Developer Terms of Use
Last updated on: August 22, 2025
By agreeing or accessing or using the Services, you indicate your assent to be bound by these Terms. If you do not agree to these Terms, do not use or access the Services. These Terms contain mandatory information arbitration provisions that require the use of arbitration to resolve disputes. Please read this document carefully.
These Terms are between Trendful Inc., a Delaware corporation ("Trendful"), and any entity or individual accessing or using Trendful's beta testing development environment or sandbox environment ("Client"). If you are accessing or using the Trendful beta testing or sandbox environment on behalf of another entity, then that entity is the Client. Trendful may modify these Terms from time to time in accordance with Section 13 (Modifications) below.
1. ACCESS RIGHTS; RESTRICTIONS
1.1. Access. Subject to the Client's compliance with the terms and conditions of these Terms, Trendful hereby agrees that during the term of these Terms, the Client has the non-exclusive right to: (i) internally use the package of application programming interface materials provided by Trendful (the "API Package") solely as necessary to make an application owned and operated by the Client (the "Client Application") interoperate with the Trendful Enterprise plan services described on https://www.trendful.com (collectively with the API Package, the "Services"), (ii) use the Services in such Client Application provided to end-users (consumers or businesses) (the "End Users"). All use of the Services must be only as provided in these Terms, only in accordance with Trendful's applicable technical user documentation.
1.2. Restrictions. Unless Trendful specifically agrees in writing, the Client will not, and will not enable or assist any third party to: (i) attempt to reverse engineer (except as permitted by law), decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services; (ii) download the data returned by the Sandbox API to make use of it offline with the goal of reverse engineering or replicating any Trendful Services while or after this Agreement has terminated; (iii) modify, translate, or create derivative works based on the Services; (iv) make the Services available to, or use the Services for the benefit of anyone other than the Client or End Users; (v) sell, resell, license, sublicense, distribute, rent or lease any Services to any third-party, or include any Services in a service bureau, timesharing, or equivalent offering; (vi) publicly disseminate information from any source regarding the performance of the Services; or (vii) attempt to create a substitute or similar service through use of, or access to, the Services. Client will use the Services only in compliance with (a) the rights granted hereunder, (b) the Trendful developer policies (available at https://www.trendful.com), and (c) any agreements between Client and End Users (for clarity, including any privacy policy or statement). Notwithstanding anything to the contrary, the Client accepts and assumes all responsibility for complying with all applicable laws and regulations in connection with all Client's activities involving any Services or End User data.
1.3. Ownership. Except for the rights expressly granted under this Section 1, Trendful reserves and retains all rights, title, and interest in and to the Services which includes but is not limited to the API Package, software, products, works, and other intellectual property created, used, or provided by Trendful for the purposes of these Terms. To the extent the Client provides Trendful with and feedback relating to the Services (including, without limitation, feedback related to usability, performance, interactivity, bug reports, and test results) ("Feedback"), Trendful will own all right, title, and interest in and to such Feedback (and the Client hereby makes all assignments necessary to achieve such ownership).
1.4. Permitted Users. Client may permit its employees, agents, contractors, and service providers to access the Services on Client's behalf ("Permitted Users"), provided that Client remains responsible for their compliance with all the terms and conditions of these Terms (including without limitation terms relating to use of Services) and that any such use of the Services is for the sole benefit of Client. If Client enables any third parties as Permitted Users, Client (not Trendful) remains solely responsible for its relationships with such third parties and for any related billing matters, technical support, or disputes.
2. DEVELOPMENT ACCOUNTS
Trendful may offer free sandbox or beta testing accounts for the Services ("Development Accounts"). Client may use Development Accounts solely for internal evaluation of the Services to determine whether to enter into a paid commercial relationship with Trendful and not for production access or any other purpose. In using Development Accounts, Client must comply with Trendful's relevant documentation, policies, and instructions, including as relates to the data types and use cases eligible for Development Accounts. Trendful may make available different types of Development Accounts, and each Development Account may have limited functionality and other usage limits. Trendful may modify or disable Development Accounts (and delete related data provided by Trendful) without notice or liability to Client. Trendful has no support obligations for Development Accounts. Subject to this paragraph, Development Accounts remain subject to the terms and conditions of these Terms, including without limitation Sections 1.2 (Restrictions) through 1.5 (Permitted Users), 6 (Warranties & Limitation of Liability).
3. TERM; TERMINATION
These Terms will commence on the Effective Date and will continue in effect unless terminated in accordance with these Terms. Either party may terminate these Terms in the event the other party materially breaches the terms of these Terms and fails to cure such breach within ten (10) days from receipt of written notice thereof. In addition, Trendful may immediately suspend the Services in the event it determines or believes that (a) there is unauthorized access to the Services via Client's account, (b) continued provision of the Services may do material harm to Trendful or its networks or systems or reputation of subject Trendful to liability, (c) Client breached Section 1 of these Terms. Trendful may terminate these Terms for any reason and without cause upon written notice to Client. But for Section 1.1, all provisions of these Terms will remain in force in the event of termination.
