknowledges that Customer shall own and retain all intellectual property rights with respect to the materials, designs, trade names/trademark it owns and uploads to the Solution.
13.3. The Customer shall not use Trickle’s name or trademarks as part of Customer’s name or in any manner capable of misrepresenting the relationship between Customer and Trickle. The Customer shall not alter, remove or tamper with the brands, trademarks, or other means of identification on the Services.
13.4. The Customer explicitly authorises Trickle to use the Customer’s name and/or project as a reference for publicity purposes, such as by publication on the Website. In this regard, the Customer also authorises Trickle to use the Customer’s name, trademark, logo, etc.
13.5. The Customer grants Trickle a perpetual, irrevocable, worldwide, non-exclusive, transferable, sublicensable, and royalty-free license to use, process, reproduce, modify, distribute, and otherwise exploit Customer Data solely in connection with the Services and Solutions offered by Trickle to the Customer. This license explicitly includes the right to use Customer Data to train, develop, improve, and enhance Trickle’s Solution.
13.6. In case of breach of the obligations in this Article, a lump-sum compensation equal to five thousand euros (€ 5.000,00) per individual breach is due by the breaching party to the other party, without prejudice to the right of the other party to claim full compensation for all damage caused by the breach.
14. Privacy
14.1. Trickle as controller
14.1.1. The collection of personal data of the Customer shall take place in accordance with the provisions of our Privacy Policy. In such event, we act as controller. The Privacy Policy includes information about the personal data collected by Trickle, as well as the manner in which we use and process this personal data for certain purposes.
14.2. The Customer as Controller
14.2.1. The Customer acknowledges that – with regard to the processing of all data in execution of the Services – it shall act as controller and Trickle as processor. All arrangements made between parties in this respect shall be solely governed by a data processing terms applicable between the Customer and Trickle. The Customer explicitly acknowledges that by ordering the Services and entering into an Agreement with Trickle to have read and accepted the applicable data processing terms.
15. Changes to the Terms
15.1.Trickle reserves the right to change or update the Terms at any time. New or amended Terms shall apply from the thirtieth (30th) day after they were (implicitly) accepted by the Customer.
16. Miscellaneous
16.1. No waiver
16.1.1. Any failure or delay by Trickle in exercising any right under an Agreement with the Customer, any single or partial exercise of any right under such Agreement or any partial reaction or absence of reaction by Trickle in the event of violation by the Customer of one or more provisions of such an Agreement, shall not operate or be interpreted as a waiver (either express or implied, in whole or in part) of Trickle’s rights under such Agreement, nor shall it preclude any further exercise of any such rights. Any waiver of a right must be express and in writing. If there has been an express written waiver of a right following a specific failure by Trickle, this waiver cannot be invoked by the Customer in favour of a new failure, similar to the prior one, or in favour of any other kind of failure.
16.2. Notices
16.2.1. Any notice to be given under the Agreement shall be deemed duly given when sent by e-mail. It shall be deemed received one (1) working day after the date of dispatch.
16.3. Divisibility
16.3.1. If any part or any clause of the Agreement is for whatever reason held to be unlawful, invalid or unenforceable, such provisions shall be deleted and the remaining parts or clauses shall not be affected and shall remain valid and enforceable as if the invalid or unenforceable parts or clauses were not part of the Agreement.
16.3.2. Any such part or clause shall be replaced by a provision that, insofar as legally possible, comes closest to the intention of parties in the affected part or clause. Parties shall in good faith negotiate and agree a mutually acceptable provision that shall replace the deleted provision.
16.4. Non-transfer
16.4.1. This Agreement and the rights and obligations ensuing from it for the Customer may not be transferred either directly or indirectly without the written consent of Trickle.
16.4.2. Trickle shall have the right to transfer any Agreement and the rights and obligations ensuing from it to a third party. In that case, a new agreement between Customer and the third party shall be concluded with terms and conditions (rights and obligations) identical to those in this Agreement for the remaining Term.
17. Jurisdiction and applicable law
17.1. Jurisdiction
All disputes arising out or relating to the performance of this Agreement shall be subjected to the exclusive jurisdiction of the courts of the district in which Trickle has its registered office.
17.2. Applicable law
The Agreement as well as any agreement between parties, of whatever nature, are governed by and construed in accordance with the laws of Belgium, with exclusion of all conflict of laws rules.
III. ACCEPTABLE USE POLICY
18. Fair Use
18.1. The Customer and the Users guarantee to use the AI assistant feature of Trickle responsibly and with due care. They acknowledge that their usage will not significantly exceed the standard/average usage levels of other users. Trickle reserves the right to monitor usage and enforce compliance with these policies and guidelines.
