Trashify Tech
Updated- 18th April 2024
User Agreement
1. Introduction
The Company's business involves the design, production, enhancement, and advancement of software, devices, technologies, and other products or services. These include, but are not limited to, the application of computer vision, sensors, and artificial intelligence, aimed at supporting clients across various industries such as global utilities, construction, mining, industrial activities, manufacturing, and recycling. The Company's services facilitate effective and efficient management, sorting, and categorization of waste and other materials, ultimately aiming to enhance business performance, environmental stewardship, and sustainability goals (the "Business"). This technology is accessible via www.app.trashify.tech, where user accounts can access information relevant to their service contracts with Trashify. Access is available with a registration process and agreement to terms and conditions stated in this agreement.
2. Definitions
The Company/Business: Refers to Trashify Tech OÜ registry code 16495334, registered in accordance with the Estonian Commercial Code .
Client: Any entity or individual who has registered and agreed to the terms and conditions to use the software and services provided by Trashify. This includes both administrative users and delegates.
Admin: An administrative user who has the authority to manage the account, including adding or removing delegates, updating company information, and managing access to various features within the Trashify platform.
Delegate: An individual granted access to the Trashify platform by an Admin to perform specific functions or access certain information as permitted under the terms of this agreement.
User Account: The account created by a Client, through which they can access the platform and utilise Trashify's services as outlined in this agreement.
Software: The software provided by Trashify to Clients.
Term: The duration during which the Client is authorised to use the Software and Services as agreed upon in the service contract with Trashify.
Territory: The geographical area within which the Client is permitted to use the Software, as specified in the agreement.
Work Product: Any outputs, reports, insights, and data generated from the use of Trashify's services.
Client Content: Any data, materials, and information provided by the Client for the purpose of utilising Trashify's Services.
Service Attributes: Data related to the administration and billing of services, used by Trashify for operational, support, and enhancement purposes.
3. Scope of Services
The self-service portal, provided by Trashify Tech OÜ ("Trashify"), offers access to a range of information pertaining to waste management at facilities equipped with Trashify devices. This information includes, but is not limited to, insights such as material composition, item counts, and carbon impact associated with incoming waste. Additionally, the portal facilitates the exportation of reports and grants access to a repository of video feeds from sorting lines where Trashify devices are installed. Users may also access trends relating to the aforementioned insights. Trashify reserves the right to grant users access to new features retroactively, unless explicitly notified otherwise by Trashify Tech OÜ. Trashify will provide support or assistance in case of technical issues or questions about the platform.
Upon acceptance of this agreement, Trashify grants the Client a revocable, non-exclusive, non-sublicensable, and non-transferable licence to use the Software in object code form only, within the Territory and for the Term as specified in the agreement with the company. The Client hereby accepts these terms. The Client shall not use the Software for any purposes other than those specified in this Agreement.
4. Account Creation and Usage
Account Creation Process
Registration and Account Creation
To establish a company profile with Trashify, an administrative user ("Admin") must first register by accessing the platform at https://app.trashify.tech/. This access may be facilitated through various channels including, but not limited to, an account confirmation email, the Self-service portal on the Trashify website, or any other access link provided by Trashify Tech.
During registration, the Admin must select the 'Register Here' option and input all necessary details pertaining to the primary user and the organisation. The Admin is responsible for ensuring that all provided information is accurate, complete, and up-to-date. The Admin must promptly rectify any inaccuracies or changes in this information.
Terms and Conditions Agreement
Following the input of user and organisation details, the Admin must review and accept the Terms and Conditions Agreement. Upon acceptance, the Admin will gain access to the designated user dashboard on the platform.
Dashboard and Settings Management
The Admin is authorised to modify settings within the dashboard, including managing organisational members, updating company data, and integrating additional facilities.
Delegation of Access
The Admin possesses the authority to delegate dashboard access to other individuals within the same organisation. This delegation is facilitated through an invitation mechanism available on the platform.
Prospective delegates must receive an invitation initiated by the Admin through the platform.
Upon accepting the invitation, delegates are required to create their own user profile and accept the Terms and Conditions Agreement prior to gaining access to the dashboard.
Accuracy and Compliance
All users, including Admins and delegates, are obligated to provide and maintain accurate, complete, and up-to-date information in their user profiles and any other communications with Trashify. Failure to comply with these requirements may result in access restrictions or account termination.
User Responsibilities
Security and Confidentiality of Credentials: Users shall maintain the security and confidentiality of their account credentials at all times. Under no circumstances shall account information be disclosed to or shared with third parties.
Notification of Unauthorised Access: Users are required to promptly notify Trashify Tech OÜ of any unauthorised access to or breach of their account's security. Such notifications should be directed to the designated contact points provided by Trashify.
Accountability for Actions: Users are solely accountable for all activities that occur under their account. This includes responsibility for any actions taken and decisions made through the use of the Trashify platform.
Indemnification: Users agree to indemnify, defend, and hold harmless Trashify and its affiliates, officers, agents, employees, and partners from any claims, damages, losses, liabilities, or expenses (including reasonable attorneys' fees) arising from or relating to any information provided by the user that is inaccurate, misleading, or in violation of any applicable laws or regulations.
Account Termination and Deletion: User accounts may be deleted at the user's request or upon termination of the service agreement with Trashify.
