1. Details of website, services and future changes
treble.com ("Website") is a site operated by Treblle Limited ("Treblle"). Treblle is registered in England and Wales under company number 13362480 with registered office at Mercer & Hole, 21 Lombard Street, London, England, EC3V 9AH.
To contact Treblle please email [email protected].
Treblle has developed and provides a service consisting of internet access to application software at its remote computer location for the purpose of real-time API monitoring, logging and analytics ("Software").
These terms and conditions apply to use by customers of the Software and the related services to be provided by Treblle ("Customers").
The scope of services which will be provided to the Customer will depend on the package which the Customer has signed up for ("Services"). The list of packages are set out in the attached link https://treblle.com/pricing. Each package gives the right to permit persons authorised by the Customer to use the Software ("Users")
The Customer shall be fully responsible for the compliance with these Terms and Conditions by its Users.
Treblle may amend these Terms from time to time. In such event, Treblle will place a notice providing details of the amendments on the Website. If the Customer is not willing to use the Services on the basis of the amended Terms, the Customer must cease to use the Services and the Website. Continued use of the Services and the Website after placement of the notice by Treblle shall constitute acceptance by the Customer of the amended terms.
Treblle may update and change the Website from time to time to reflect changes to its products and business priorities.
Access to the Software and the stored data is possible at all times outside of Treblle’s maintenance period, unless Treblle is required to carry out emergency support works or take other urgent measures in order to maintain the Software's usability. The object or source code of the Software will not be disclosed.
2. Registration of Account
Each Customer must register an account on the Website. Treblle has the right to refuse to accept registration of any Customer.
Depending on the package the Customer has selected, the Customer may set up additional user accounts and control and edit the administration rights relating to such additional user accounts. The Customer shall be solely responsible for such Account and additional user accounts (if any.)
3. Data Processing
Treblle will make the Software available on its servers or on the server of an engaged data processor ("Data Processor's Server"). Use of the Software will be made available to the Customer by Treblle via the Data Processor’s Server. The Customer shall be responsible for establishing and maintaining the data connection between the User's end device and the delivery point operated by Treblle.
4. Intellectual Property rights
The Customer acknowledges and agrees that Treblle and/or its licensors own all intellectual property rights in the Website and in relation to the Services. Except as expressly stated herein, the Customer has no rights to, under or in, any patents, copyright, database right, trade secrets, trade names, trade marks (whether registered or unregistered), or any other rights or licences in respect of the Services.
Treblle grants the Customer a revocable, non-exclusive, non-transferable, non-sublicensable, licence to use the Services and the Website. The Customer’s licence will end when the Contract is terminated.
5. Treblle API
Treblle operates an application programming interface ("Treblle API"). Any use by the Customer of the Treblle API (including through a third-party product) is subject to these Terms. If the Customer’s use of the Treblle API is, in the reasonable opinion of Treblle, excessive having regard to the package of Services which the Customer has signed up for, Treblle reserves the right to suspend the Customer’s right to use the Services (in whole or in part).
6. Limitations on liability
The Customer assumes sole responsibility for results obtained from the use of the Services by the Customer, and for conclusions drawn from such use.
All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this contract.
Save in respect of liability for personal injury or death or due to fraud (in respect of which liability is unlimited), Treblle excludes all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it or in respect of the Services.
Treblle will not be liable to the Customer or any User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website; or
- use of or inability to use the Treblle API.
In particular, Treblle will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Treblle's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this agreement shall be limited to the total Fees paid during the 12 months immediately preceding the date on which the claim arose.
If the Customer makes use of a feature that allows it to upload content to the Website, or to make contact with other users of the Website, the Customer must comply with the content standards set out in Treblle's Acceptable Use Policy https://treblle.com/privacy-policy.
The Customer warrants that any such contribution does comply with those standards, and the Customer will be liable to Treblle and indemnify Treblle for any breach of that warranty. The Customer will be responsible for and indemnify Treblle for any losses, costs or expenses arising out of breach of warranty.
Any content the Customer uploads to the Website will be considered non-confidential and non-proprietary. The Customer will retain all of its ownership rights in such content, but is required to grant to Treblle a limited licence to use, store and copy that content and to distribute and make it available to third parties.
The Customer hereby represents and warrants that: (i) it holds the necessary intellectual property rights or is otherwise authorized to use such Content for the purpose of the Service; and (ii) such Content does not infringe any third party rights (copyrights, trademarks, other intellectual property rights) or infringes such third party's privacy.
Treblle has the right to disclose the Customer’s identity to any third party who is claiming that any content posted or uploaded by the Customer to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.
Treblle has the right to remove any posting a Customer makes on the Website if, in Treblle’s opinion, the post does not comply with the content standards set out in the Acceptable Use Policy https://treblle.com/privacy-policy.
The Customer is solely responsible for securing and backing up its content.
