3074 RS Rotterdam
The Netherlands
Agreement and authority
These Terms of Service form a binding agreement between TRIAS Technology B.V. and the customer identified in an accepted order, tenant application or subscription. If you use the service for an organisation, you confirm that you are authorised to bind that organisation. If you lack authority, you may use the service only as an authorised user under that organisation’s agreement.
The agreement consists of these Terms, any accepted order form, service description, Data Processing Agreement, support policy and documents expressly incorporated by reference. An executed order form or negotiated agreement prevails over conflicting standard online terms to the extent of the conflict.
The TRIAS Pulse service
TRIAS Pulse is a multi-tenant business platform that may include CRM, activities, tasks, notes, files, communications, calendar, reporting, integrations and administrative capabilities. Available modules, limits and service levels depend on the subscribed plan and order.
We may improve, replace or discontinue features. We will not materially reduce the core functionality of a paid service during a current committed subscription term without reasonable notice, except where required for security, law, third-party dependency changes or prevention of harm. Beta, preview and free features may change or end at any time and are provided without committed service levels.
Tenant and account administration
Each customer receives or joins a logically separated tenant. The customer appoints tenant administrators who control membership, roles, permissions, settings, integrations and Customer Data. Administrator actions are treated as authorised customer instructions.
Registration may require email, domain, company and representative verification. TRIAS Technology B.V. may reject, defer or request evidence for an application where information is incomplete, inconsistent, duplicative or raises security, sanctions, fraud or legal concerns. Accounts are personal and must not be shared.
- Keep registration and contact information accurate and current.
- Protect credentials, devices, recovery methods and administrator accounts.
- Notify us promptly of suspected compromise or unauthorised access.
- Review user access promptly when employment or responsibilities change.
Right to use the service
Subject to payment and compliance with the agreement, we grant the customer a limited, non-exclusive, non-transferable and non-sublicensable right during the subscription term for its authorised users to access and use the service for internal business purposes.
No ownership is transferred. Rights not expressly granted are reserved. Affiliates, contractors or external collaborators may use the service only where the plan or order permits and remain under the customer’s responsibility.
Acceptable use
Customers and users must use the service lawfully, responsibly and within documented limits.
- Do not access another tenant, user account or data without authorisation, or bypass authentication, permissions, usage limits or security controls.
- Do not introduce malware, harmful code, destructive payloads or content designed to disrupt, probe or overload the service.
- Do not use the service for unlawful surveillance, discrimination, harassment, spam, phishing, deceptive conduct or infringement of privacy, confidentiality or intellectual-property rights.
- Do not reverse engineer, scrape, copy or benchmark the service for a competing product except where mandatory law expressly permits and the right cannot be waived.
- Do not resell, lease, timeshare or provide the service to third parties unless expressly authorised in writing.
- Do not upload data you lack the right and lawful basis to process, or use integrations beyond the permissions granted by the provider and affected individuals.
Customer Data and instructions
As between the parties, the customer retains all rights in Customer Data. The customer grants TRIAS Technology B.V. and its subprocessors the limited rights needed to host, copy, transmit, display, back up and otherwise process Customer Data to provide, secure, support and improve the service as permitted by the agreement.
The customer is responsible for the accuracy, quality, legality, notices, consents, retention choices and instructions relating to Customer Data. The customer must respond to individuals and ensure its use complies with employment, marketing, communications, records, export and privacy laws.
Privacy and data processing
Our Privacy Policy explains processing for which we act as controller. Where we process personal data in Customer Data on the customer’s behalf, the Data Processing Agreement applies and forms part of the agreement where required by law.
The customer acts as controller or otherwise confirms it has authority to instruct processing. We process Customer Data only on documented instructions, impose confidentiality, maintain appropriate safeguards, assist with applicable rights and incident obligations, and delete or return data as provided by the agreement.
Third-party services and integrations
The service may interoperate with Microsoft, Google, LinkedIn and other third-party services. The customer decides whether to connect them and authorises the resulting exchange of data. Third-party services are governed by their own terms, availability and privacy practices.
We are not responsible for third-party changes, suspension, data handling or functionality outside our control. We may disable an integration if it creates a security risk, violates provider rules or is no longer technically or legally supportable.
Subscriptions, fees and taxes
Fees, currency, billing cycle, user or usage limits and subscription term are stated in the order or checkout. Unless stated otherwise, fees are exclusive of VAT and other taxes, non-cancellable and non-refundable except where the agreement or mandatory law provides otherwise.
The customer must provide valid billing information and pay undisputed invoices by the stated due date. We may charge reasonable collection costs and suspend paid functionality after notice for overdue amounts. A good-faith billing dispute submitted before the due date will not by itself trigger suspension while the parties work promptly toward resolution.
Term, renewal and cancellation
The agreement begins when the tenant application, online subscription or order is accepted. The initial and renewal terms are specified in the order. If automatic renewal applies, either party may give non-renewal notice within the stated notice period.
Stopping use does not cancel a subscription. Cancellation must use the designated account or written process. Consumer withdrawal rights do not ordinarily apply to business customers, but any mandatory right remains unaffected.
Availability, support and maintenance
We use commercially reasonable efforts to keep paid production services available and secure. Any committed uptime, response times, service credits and exclusions are stated in an applicable SLA or order; otherwise no specific uptime percentage is promised.
