TruRating for Business App Terms and Conditions

This agreement (Agreement) is a legal agreement between you (one of our fantastic merchants) and TruRating Limited (trurating.com), a company incorporated and registered in Ontario, Canada (registration number 003110567) with its principal place of business at 40 King Street West, Suite 5800, PO Box 1011, Toronto, ON M5H 3S1 for:

  • The free and fabulous TruRating for Business App which as you might know is mobile application data analytics software, the data supplied with the software, and associated media (the TruRating for Business App); and
  • any online or electronic documents (Documents) we might supply to you relating to the TruRating for Business App or its functionality.

Please note that you need a subscription to TruRating in order to use the TruRating for Business App. If you don’t have one, you can get one for your business here.

Get in touch

We’d love to know what you think of the TruRating for Business App. You can tell us or get in touch about other things TruRating at:

What are these terms for?

We license use of the TruRating for Business App (including in “Demo” mode) and Documents to you on the basis of this Agreement and subject to any terms, rules or policies applied by any appstore provider or operator (Appstore) from whose site or app you download the TruRating for Business App (Appstore Rules).

Providing that you or your business has a subscription to TruRating, the TruRating for Business App and Documents are free for you to use (hooray!) but please note we are not selling the TruRating for Business App or Documents to you and we remain the owners of them at all times.

This bit is important

By downloading the TruRating for Business App (from us at trurating.com or from an Appstore) and using it, you agree to the terms of this Agreement which will bind you.  These terms also apply to your use of the TruRating for Business App in any demonstration modes.  

This Agreement has been entered into on the date you download the TruRating for Business App to a mobile device.

These terms of use of the TruRating for Business App include, in particular, the privacy policy referred to in paragraph 1.5 and limitations on our liability in paragraph 6. 

Our privacy policy explains the data we collect from you, the reasons for collection and how we use and process it.  Please note that we will capture your username and password when you log into the TruRating for Business App.  If your username and password contains your personal information, we will capture this as part of the log in process to allow you to use the TruRating for Business App.  For further information about how we use your data, please click here to go to the  ../privacy-policy.

If you do not agree to the terms of this Agreement (sob), we will not license the TruRating for Business App and Documents to you and you must stop using the TruRating for Business App.

We suggest you print a copy of this Agreement for future reference.