4. CONFIDENTIALITY
During the term of these Terms, each party (a "Disclosing Party") may disclose, under these Terms, the other party (a "Receiving Party") with confidential and/or proprietary materials and information of the first party ("Confidential Information"). All materials and information disclosed by Disclosing Party to Receiving Party under these Terms and identified at the time of disclosure as "Confidential" or bearing a similar legend, and all such other information that the Receiving Party reasonably should have known was the Confidential Information of the Disclosing Party, will be considered Confidential Information; for the avoidance of doubt, the Service, all pricing information and terms of these Terms, are Confidential Information of Trendful. Receiving Party will maintain the confidentiality of the Confidential Information and will not disclose such information to any third party without the prior written consent of Disclosing Party. Receiving Party will only use the Confidential Information internally for the purposes contemplated under these Terms. The obligations in this Section 4 will not apply to any information that: (i) is made generally available to the public without breach of these Terms, (ii) is developed by the Receiving independently from the Disclosing Party's Confidential Information, (iii) is disclosed to Receiving Party by a third party without restriction, or (iv) was in the Receiving Party's lawful possession prior to the disclosure to the Receiving Party and was not obtained by the Receiving Party either directly or indirectly from the Disclosing Party. Receiving Party may disclose Confidential Information as required by law or court order; provided that, Receiving Party provides Disclosing Party with prompt written notice thereof and uses its best efforts to limit disclosure. At any time, upon Disclosing Party's request, Receiving Party will return to Disclosing Party all Disclosing Party's Confidential Information in its possession, including, without limitation, all copies and extracts thereof. Notwithstanding the foregoing, (a) Receiving Party may disclose Confidential Information to any third party to the limited extent necessary to exercise its rights, or perform its obligations, under these Terms; provided that, all such third parties are bound in writing by obligations of confidentiality and non-use at least as protective of the Disclosing Party's Confidential Information as these Terms and (b) all Feedback and the API Package will solely Trendful's "Confidential Information."
5. INDEMNITY
The Client will defend, indemnify, and hold Trendful harmless from and against all third-party claims, actions, proceeding, regulatory investigations, damages, losses, judgments, settlements, costs, and expenses (including attorneys' fees), arising from or in connection with: (i) Client breach of any laws or regulations (including with respect to privacy); (ii) Client's or Permitted User's use of the Services; or (iii) Client's violation of any agreements it has with any End User.
6. WARRANTIES & LIMITATION OF LIABILITY
6.1. THE SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS." USE OF THE SERVICES IS AT THE CLIENT'S OWN RISK. TRENDFUL DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO THE SERVICES PROVIDED BY TRENDFUL, INCLUDING BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, LACK OF VIRUSES, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS PROVIDED IN SECTION 10.1, ABOVE, TRENDFUL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY RELATING TO THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, ACCURACY, OR COMPLETENESS OF THE SERVICES, ANY DATA, INFORMATION, RECORD, OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SERVICES OR THE ACCURACY OF THE INFORMATION OR OTHER CONTENT, FOR ANY PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, TRENDFUL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY THAT (1) THE SERVICES WILL MEET THE CLIENT'S REQUIREMENTS OR EXPECTATIONS, (2) THE SERVICES WILL BE ERROR-FREE, OR (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED.
6.2. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRENDFUL'S LIABILITY TO THE CLIENT ARISING FROM THESE TERMS OR THE USE OF THE SERVICES SHALL BE LIMITED TO THE CLIENT'S DIRECT DAMAGES, BUT AND IN NO EVENT WILL TRENDFUL BE LIABLE FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS ACTUALLY RECEIVED BY TRENDFUL PURSUANT TO THIS AGREEMENT. THE CLIENT HEREBY ACKNOWLEDGES THAT TRENDFUL SHALL NOT BE LIABLE TO THE CLIENT FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO ECONOMIC, EMOTIONAL, SPECIAL, INCIDENTAL, INDIRECT, COLLATERAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION-BASED UPON CONTRACT, EQUITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY OF LIABILITY (INCLUDING BREACH OF WARRANTY) ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR PERFORMANCE OF OR INABILITY TO USE THE SERVICE OR ANY ERROR, OMISSION OR INACCURACY CONTAINED IN, ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SERVICE OR FROM ANY LOSS OR CORRUPTION OF DATA, EVEN IF TRENDFUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRENDFUL BE LIABLE FOR DAMAGES FOR LOSS OF USE, FOR DELAY, LOSS OF BUSINESS, LOSS OF REVENUE, PROFITS OR SAVINGS, BUSINESS INTERRUPTION LOSS, LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF PRIVACY, AND LOSS OF GOODWILL, AND LIABILITY TO THIRD PARTIES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATED TO THE USE OR PERFORMANCE OF OR INABILITY TO USE THE SERVICE OR ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO THE USE OR INABILITY TO USE ANY DATA, INFORMATION, RECORD OR RESULTS OBTAINED THROUGH OR RESULTING FROM THE USE OF THE SERVICE, ANY LOSS OR CORRUPTION OF DATA, OR ARISING FROM ANY FAILURE TO MEET ANY DUTY, INCLUDING ANY DUTY OF GOOD FAITH OR TO EXERCISE COMMERCIALLY REASONABLE CARE. CLIENT ACKNOWLEDGES THAT IT IS WAIVING ANY RIGHTS IT MAY HAVE UNDER ANY LAWS WHATSOEVER TO BRING ANY CLAIM OR SEEK ANY REMEDY, EITHER DIRECTLY OR INDIRECTLY, AGAINST TRENDFUL FOR ANY ACTION MENTIONED IN THIS SECTION.