Maintenance may be scheduled outside typical business hours where practical. Emergency maintenance can occur without advance notice. Availability excludes customer systems, third-party providers, internet connectivity, misuse, force majeure, preview features and suspension permitted by the agreement.
Security and incident cooperation
We maintain risk-appropriate technical and organisational safeguards. The customer remains responsible for endpoint security, identity-provider configuration, appropriate role assignment, secure integrations and lawful data-management practices.
Each party will cooperate reasonably on security incidents affecting the service. Customers must not publish vulnerability details before we have had a reasonable opportunity to investigate and remediate, and must use responsible disclosure through pulse@trias-technology.com.
Intellectual property and feedback
TRIAS Technology B.V. and its licensors own the service, software, interfaces, designs, documentation, methods, trademarks and related intellectual property. Customer Data remains owned as described above.
If you provide suggestions or feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use and incorporate it without restriction or attribution. This does not permit us to disclose Customer Data or your confidential information.
Confidentiality
Each party must protect the other’s non-public business, technical and commercial information using at least reasonable care and use it only to perform or exercise rights under the agreement. Access is limited to personnel and contractors with a need to know and confidentiality obligations.
Confidential information excludes information lawfully public, already known without duty, independently developed or lawfully received from another source. A legally compelled recipient may disclose required information after giving notice where lawful and taking reasonable steps to seek protective treatment.
Suspension
We may suspend an account, user, integration or tenant where reasonably necessary to address a security threat, unlawful activity, material breach, overdue undisputed fees, provider restriction or risk to the service or others. Where practical, we give notice and an opportunity to cure.
Suspension will be proportionate and limited where reasonably possible. The customer remains responsible for fees during a suspension caused by its breach. We restore access after the cause is resolved, subject to technical and legal feasibility.
Termination and data export
Either party may terminate for an uncured material breach after reasonable written notice, or immediately for insolvency, illegality or a critical threat that cannot reasonably be cured. We may terminate a free service on reasonable notice.
On termination, access ends and outstanding fees become due. During any agreed retrieval period, the customer may export available Customer Data using supported functionality. We then delete or anonymise Customer Data according to the agreement, legal obligations and backup rotation. The customer should export data before termination.
Warranties and disclaimers
We warrant that paid services will materially conform to applicable documentation when used as authorised and that we will provide them with reasonable professional care. The customer’s remedy is correction, re-performance or, if we cannot materially cure, termination of the affected service with a pro-rata refund of prepaid unused fees.
Except for express warranties and to the maximum extent permitted by law, the service is provided as available. We disclaim implied warranties of merchantability, fitness for a particular purpose, uninterrupted operation and non-infringement. Outputs, analytics and AI-assisted content require human review and are not legal, financial, medical or professional advice.
Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, punitive or consequential loss, or loss of profits, revenue, goodwill, anticipated savings or data, arising from the agreement, even if advised of the possibility.
Unless an order states otherwise, each party’s aggregate liability arising out of the service is limited to fees paid or payable for the affected service in the twelve months before the event giving rise to liability. Limits do not apply where prohibited by law and do not exclude liability for intent, deliberate recklessness, death or personal injury caused by negligence, breach of confidentiality, infringement indemnities, or payment obligations to the extent such exclusions are unenforceable.
Indemnities
We will defend an eligible paid customer against a third-party claim that the authorised service infringes an EEA intellectual-property right and pay finally awarded damages or approved settlements, provided the customer promptly notifies us, gives control of the defence and cooperates. We may modify, replace or terminate affected functionality. This does not cover Customer Data, combinations not supplied by us, unauthorised changes or continued use after notice.
The customer will defend and indemnify TRIAS Technology B.V. against third-party claims arising from unlawful Customer Data, customer instructions, unauthorised use or a breach of acceptable-use obligations, subject to equivalent notice, control and cooperation requirements.
Governing law and disputes
The agreement is governed by the laws of the Netherlands, excluding conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. Mandatory rights that cannot lawfully be excluded remain unaffected.
The parties will first attempt in good faith to resolve a dispute through authorised representatives. If unresolved, the competent courts of Rotterdam, the Netherlands have exclusive jurisdiction, unless an applicable negotiated agreement or mandatory law requires another forum. Either party may seek urgent injunctive relief to protect security, confidentiality or intellectual property.
General provisions
Neither party may assign the agreement without consent, except to an affiliate or in connection with a merger, reorganisation or sale of substantially all relevant assets, provided the assignee can perform the obligations. Subcontracting does not relieve us of responsibility under the agreement.
Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. Notices must be sent to designated account or legal contacts. Failure to enforce is not a waiver. Invalid provisions will be adjusted or severed to the minimum extent necessary. The agreement is the entire agreement on its subject and creates no partnership, agency or third-party beneficiary rights.
We may update online terms for future renewals or to address law, security or product changes. Material adverse changes during a current paid term will be notified reasonably in advance where practicable. Continued use after the effective date constitutes acceptance where legally valid; otherwise the prior terms continue until renewal or a separately accepted amendment.
Let’s make the terms clear
Contact us before subscribing if your organisation requires an order form, DPA or negotiated enterprise terms.
pulse@trias-technology.com →