1. Who these terms are between, and how you agreed to them
These terms are an agreement between you and TruePoint Agents, of Vidalia, Georgia, United States — "we", "us".
You accept these terms by ticking the acceptance box and clicking "Create account". That box is not pre-ticked, both documents are linked beside it, and we record which version you accepted and when. If you do not accept these terms, do not create an account and do not use the services.
You must be at least 18. If you use the services for or on behalf of a business, you represent that you have authority to bind it, and "you" means both you personally and that business, jointly and severally.
1a. What these words mean
Four words in v2 did the heavy lifting and none was defined: the disclaimers attached to "the services", the trial and export terms to "products", and a customer could argue the two never met. These definitions close that.
- "Services" means all of it — every product we run, the marketing site, and anything we
provide under these terms. The warranty disclaimer, the liability cap and the indemnity all attach to the Services.
- "Product" means one application at its own address, such as Portal Pilot.
- "Account" means your registration in one Product. One account is one Product: if you
use three Products you hold three accounts, each with its own data and its own subscription, and the liability cap in section 11 applies per account, not once across all of them.
- "Your Content" means the business records you create, upload or import into a Product.
- "Service Data" means the logs, metrics, configuration and usage records our systems
generate while running the Services. It is ours, not Your Content, and we use it to operate, secure and improve the Services. It never includes the contents of your records.
- "Account Data" means what we hold about you as an account holder rather than as records:
your email address, your password hash, the activity timestamps and your subscription reference. Your export covers Your Content, not Account Data — for Account Data, ask us.
- "Read-only" means you can sign in, view, search, filter, export and delete your own
records, and download attachments. What stops is creating records, changing records, importing a CSV, uploading attachments, and outbound webhooks.
- "Export" means the CSV download each Product offers for each of its lists. It covers the
records in those lists. It does not include attachments, which you download as files, nor Account Data.
- "Regulated data" has the meaning given in section 6.
- "Breach of these terms" always means a failure to keep this agreement. A security
incident is called a security incident, never a breach, in both documents.
2. What we provide
Subscription software, and nothing more. Applications we build and run, each at its own address — for example Portal Pilot at portal-pilot.truepointagents.com. Each is a record-keeping tool: it stores what you put into it, lets you search and filter it, and lets you export it.
What you are paying for is a licence to use the software. You are not buying a service performed on your behalf, a consulting engagement, a data-processing service, professional advice of any kind, or a guaranteed outcome. We do not act for you, do not make decisions for you, and do not carry out work on your behalf.
What the software does not do is set out under that heading on each product's own Help page. That section, and only that section, forms part of these terms, as it read on the date you accepted them. Nothing else on a Help page, and no other screen, help text or marketing statement, forms part of this agreement or creates any warranty. In summary: it does not send email or SMS, does not read the files you attach, does not connect to your bank, accounting system or payment processor, does not calculate, score, match or reconcile anything, does not check availability or scheduling clashes, does not produce reports or forecasts, has no roles or permissions, keeps no history of edits, and sends webhooks outbound only. If your use depends on something in that list, this software is not for you.
2a. Your licence, and what we keep
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the services for your own internal business purposes while your account is in good standing.
We and our licensors own the services — the software, its design, text, graphics, structure and trademarks — and we reserve every right not expressly granted here. You may not copy, modify, adapt, translate, distribute, publicly display, or create derivative works from any part of the services, except your own records exported through the product's own export.
3. Your account
You are responsible for your account: for the accuracy of what you register with, for keeping your password safe, and for everything done under your account, by you or by anyone else, authorised or not. Tell us at support@truepointagents.com if you think someone else is in it.
One account is one customer. If other people in your business use it, that is your arrangement with them and your responsibility — the software has no roles or permissions, and everyone signed in sees the same thing.
4. The free trial
Every product runs a 30-day trial and asks for no card. Nothing charges automatically at the end of it.
When the trial ends, the account becomes read-only. You can still sign in, open everything, and export everything. What stops is creating and changing records. We do not delete your records because a trial ended or a subscription lapsed.
That describes what happens when you stop paying. It does not limit section 13, under which we may close an account or withdraw a product at any time.
5. Paying us
Price. The price is the one shown on the checkout page at the moment you subscribe.
How payment works. Payments run through Stripe. You enter your card on Stripe's own page; it never reaches us.
Changing your card, or cancelling. You do it yourself, from the Billing page in the product.
If a payment fails. Stripe retries on its own schedule and emails you a link to fix it. If it does not resolve, the account goes read-only. We do not delete your records.
Price changes. If we change a product's price, we will email existing subscribers at least 30 days before it applies to them, and you can cancel before it takes effect. If the law where you live requires your fresh agreement to a price rise, we will ask for it, and we will not charge the new price without it; where it instead requires a cancellation window after the first charge at the new price, you have 14 days from that charge to cancel and receive a pro-rata refund.
