Terms of Service

Agreement to Our Legal Terms

We are The Stormy Butterfly Foundation ("Company," "we," "us," "our"), a company registered in California, United States at 1875 S Bascom Ave, Suite 2400, Campbell, CA 95008.

We operate the website https://www.trustlinemobile.com (the "Site"), the mobile application TrustLine (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

You can contact us by phone at (+1) 415-640-1084, email at info@stormybutterfly.org, or by mail to 1875 S Bascom Ave, Suite 2400, Campbell, CA 95008, United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Stormy Butterfly Foundation, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all of these Legal Terms, then you are expressly prohibited from using the Services and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Intellectual Property Rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "Prohibited Activities" section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@stormybutterfly.org. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload. By sending us Submissions through any part of the Services you confirm that you have read and agree with our "Prohibited Activities" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; to the extent permissible by applicable law, waive any and all moral rights to any such Submission; warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and warrant and represent that your Submissions do not constitute confidential information. You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Purchases and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover
• PayPal
• Apple Pay

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. Subscriptions

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle will depend on the type of subscription plan you choose when you subscribed to the Services.

Cancellation

You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at info@stormybutterfly.org.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

7. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

8. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit any material that acts as a passive or active information collection or transmission mechanism (web bugs, cookies, or similar "spyware" devices).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass any measures of the Services designed to prevent or restrict access.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Use, launch, develop, or distribute any automated system, including any spider, robot, cheat utility, scraper, or offline reader that accesses the Services.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

9. User Generated Contributions

The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. When you create or make available any Contributions, you represent and warrant that your Contributions do not infringe any third party's rights, that you own or have the necessary rights and licenses to use and authorize our use of your Contributions, that you have the consent of every identifiable individual person in your Contributions, and that your Contributions are not false, inaccurate, misleading, unsolicited advertising, obscene, harassing, unlawful, or otherwise objectionable. Any use of the Services in violation of the foregoing may result in termination or suspension of your rights to use the Services.

10. Contribution License

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

11. Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. Reviews must reflect firsthand experience, avoid offensive, discriminatory, or illegal content, avoid false or misleading statements, and may not be organized as a campaign encouraging others to post reviews. We may accept, reject, or remove reviews in our sole discretion and have no obligation to screen or delete reviews. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content relating to the review.

12. Mobile Application License

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you. You shall not decompile, reverse engineer, disassemble, modify, or create derivative works from the App except as permitted by applicable law; remove or obscure any proprietary notice; use the App for any revenue-generating endeavor for which it is not designed; make the App available over a network to multiple devices or users at once; or use the App to send automated queries or unsolicited commercial email.

When you access the App via the Apple App Store or Google Play (each an "App Distributor"): the license is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, in accordance with the applicable App Distributor's terms of service; each App Distributor has no obligation to furnish any maintenance and support services with respect to the App; in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor for a refund of the purchase price, if any; you represent that you are not located in a country subject to a US government embargo or listed as a "terrorist-supporting" country, and are not on any US government list of prohibited or restricted parties; and each App Distributor is a third-party beneficiary of this mobile application license and may enforce it against you.

13. Services Management

We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms; take appropriate legal action against anyone who violates the law or these Legal Terms, including reporting such user to law enforcement authorities; refuse, restrict, limit, or disable any of your Contributions; remove content that is excessive in size or burdensome to our systems; and otherwise manage the Services in a manner designed to protect our rights and property and facilitate proper functioning of the Services.

14. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

15. SMS Messaging Terms

Program name

The TrustLine Conservator-Controlled Conversational Messaging Program.

Program description

TrustLine is a conservator-controlled communication service operated by The Stormy Butterfly Foundation. TrustLine allows protected persons to exchange conversational SMS messages with conservator-approved contacts.