19. User Accounts
19.1. If the Customer observes any malfunction, deficiency or problem, the Customer is obliged to immediately cease the use of the Solution, make every reasonable effort – or have every reasonable effort made – to prevent any (further) damage and shall notify Trickle immediately of these malfunctions, deficiencies or problems.
19.2. The Users are solely and fully responsible for (non-limited):
(i) Creating and managing (additional) user accounts;
(ii) Ensuring no false or misleading information is being used for the user account;
(iii) All use or abuse made of the account;
(iv) The safe handling, storage, confidentiality and proper usage of the accounts.
19.3. Each User shall have a designated account. No User shall allow any other party, or share with any party, access to the Solution through its own account.
19.4. Users shall apply all reasonable techniques, practices and/or technology to prevent unauthorized access to the Solution by any other User or third party. Users shall notify Trickle promptly of any such unauthorized access, and immediately employ all such means to stop the misuse.
20. Use of the Solution
20.1. The User shall not upload pictures containing personal data or other personal information onto the Solution without the consent of the individuals concerned. These individuals shall always retain the right to revoke their consent.
20.2. The Users shall use the Solution as a normal and prudent person. In this regard, the User commits to carefully follow the instructions of Trickle and not to use the Solution for purposes deemed unlawful, unreasonable or illegal. Users may not use Solution to transmit, distribute, or store material in a manner that Trickle believes:
(i) Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
(ii) Violates or otherwise encroaches on the rights of others, including, but not limited to, infringing or misappropriating any privacy, intellectual property, proprietary right of another;
(iii) Advocates or induces illegal activity;
(iv) Stalks, harasses, or harms anyone, including minors;
(v) Violates the applicable privacy legislation (such as, but not limited to, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (‘General Data Protection Regulation’), Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘e-privacy directive’).
(vi) Modifies, alters, tampers with, or otherwise creates derivative works of any of the Solution;
(vii) Reverse engineers, disassembles, or decompiles the (infrastructure of the) Solution;
(viii) Accesses or uses the Solution in a way intended to avoid incurring fees or exceeding usage limits or quotas;
(ix) Interferes with or adversely affects the Solution or use of the Solution by other customers;
(x) Uses any high volume automated means (including robots, spiders, scripts or similar data gathering or extraction methods) to access the Solution and any other accounts, computer systems, or networks connected thereto;
(xi) Monitors or crawls a system so that such system is impaired or disrupted;
(xii) Conducts denial of service attacks;
(xiii) Intentionally interferes with the proper functioning of any system, including any deliberate attempt to overload a system by any means;
(xiv) Operates network services like open proxies, open mail relays, or open recursive domain name servers;
(xv) Uses means (manual or electronic) to avoid any use limitations placed on a system, such as access and storage restrictions;
(xvi) Distributes, publishes, sends, or facilitates unsolicited mass e-mailings, promotions, advertising, or solicitations, including commercial advertising and informational announcements;
(xvii) Alters or obscures mail headers or assume a sender's identity without the sender's explicit permission;
(xviii) Collects or replies to messages if those messages violate this Policy;
(xix) Is in general to be considered abnormal use of the Solution.
20.3. Users may not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”). Users may not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. Users may not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
20.4. If the User observes or discovers any deficiency or problem in the Solution, the User is obligated to immediately cease the use of the Solution and make every reasonable effort – or have every reasonable effort made – to prevent any (further) damage.
21. TRICKLE monitoring and enforcement
21.1. Customers are solely responsible for exercising supervision and control over their Users, the data, as well as the compliance of by them appointed third parties with this policy and other procedures and policies of Trickle.
21.2. If a User becomes aware of any violation, Trickle should be immediately notified via the support@trickle.ai. The User should subsequently provide Trickle with assistance to stop or remedy the violation.
21.3. Trickle reserves the right to monitor and enforce, but does not assume any obligation or responsibility whatsoever in respect of:
(i) Investigating any of the Users their access to, or use of the Solution (including the management of the accounts), or any of third parties authorized by the Users to access the data.
(ii) notifying Users of any misuse of the Solution or non-compliance under this policy.
21.4. Trickle may however:
(i) investigate violations of this policy or misuse;
(ii) remove, disable access to, or modify any data or resource that violates this Policy or any other agreement Trickle has with the Customer for use of the Solution; or
(iii) disclose any activity that Trickle suspects to be in violation of any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Trickle’s reporting may include disclosing appropriate information of a User and cooperating with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this policy. The User will be notified if Trickle makes this type of disclosure, unless Trickle is required to keep the disclosure confidential.
22. Consequences
22.1. Trickle may immediately remove any content which is contrary to this policy, suspend the access of the Customer and its Users to the Solution and/or terminate the Subscription of the Customer for cause, if a Customer or one of its Users (i) breaches this policy, and (ii) does not respond to Trickle in a reasonable period after being contacted about a potential breach of this policy.