Renewal reminders. While you hold a subscription we send you a reminder at least once a year stating what you are subscribed to, what it costs, how often it renews, and how to cancel.
Electronic communications. You agree that we may provide these terms, the Privacy Policy, renewal and price notices, receipts and any other required notice electronically, by email to your account address or by posting them in the product. You may withdraw that agreement, or ask for anything on paper, by writing to support@truepointagents.com — but because the products are delivered entirely online, withdrawing it means we can no longer provide the service. You need a current email address and a browser able to read our pages to receive these records.
Taxes. Prices are exclusive of any sales tax, VAT or equivalent, which we add where the law requires it.
Chargebacks. If you dispute a charge for a service you actually received, we may suspend your account for the duration of the dispute and charge a reasonable reinstatement fee before restoring it. Raise a problem with us first — we would rather refund you than fight your bank.
Spam. If we determine you have used our products to send unsolicited messages, we may charge US$500 as a genuine pre-estimate of what handling it costs us in blocklist remediation, abuse handling and reputation damage, in addition to any other remedy. We may also report the activity, and your identity, to anti-abuse organisations and the relevant authorities.
6. Your data, and your responsibility for it
You own the business records you put in. We claim no ownership of them, do not use them to train anything, and do not sell them. This covers Your Content. It does not cover Service Data — the logs, metrics and usage records our systems generate while running the Services — which is ours, as section 1a sets out. We handle them as described in the Privacy Policy.
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, back up and display what you put in, solely so that we can run the products for you, keep them working, and meet our legal obligations. That licence lasts while your account is open and, for backup copies only, until they age out of our ordinary backup cycle.
And they are entirely your responsibility. You are solely responsible for:
- what you put in — its accuracy, its completeness, and whether it is fit for whatever you
are using it for;
- your right to hold it — including any consent, notice or lawful basis you needed from the
people it describes;
- its legality — including every law, regulation, licence and professional obligation that
applies to you, your industry and your customers. Your compliance is yours. We do not assess it, advise on it, or warrant it;
- what you do with what comes out — every decision you make on the basis of a record in our
products is yours alone;
- where you send it — if you configure the product to send data out, whether by webhook or
by taking an export onward, the destination, its security, and its authority to receive that data are solely your responsibility;
Who the law is looking at is you, not us. For every legal and regulatory purpose, you, and not TruePoint Agents, are the sender of anything sent from your account, the controller of the personal data you put in, the seller of record for anything you sell, and the party responsible for the relationship with the people your records describe. We provide a tool you operate. We do not become a party to your dealings with anyone by hosting the record of them.
- your own copies — see section 7.
Feedback is different from your records. The paragraph above covers your business records. Ideas, suggestions, feature requests and feedback about our products are not your records: you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or payment, and that licence survives the end of this agreement.
Regulated data is prohibited. Do not store protected health information, cardholder data, government identity numbers, children's data, or export-controlled material in our products. We hold no Business Associate Agreement, are not a PCI-compliant processor, and the products carry none of the controls those regimes require. If you do it anyway, you do so on your own responsibility and you indemnify us for it under section 12.
7. Backups are ours, not a promise to you
You can export everything, at any time, while your account is open — during a trial, while subscribed, and after either ends. We will not withhold your export to make you pay, and we will not charge you for it.
That export is your backup, and taking it is your responsibility.
Our products are not a backup service, an archive, or file storage. They are for the records the product is built to hold. Using an account as a general store for files, archives or media is a breach of these terms. Where storage use materially degrades the service, we may remove the material, and we may charge a reasonable fee if you later ask us to produce copies of anything from our own backups.
We also take our own backups. They exist so that we can recover our systems — they are an operational measure for our benefit, not a service to you. We do not promise that any backup exists, is current, is complete, or can be restored; we do not offer per-customer restores; and you must not rely on them. If you lose data and have not kept your own export, it may be gone. Plan on that basis.
Section 13 governs what happens to your export access if we close an account or withdraw a product.
8. What you may not do
Do not use our products to:
- break the law, or help anyone else do so;
- store or send anything you have no right to;
- store the regulated data listed in section 6;
- send unsolicited messages of any kind — this one matters to us more than most: we do not do
cold outreach ourselves and we will not host yours;
- attack, overload, reverse-engineer, decompile or scrape the service, or try to reach another
customer's data;
- resell or provide access to third parties without our written agreement;
- run penetration tests, vulnerability scans or security probes against our systems. We run no
bug-bounty programme and pay no bounties. If you find something, tell us at support@truepointagents.com — we would rather know.
Sanctions and eligibility. You represent that you are not located in, ordinarily resident in, or acting on behalf of anyone in a country or region subject to comprehensive US sanctions, and that you are not on any US government restricted-party list. We may close, without refund, any account we reasonably believe breaches this.