7. NOTICES
All notices required or made pursuant to this Agreement to be given to the Client shall be given in writing either by way of the United States Postal Services, first-class postage prepaid, or through email to the address on record.
Trendful's email address: Jackie de la Parte, CEO jackie@trendful.com
8. RIGHTS TO INJUNCTIVE RELIEF
Both parties acknowledge that the remedies at law may be inadequate to provide Trendful or the Client with full compensation in the event of the Client's or Trendful's material breach of any provisions of this Agreement concerning confidentiality or limitations on the use of the Services and that Trendful or Client shall therefore be entitled to seek injunctive or other equitable relief, including specific performance in the event of any such material breach.
9. GOVERNING LAW & WAIVER OF JURY TRIAL
9.1. The validity, construction, interpretation, and performance of these Terms shall be governed by and construed in accordance with the laws of the State of Florida except as to its principles of conflicts of laws, and the parties hereto irrevocably submit to the exclusive jurisdiction and venue of the courts of the State of Florida to resolve any disputes arising hereunder or related hereto, and hereby further irrevocably waive any claim that such suit, action or proceeding in any court has been brought in an inconvenient forum. Any claim allowed to be brought pursuant to the terms of these Terms shall be brought solely in the United States District Court for the Middle District of Florida, Tampa Division, or Circuit Court for the Thirteenth Judicial Circuit of Florida, Tampa Division.
9.2. Each party, as a condition of its right to enforce or defend any right or in connection with these Terms, waives any right to a trial by jury in any action to enforce or defend any right under these Terms, and agrees that any action shall be tried before a court and not before a jury.
10. WAIVER OF BREACH
No waiver of breach or failure to exercise any option, right, or privilege under the terms of these Terms on any occasion or occasions shall be construed to be a waiver of the same or any other option, right, or privilege on any other occasion.
11. SEVERABILITY
If any of the provisions of these Terms shall be invalid or unenforceable under the laws of the jurisdiction where enforcement is sought, such invalidity or unenforceability shall not invalidate or render unenforceable the entire Agreement, but rather a valid and enforceable provision as similar as possible in application to the invalid or unenforceable provision shall be deemed substituted in lieu thereof, and the rights and obligations of Trendful and Client shall be construed and enforced accordingly, with the remaining terms, provisions, covenants, and restrictions of these Terms to remain in full legal force and effect in accordance with their provisions. The headings used in these Terms are for convenience only and shall not be used in interpreting or construing the meaning of these Terms.
12. DISPUTE RESOLUTION
If a dispute arises out of or relates to these Terms, or the breach thereof, the parties agree to submit the dispute to a mediator selected by the parties or, if the parties are unable to agree on a mediator, the parties agree to submit the dispute to mediation under the rules of the American Arbitration Association (AAA). The mediation rules of the AAA shall govern any dispute between the parties to this Agreement submitted to mediation. If the dispute is not resolved through mediation within sixty (60) days of the initiation of the dispute resolution process, either party may pursue any right or remedy it may have in law or in equity.
13. MODIFICATIONS
From time to time, Trendful may modify these Terms. Trendful will use commercially reasonable efforts to notify Client of the modifications and the effective date of such modifications through communications via Client's account, email, or other means. Client must accept the modifications to continue accessing or using Development Accounts. If Client objects to the modifications, its exclusive remedy is to cease any and all access and use of Development Accounts. Client may be required to click to accept or otherwise agree to the modified Terms in order to continue accessing or using the Services, and in any event continued access or use of the Services after the modified version of these Terms goes into effect will constitute Client's acceptance of such modified version.
THE CLIENT ACKNOWLEDGES THAT THE CLIENT HAS READ THESE TERMS, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. CLIENT FURTHER AGREES THAT THESE TERMS IS A COMPLETE AND EXCLUSIVE STATEMENT OF THESE TERMS BETWEEN TRENDFUL AND THE CLIENT AND THAT IT SUPERSEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS, NEGOTIATIONS, DISCUSSIONS, AND PROPOSALS, ORAL OR WRITTEN, AND ANY AND ALL OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTERS OF THESE TERMS.