Usage Restrictions: The software and insights provided by Trashify are intended solely for the internal business purposes of the user. Users are prohibited from using the software for any other purposes without explicit written consent from Trashify.
Intellectual Property Rights: All intellectual property rights in the software, including but not limited to copyright, trademarks, and patents, are and shall remain the exclusive property of Trashify. Users are granted a non-exclusive, non-transferable, limited right to access and use the software in accordance with these terms.
Trashify reserves the right to suspend or terminate accounts for violations of the terms.
Prohibited Use
The Client may not use, or facilitate or allow others to use the Services:
for any illegal or fraudulent activity;
to violate the rights of others;
to threaten, incite, promote, or actively encourage violence, terrorism, or other serious harm;
for any content or activity that promotes child sexual exploitation or abuse;
to violate the security, integrity, or availability of any user, network, computer or communications system, software application, or network or computing device;
or to distribute, publish, send, or facilitate the sending of unsolicited mass email or other messages, promotions, advertising, solicitations or spam.
8. Intellectual Property Rights
Client Content: Except as provided in the clause( Intellectual Property, Proprietary Rights ), Trashify and its Affiliates obtain no Intellectual Property Rights under this Agreement from the Client to the Client Content. The Client consents to Trashify's use of Client Content for the purpose of providing the Services. Trashify will take reasonable precautions to protect and keep confidential Client Content, and not use (except as per these Terms or otherwise consented to by the Client) or disclose Client Content to any third party. Trashify may disclose Client Content to its Representatives on a need-to-know basis, provided that such Representatives are bound by the same confidentiality and non-use obligations as provided in this Agreement.
Software, Services and Work Product: Any and all rights, including Intellectual Property Rights not expressly granted to the Client in this Agreement are reserved by Trashify. Trashify does not grant to Client or any third party any right, title or interest, including without limitation, any security interest, in any of the Services or Work Product. Trashify reserves the right to exercise any rights in the Services and Work Products, including the right to licence, sublicense or otherwise exploit or dispose of such rights to any party and in any manner, without restriction. Client agrees that all proprietary right, Intellectual Property Rights title and interest in the Services and Work Product shall remain with Trashify and that any use of the Services and Work Product by the Client and Users shall not create any interest or right, express or implied, in the Services and Work Product in the Client except as expressly set forth in this Agreement, and that Client does not and will not assert any claim to any ownership thereof, except as expressly set forth in Licence of Software. If, by operation of the law of any jurisdiction, or otherwise, Client is deemed to or appears to own any property rights in the Services or Work Product other than as set forth in this Agreement, Client hereby assigns all right, title and interest in such property rights to Trashify, and Client shall, at the request of Trashify, execute any and all documents necessary to confirm or otherwise establish the rights of Trashify therein.
Adequate Rights:The Client represents and warrants to Trashify that: (a) the Client owns all right, title, and interest in and to the Client Content and Suggestions; (b) Trashify has all rights in Client Content and Suggestions necessary to grant the rights contemplated by this Agreement.
9. Data Privacy and Security
Security : Trashify will implement reasonable and appropriate measures designed to secure the Client and Users against accidental or unlawful loss, access or disclosure.
Encryption: All data transmitted from the device to our cloud storage and server is encrypted.
Secure Storage: All videos are encrypted. AWS S3 provides robust security measures that comply with industry standards.
Access Controls: Access to the server database and cloud storage is tightly controlled (only I have access).
Compliance: Trashify adheres to relevant legal and regulatory requirements for data protection. This includes compliance with standards such as GDPR (if applicable), which govern the protection and privacy of user data.
Network Security: The server infrastructure on Heroku is protected by advanced network security measures, including firewalls and intrusion detection systems, which help to block malicious traffic and prevent data breaches.
Data Privacy : Trashify will not access or use the Client Data except as necessary to maintain or provide the Software and Services, or as necessary to comply with the law or a binding order of a governmental body. Trashify will not disclose any Client Data to any government or third party except in each case as necessary to comply with the law or a binding order of a governmental body. Unless it would violate the law or a binding order of a governmental body, Trashify will give the Client and User, as applicable, notice of any legal requirement or order. Trashify will only use the Client Data provided the User consents to such usage.
Service Attributes : To provide billing and administration services, Trashify may process Service Attributes in the region(s) where the Client uses the Software. To provide the Client with support services requested by the Client and investigate fraud, abuse or violations of this Agreement, Trashify may process Service Attributes where Trashify maintains its support and investigation personnel. Trashify may also process Service Attributes for improvement of its Software or Services.
Consent: The Client will take and maintain appropriate consent from the Users for their use of the Software and Services. The Client must ensure that all Users understand that the Client Data will be used by Trashify in accordance with the Agreement.
10. Limitation of Liability
Trashify Tech OÜ (or the company providing the software) shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages arising from the use of the software, including but not limited to damages for loss of profits, data, or other intangible losses.
The software is provided "as is" and "as available" without any warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
12. Governing Law and Dispute Resolution
Governing Law and Jurisdiction . All disputes arising from this Agreement shall be settled through negotiations. In case of failure of negotiations, the disputes shall be settled in court, according to the law of Estonia.
Trashify reserves the right to amend the terms and conditions with notice to users. Users will receive updates via email and in-platform notifications, and they will have 24 days to review or reject the amended terms and conditions.
15. Contact Information
For any queries, please contact hello@trashify.tech.