Answer us. If we email you about abuse, security, or a breach of these terms, you must respond within 48 hours. Failing to respond is itself a ground for suspension.
Fair use. Our Acceptable Use Policy sets the specific limits — storage, attachment size, request rate — and forms part of these terms. We may update it by publishing a new version, and where a change materially restricts what you may do we will email account holders at least 30 days beforehand. Sustained use that materially degrades the service for other customers is a breach of these terms if it continues after we ask you to stop.
We may suspend or close an account that does any of this. Where the situation allows, we will tell you first and give you a chance to put it right.
8a. Early access and beta features
We may label a feature beta, preview, early access or experimental. Those features are provided "as is" and "as available", exclusive of any warranty whatsoever. No commitment in these terms about availability, support or fitness applies to them, and we may change or withdraw them at any time without notice. Use them on that basis or do not use them.
9. Availability
We do not promise the service will be available, uninterrupted, timely, secure or error-free. We offer no uptime commitment and no service level agreement. We run a small number of servers with no redundancy, and we would rather say that plainly than publish a number we cannot measure or honour.
When something breaks, we work to fix it. That is how we operate, and we would rather tell you plainly than pretend nothing goes wrong. But it is a description of how we work, not a promise, not a deadline, and not a commitment you can enforce. We do not guarantee that any fault will be fixed, that it will be fixed within any period, or that any particular outcome will follow. Your remedy if the service does not suit you is to stop paying and take your export.
We may change, suspend, or discontinue any part of any product at any time, for any reason or no reason, with or without notice — with one exception: we will not remove or disable the export function while your account is open, and where we retire a product we keep export running for the window section 13 gives you.
10. NO WARRANTIES
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS.
TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES OF EVERY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT that the service will meet your requirements, that it will be available or error-free, that defects will be corrected, that results obtained from it will be accurate or reliable, or that any data will be preserved, recoverable, or free from loss or corruption.
No advice. Nothing in our products or documentation is legal, tax, accounting, financial, medical or professional advice. The products store what you type and give it back. Any judgement applied to it is yours.
11. LIMITS ON LIABILITY
To the fullest extent the law allows:
- NEITHER OF US is liable to the other for indirect, incidental, special, punitive,
exemplary or consequential loss; nor for lost profits, lost revenue, lost business, lost goodwill, business interruption, or LOSS, CORRUPTION OR INACCURACY OF DATA — however caused, under any theory of liability, and even if we were told such loss was possible. This bullet does not limit your obligations under section 12, which apply in full and are not subject to any exclusion or cap in this section.
- OUR TOTAL AGGREGATE LIABILITY to you for all claims arising out of or relating to these
terms or the Services is limited to the greater of (a) the amount you actually paid us in the three (3) months immediately before the event giving rise to the claim, or (b) US$100. This is an aggregate limit, not a per-claim one.
- We are not liable for anything outside our reasonable control, including acts of God, war,
civil unrest, labour action, network or internet failure, power failure, government action, or the acts, omissions, outage or failure of any third party on whom the service depends. Nothing in this bullet excuses your obligation to pay what you owe us.
- We are not liable for your decisions. We are not responsible for any outcome, result,
gain, loss, penalty or liability arising from what you do — or do not do — on the basis of anything held in or produced by our products.
- Any claim BY YOU against us must be brought within one (1) year of the event giving rise
to it — regardless of when you knew or should have known of it — or it is permanently barred. This limit does not apply to our claims for amounts you owe us, to your obligations under section 12, or to infringement of our intellectual property.
Nothing in these terms limits liability that cannot legally be limited — including for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else a court will not allow to be excluded.
These limits are a fundamental basis of the bargain. The price of the service reflects them. Without them we would not offer the service at this price, or at all.
12. You indemnify us
If you use our products unlawfully, that is entirely your liability and you carry it in full. We built a tool and licensed you the use of it; what you do with it is your act, not ours.
Notwithstanding section 11, your obligations under this section are uncapped, and are not limited by any exclusion of indirect, consequential, punitive or exemplary loss. Section 11 excludes fines and penalties by name; this section is precisely about them.
Release. You release us, and our owners, officers and contractors, from every claim you may have arising from another customer's conduct, from anything a third party does to your data, and from any loss you suffer because you did not keep your own export — whether that claim is known to you now or not.