A protected person may be assigned a TrustLine phone number for voice and SMS communication. SMS messages sent through TrustLine are user-generated, conversational messages. TrustLine does not allow protected persons to send SMS messages to arbitrary recipients. Outbound SMS is only enabled when both of the following are true: (1) the recipient has been approved by the protected person's conservator; and (2) the recipient has opted in to receive SMS messages through TrustLine.

Messages may include conversational updates, coordination messages, check-ins, scheduling messages, appointment-related messages, pickup or arrival messages, and other free-form user-generated communications from conservator-approved contacts. Messages may come from phone numbers assigned by TrustLine to conservator-approved contacts.

Opt-in

Recipients may opt in to receive TrustLine SMS messages by either texting START plus a unique opt-in code to a TrustLine opt-in number, or completing a TrustLine web consent page, verifying their mobile number, and affirmatively agreeing to receive SMS messages. By opting in, you agree to receive conversational SMS messages through TrustLine from conservator-approved contacts. Consent to receive SMS messages is optional and may be revoked at any time.

Message frequency

Message frequency varies based on use of the Services and the number of conservator-approved conversations. Because TrustLine messages are user-generated conversational messages, the number of messages you receive may vary.

Message and data rates

Message and data rates may apply. TrustLine does not charge recipients for SMS messages, but your wireless carrier may charge fees for sending or receiving text messages depending on your mobile service plan.

Opt-out instructions

You may opt out of TrustLine SMS messages at any time by replying STOP to any TrustLine SMS message. After you send STOP, TrustLine may send one confirmation message stating that you have been opted out. After that, TrustLine will block future outbound SMS messages to your number for the applicable TrustLine messaging program unless you opt back in.

Help instructions

For help, reply HELP to any TrustLine SMS message. You may also contact TrustLine support by email at info@stormybutterfly.org or by phone at (+1) 415-640-1084.

Carrier disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Relationship to these Legal Terms

These SMS Messaging Terms are part of these Legal Terms. By opting in to receive TrustLine SMS messages, you agree to these SMS Messaging Terms and the rest of these Legal Terms.

16. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services to any person for any reason or for no reason, including for breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. We reserve the right to take appropriate legal action, including civil, criminal, and injunctive redress.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice, and have no obligation to update any information on our Services. We cannot guarantee the Services will be available at all times and will not be liable for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services.

18. Governing Law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

19. Dispute Resolution

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded) will be finally and exclusively resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), and where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes. Arbitration will take place in Santa Clara, California, unless otherwise required by applicable AAA rules or law. Any arbitration is limited to the Dispute between the Parties individually; no arbitration shall be joined with any other proceeding, brought on a class-action basis, or in a representative capacity. Disputes seeking to enforce or protect intellectual property rights, disputes related to theft, piracy, invasion of privacy, or unauthorized use, and claims for injunctive relief are excluded from binding arbitration. No Dispute may be brought more than two (2) years after the cause of action arose.

20. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. Disclaimer

The Services are provided on an as-is and as-available basis. Your use of the Services is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services' content and assume no liability for errors, personal injury or property damage, unauthorized access to our servers, interruption of transmission, bugs or viruses, or any content posted, transmitted, or made available via the Services.

22. Limitations of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Our liability to you for any cause whatsoever will at all times be limited to the amount paid, if any, by you to us during the twelve (12) month period prior to any cause of action arising. Some jurisdictions do not allow limitations on implied warranties or exclusion of certain damages, so some of these limitations may not apply to you.

23. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, arising out of your use of the Services, breach of these Legal Terms, breach of your representations and warranties, your violation of the rights of a third party, or any overt harmful act toward another user of the Services.

24. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. We have no liability to you for any loss or corruption of any such data.

25. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services.

26. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision shall not operate as a waiver of such right or provision. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision is determined to be unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.

28. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

The Stormy Butterfly Foundation
1875 S Bascom Ave, Suite 2400
Campbell, CA 95008
United States
Phone: (+1) 415-640-1084
info@stormybutterfly.org