The Customer shall not access, store, distribute or transmit any viruses, or any material during the course of its use of the Services that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
- facilitates illegal activity;
- depicts sexually explicit images;
- promotes unlawful violence;
- is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or
- is otherwise illegal or causes damage or injury to any person or property;
and Treblle reserves the right, without liability or prejudice to its other rights to the Customer, to disable the Customer's access to any material that breaches the provisions of this prohibition.
The Customer shall not:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Software in any form or media or by any means; or
- attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Software; or
- access all or any part of the Services in order to build a product or service which competes with the Services; or
- use the Services to provide services to third parties; or
- license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services available to any third party except the Customer’s Users, or
- introduce or permit the introduction of, any virus or vulnerability into Treblle’s network and information systems.
In the event of a breach of the above by the Customer, Treblle shall be entitled to deny access to the Services and/or immediately terminate the agreement.
9. Backing up
It is the Customer's responsibility to save and back-up data which is placed on the Website.
Treblle has the right to back-up data.
The Customer's use of the Services is subject to payment of the fees applicable to the Services plan selected and/or used by the Customer ("Fees"). The Fees, permitted usage, and available features for each Services plan are listed at https://treblle.com/pricing
The Customer is not entitled to cancel any order and any Fees due are non-refundable. The amount of fees payable by the Customer shall vary depending upon the number of Users, the period of agreed usage ("
In the event that the Customer sends more Incidents than the permitted amount, further fees will be payable for each additional Incident notified to Treblle. The amount of such fees is stated on the Website.
Treblle's fees are exclusive of all taxes that are payable in respect of the Services in the jurisdiction in which the payment is either made or received ("Taxes"). In the event that any deduction or withholding is required to be made under applicable law, the Customer will gross-up the amount paid so that Treblle receives the full amount due.
11. Term and termination
At the end of the Term, the Contract will automatically renew for the same period ("Renewal Term") unless it has been terminated by the Customer at least 14 days prior to the expiry of the Term by service of notice by the Customer. At the end of the first and each subsequent Renewal Term, the Contract will continue unless it has been terminated by the Customer at least 14 days prior to the expiry of the relevant Renewal Term by service of notice by the Customer. In such circumstances, the Fees for each Renewal Term will be the amount payable in the preceding Term (or Renewal Term as applicable) plus an additional amount (up to a maximum of 15%) as Treblle shall determine in its discretion.
Without affecting any other right or remedy available to it, either party may terminate the Contract with immediate effect by giving written notice to the other party if:
- the other party fails to pay any amount due on the due date for payment and remains in default not less than 30 days after being notified in writing to make such payment;
- the other party commits a material breach of any other term of the Contract and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
- the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986;
- the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
- the other party applies to court for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
- a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of that other party other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party;
- an application is made to court, or an order is made, for the appointment of an administrator, or if a notice of intention to appoint an administrator is given or if an administrator is appointed, over the other party (being a company, partnership or limited liability partnership);
- the holder of a qualifying floating charge over the assets of that other party (being a company or limited liability partnership) has become entitled to appoint or has appointed an administrative receiver;
- a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
- a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of the other party's assets and such attachment or process is not discharged within 14 days;
- any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in paragraphs (c) to (j)(inclusive); or
- the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
On termination of this agreement for any reason:
- all licences granted under the Contract shall immediately terminate and the Customer shall immediately cease all use of the Services;
- Treblle may destroy or otherwise dispose of any of the Customer's data in its possession unless Treblle receives, no later than ten days after the effective date of the termination of this agreement, a written request for the delivery to the Customer of the then most recent back-up of the Customer's data. Treblle shall use reasonable commercial endeavours to deliver the back-up to the Customer within 30 days of its receipt of such a written request, provided that the Customer has, at that time, paid all fees and charges outstanding at and resulting from termination (whether or not due at the date of termination). The Customer shall pay all reasonable expenses incurred by Treblle in returning or disposing of Customer's data;
- any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination shall not be affected or prejudiced; and
- accessing the data saved onto the Software will no longer be possible for the Customer.
12. Data Protection
13. Force majeure
Treblle shall have no liability to the Customer under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Treblle or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors, provided that the Customer is notified of such an event and its expected duration.
No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16. Rights and remedies
Except as expressly provided in the Contract, the rights and remedies provided under the Contract are in addition to, and not exclusive of, any rights or remedies provided by law.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of the Contract.
If any provision or part-provision of the Contract is deemed deleted under the paragraph above the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision
18. Entire agreement
The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract.
Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Nothing in this clause shall limit or exclude any liability for fraud.
The Customer shall not, without the prior written consent of Treblle, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
Treblle may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
20. No partnership or agency
Nothing in the Contract is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
21. Third party rights
The Contract does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Any notice or other communication given to a party under or in connection with this agreement shall be in writing and shall be sent by email (i) to Treblle at its e mail address stated in clause 1 and (ii) to the Customer at its e mail address stated on the Website.
23. Governing law
The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).