You will defend (through counsel of our choosing), indemnify and hold harmless TruePoint Agents, and its owners, officers and contractors, against any claim, demand, proceeding, investigation, loss, liability, damage, fine, penalty, cost and expense (including reasonable legal fees) arising out of or relating to:
- your data, and anything you store, upload, import or transmit through the services;
- your use of the services, and any decision you take on the basis of them;
- any destination you send data to, including any webhook endpoint you configure;
- your breach of these terms, including the regulated-data prohibition in section 6 and the
sanctions representation in section 8;
- your violation of any law, regulation, or the rights of any third party — including any claim
by a person whose data you put into our products;
- any dispute between you and your own customers, clients or staff;
- any message sent from your account, and any consent, notice or do-not-contact obligation
attaching to it — including under the TCPA, CAN-SPAM, the Telemarketing Sales Rule and their state equivalents;
- any protected health information, cardholder data, or other regulated data you put into our
products, and any obligation under HIPAA, PCI-DSS or equivalent that attaches to it;
- any actual or alleged violation of a data-protection or privacy law arising from your data or
your use of the Services;
except to the extent the claim results from our own breach of these terms.
Defence and settlement. We may assume control of the defence of any indemnified claim at your expense. You will cooperate with us. You may not settle any claim in a way that imposes any obligation, payment or admission on us without our prior written consent.
13. Suspension, and ending it
You can stop at any time, from the Billing page, without asking us.
We can end or suspend your account, or withdraw any product, at any time, for any reason or for no reason, and without liability to you. We do not have to justify the decision beyond telling you which of the two grounds below it falls under. Except for the refund in the next paragraph, we owe you no compensation. This is in addition to — not instead of — our right to act on a breach of section 8.
If we end your account for convenience (not for breach): we email your account address, we refund the unused portion of anything you have already paid, and your export stays open for 30 days from that email. If we retire a whole product, we aim to give at least 60 days' notice — an intention, not a binding commitment.
If we end your account because you breached these terms: no refund, no notice required, and we may withdraw access immediately.
What happens to your records afterwards. Once an export window closes, or immediately where none applies, we may permanently delete your records, and backup copies age out within 90 days after that. Deletion is irreversible and we have no liability for it. We may also close and delete an account that has not been signed into for 12 months, after emailing the address on it first. This is how the service is meant to work, not a failure of it — which is why the export exists and why taking it is your responsibility.
Suspension. While an account is suspended we pause charges, or credit the suspended period. Your export remains available unless the suspension is for conduct that makes continued access unsafe. A suspension lasts no longer than reasonably needed to investigate or resolve its cause, after which we either restore the account or end it under this section.
We are not liable for any consequence of suspension or termination — including any loss, cost, disruption or lost opportunity arising from your loss of access, however caused.
Survival. Sections 1a, 2a, 3, 5 (as to amounts owed), 6, 7, 8, 8a, 10, 11, 12, 13 and 14 survive the end of this agreement.
14. The legal bits
Governing law. These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-law rules. The state and federal courts located in Toombs County, Georgia have exclusive jurisdiction, and both of us consent to that venue and waive any objection to it.
Changes to these terms. We may update these terms. If a change materially reduces your rights or increases your obligations, we will email account holders at least 30 days before it takes effect, and the version at the top of this document will change. Continuing to use the service after that date means you accept the new version; if you do not accept it, cancel before it takes effect. Other changes take effect when posted.
Order of precedence. If these terms conflict with the Privacy Policy or the Acceptable Use Policy, these terms govern. If anything on a Help page, in product documentation, or on our marketing site conflicts with these terms, these terms govern.
Language. These terms are written in English. We may publish translations, including a Spanish translation, to help you read them. A translation is provided for convenience only, and it is not a separate agreement. If a translation and the English version conflict, the English version governs.
Notices. Notices to you go to your account's email address; keeping that address current is your responsibility, and a notice is given when we send it. Notices to us go to support@truepointagents.com.
No assignment. You may not transfer these terms without our written consent. We may transfer them to a successor if the business is sold or merged, and we will tell you if that happens.
Severability. If a court finds any part of these terms unenforceable, that part is limited or removed to the minimum extent necessary and the rest stays in force — in particular, sections 10, 11 and 12 continue to apply to the fullest extent that remains enforceable.
Telling people you use us. Unless you ask us not to, we may name you as a customer and use your name and logo on our site and in our materials. Ask, and we stop.
No waiver. If we do not enforce something, that is not a waiver of it.
No third-party beneficiaries. These terms create no rights in anyone who is not a party to them. Nobody whose data you hold, and no customer of yours, gains any claim against us through this agreement.
No agency. These terms create no partnership, joint venture, agency, franchise, fiduciary or employment relationship. Neither of us may bind the other.
Injunctive relief. You agree that a breach of section 2a or section 8 would cause us harm that money cannot repair, and that we may seek an injunction without posting a bond, in addition to any other remedy.
Entire agreement. These terms, the Privacy Policy, the Acceptable Use Policy, and the What it does not do section of each product's Help page as it read on the date you accepted these terms are the whole agreement between us, and replace anything said or written before. No other page, screen, help text, launch copy or marketing statement forms part of this agreement or creates any warranty.
15. Contact
support@truepointagents.com