Agreed terms

    • 1 OUR UNDERSTANDING
      • 1.1 This Agreement is for the TruRating for Business App or any of the services accessible through it (Services), including any updates or supplements to the TruRating for Business App or any Service, unless they come with separate terms, in which case those terms will apply. If any open-source software is included in the TruRating for Business App or any Service, the terms of an open-source licence may override some of the terms of this Agreement.
      • 1.2 We may change these terms at any time by notifying you of a change when you next start the TruRating for Business App or log onto our website at trurating.com. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
      • 1.3 From time to time updates to the TruRating for Business App may be issued through an Appstore. Depending on the update, you may not be able to use the TruRating for Business App or Services until you have downloaded the latest version of the TruRating for Business App and accepted any new terms. We reserve the right to withdraw the TruRating for Business App at any time for any reason without notice to you.
      • 1.4 It sounds obvious but we will assume you have obtained permission from the owners of the mobile ‘phone or other device used to download a copy of the TruRating for Business App. You and they may be charged by service providers for internet access and data usage for downloading the TruRating for Business App. You accept responsibility in accordance with the terms of this Agreement for the use of the TruRating for Business App or any Service on or in relation to any device whether or not it is owned by you.
      • 1.5 The terms of our privacy policy which you can view here (Privacy Policy) are incorporated into this Agreement by reference and apply to your use of the TruRating for Business App. Additionally, by using the TruRating for Business App or any Service, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the TruRating for Business App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
      • 1.6 By using the TruRating for Business App or any of the Services, you consent to us and, where necessary our technology providers, collecting and using technical information about the devices you use (including the information in this clause 1.6 and in clause 1.7) and related software, hardware and peripherals for the TruRating for Business App and/or the Services that are internet-based or wireless to improve our offerings and to provide the TruRating for Business App and any Services to you. When you sign into the TruRating for Business App or use it:
        • (a) your email address and password are sent by HTTPS (an encrypted communication channel);
        • (b) an encrypted token is passed with all requests for data to authenticate you as a user; and
        • (c) the email address you signed in with can be pre-populated for you if your login expires and you have to log back in to the TruRating for Business App.
      • 1.7 When the TruRating for Business App is running on your device, we and/or our technology providers may collect the following information from your device:
        • (a) device model and operating system version;
        • (b) device screen resolution: this is shared with one of our technology providers to produce a correctly sized background image for your TruRating for Business App homepage image (if you have uploaded an image to your profile on trurating.com that is);
        • (c) if the TruRating for Business App suffers an error, the following information may be collected:
          • (i) TruRating for Business App memory usage;
          • (ii) whether the TruRating for Business App is running in the background on your device;
          • (iii) your mobile network;
          • (iv) your mobile operator;
          • (v) whether hardware restrictions have been removed from your device (“jailbroken”); and
          • (vi) if your device is charging.
      • 1.8 If you press the “Contact Us" option or use the “Feedback” menu item in the TruRating for Business App, the phone and/or email application on your device will open and will be pre-populated with our contact details but you will have to initiate the call/email to us – don’t be a stranger!
      • 1.9 The TruRating for Business App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your use and interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
    • 2 PERMISSION TO USE THE TR APP
      • 2.1 In return for you agreeing to comply with the terms of this Agreement, we grant you a non-transferable, non-exclusive licence (this means you’re borrowing a copy of the TruRating for Business App rather than owning it) to use the TruRating for Business App (ta da!) on your devices, subject to these terms, the Privacy Policy and the Appstore Rules, incorporated into this Agreement by reference. We reserve all other rights in relation to the TruRating for Business App and the Services (that’s just something we have to do).
      • 2.2 You may:
        • (a) download a copy of the TruRating for Business App onto your mobile or other compatible device and view, use and display the TruRating for Business App on those devices for business purposes.
    • 3 THINGS YOU CAN'T DO

      Unless we give you permission in this Agreement, you agree:

      • (a) not to copy the TruRating for Business App, any of its data or Documents except where such copying is incidental to normal use of the TruRating for Business App;
      • (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the TruRating for Business App, any of its data or Documents;;
      • (c) not to make alterations to, or modifications of, the whole or any part of the TruRating for Business App and/or its data, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
      • (d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App (including any of its data) or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the TruRating for Business App with another software program, and provided that the information obtained by you during such activities:
        • (i) is used only for the purpose of achieving inter-operability of the TruRating for Business App with another software program;
        • (ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
        • (iii) is not used to create any software that is substantially similar to the TruRating for Business App, any of its data or to the Services;
      • (e) not to provide or otherwise make available the TruRating for Business App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
      • (f) not to copy, aggregate, sell, rent, lease, hire the TruRating for Business App or any data displayed through the TruRating for Business App or the Services to any third party or combine that data with any other software infrastructure without getting our prior written permission.

      together Can’t Do’s.

    • 4 YOUR ACCEPTABLE USE OF THE TR APP

      You must:

      • (a) not use the TruRating for Business App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the TruRating for Business App, any Service or any operating system (a really big no no);
      • (b) not infringe our intellectual property rights or those of any third party in relation to your use of the TruRating for Business App or any Service, including the submission of any material to or through the TruRating for Business App (this is also a big no no);
      • (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the TruRating for Business App or any Service;
      • (d) not use the TruRating for Business App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
      • (e) not collect or harvest any information or data from the TruRating for Business App, any Service or our systems or attempt to access or decipher any transmissions to or from the servers running the TruRating for Business App or any Service.

      together Acceptable Use.

    • 5 INTELLECTUAL PROPERTY RIGHTS
      • 5.1 You agree that all intellectual property rights in the TruRating for Business App, the data displayed in the TruRating for Business App, the Documents and, where appropriate, the technology that underpins them anywhere in the world belong to us or our licensors, that rights in the TruRating for Business App are licensed (not sold) to you (this means you’re borrowing them on the limited terms in this Agreement), and that you have no rights in, or to, the TruRating for Business App, the data contained in it or displayed on it, the Documents or the technology that underpins them other than the right to use them in accordance with the terms of this Agreement.
      • 5.2 You understand you have no right to have access to the TruRating for Business App in source-code form.
    • 6 WHAT WE ARE RESPONSIBLE FOR?
      • 6.1 The TruRating for Business App is designed to be an interactive snapshot of TruData from your dashboard. However we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity as a result of your use of the TruRating for Business App, the data displayed on it or the Documents.
      • 6.2 The “What Should I Do” tile in the TruRating for Business App is a tile displaying data from one of our predictive tools developed by our data wizards. The model uses your business’ transactional and ratings history to predict the impact of sentiment change on your average transaction value (ATV) if other historical variables had remained the same. We are proud of this tool but you must note it is an estimate based on historical data and is not a guarantee of future performance. It is also not financial or legal advice.
      • 6.3 The TruRating for Business App is provided “as is” and all conditions, warranties or other terms which might have effect between us or be implied or incorporated into this Agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
      • 6.4 We don’t give any guarantees about the TruRating for Business App and in particular can’t guarantee:
        • (a) the TruRating for Business App will meet your requirements; or
        • (b) your use of the TruRating for Business App will be uninterrupted, free from error or timely.
      • 6.5 Our maximum aggregate liability under or in connection with this Agreement (including your use of the TruRating for Business App, any data displayed on it or any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to CAD $1000. This does not apply to the types of loss set out in paragraph 6.6.
      • 6.6 Nothing in this Agreement shall limit or exclude our liability for:
        • (a) death or personal injury resulting from our negligence;
        • (b) fraud or fraudulent misrepresentation; or
        • (c) any other liability that cannot be excluded or limited by English law.
    • 7 ENDING THIS AGREEMENT
      • 7.1 We may terminate this Agreement immediately by written notice to you:
        • (a) if you commit a material or persistent breach of this Agreement which you fail to fix (if fixable) within 14 days after us writing to you and asking you to do so;
        • (b) if you breach any of the Can’t Do’s or Acceptable Use above; or
        • (c) for technical reasons related to the operation of the TruRating for Business App.
      • 7.2 On termination for any reason:
        • (a) all rights granted to you under this Agreement shall cease;
        • (b) you must immediately cease all activities authorised by this Agreement, including your use of the TruRating for Business App and any Services; and
        • (c) you must immediately delete or remove the TruRating for Business App from all your devices, and immediately destroy all copies of the TruRating for Business App and any associated data and Documents then in your possession, custody or control and confirm to us that you have done so if we ask.
    • 8 YOU TALK, WE LISTEN
      • 8.1 You can write to us about the TruRating for Business App or all things TruRating 40 King Street West, Suite 5800, PO Box 1011, Toronto, ON M5H 3S1. Alternatively, you can send us an email to: support.canada@trurating.com.
      • 8.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post in either case to one of the addresses you provided to us when you subscribed to the TruRating service.
    • 9 WHAT IF WEIRD THINGS START HAPPENING?
      • 9.1 We will not be liable or responsible for any failure or delays in the TruRating for Business App or the Services caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Weird Things Start Happening).
      • 9.2 If Weird Things Start Happening that adversely affects the TruRating for Business App or the Services:
        • (a) our obligations under this Agreement will be put on hold; and
        • (b) we will try and get things up and running again as soon as we can.
    • 10 OTHER IMPORTANT LEGAL THINGS
      • 10.1 We may transfer our rights and obligations under this Agreement to another company or organisation.
      • 10.2 You may only transfer your rights or obligations under this Agreement to another person if we give our prior written permission.
      • 10.3 If we fail to insist that you do something you are obliged to do under this Agreement, or if we do not assert our rights against you, or if we are slow in doing so, that will not mean that we have given up our rights against you and will not mean that you do not have to comply with your obligations. If we do excuse naughtiness by you, we will only do so in writing, and that will not mean that we will automatically excuse any naughtiness by you in the future.
      • 10.4 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
      • 10.5 TruRating is a registered trade mark of TruRating Limited and has UK, US and international patents pending.
      • 10.6 Ontario law governs this Agreement and its formation. You and we both agree that the courts of Ontario will have exclusive jurisdiction to hear disputes arising from it.