Terms of Use

At Tria, (previously Threely), a product built by Threely Dimensions Inc., a Delaware corporation, we are dedicated to ensuring the privacy and security of our users. By using the Tria Wallet ("Wallet"), you agree to be bound by these Terms of Use. If you do not agree to these terms, please do not use the Wallet.

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1. Tria's Obligations

1.1 Provision of the Service - Subject to the terms of this Agreement, Tria will provide the Service to the Customer for use by Authorized Users during the Term. Use must comply with the Documentation and is intended solely for authenticating users of Customer Applications. Tria grants the Customer the right for its Authorized Users to access and use the Service along with any Tria-provided software. This use must remain aligned with the Documentation and is limited to the authentication and identification of end users of Customer Applications. The Tria Platform and Services are non-custodial.‍

1.2 Updates and Upgrades - This Agreement also applies to any updates or upgrades to the Service provided by Tria. Tria reserves the right to modify the Service's features, interface, and documentation as needed to enhance the user experience.

1.3 Protection of Customer Data - Tria will implement appropriate security measures to protect Customer Data from unauthorized access or use as commercially reasonable administrative, physical, and technical safeguards.

1.4 Support - Tria will offer standard support, documentation, and online resources to help you use the Service

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2. Use of the Service

2.1 Access Credentials - Customer is responsible for safeguarding all Access Credentials associated with their account. This includes ensuring that Authorized Users also keep these credentials secure. Customer must notify Tria immediately of any unauthorized use of Access Credentials or other suspected security breaches

2.2 Customer Responsibilities - The customer will be responsible for:

Authorized User Compliance: Ensuring all authorized users adhere to the terms of this Agreement.
Customer Data: Maintaining the accuracy, integrity, appropriateness, and legality of all Customer Data.
Security: Preventing unauthorized access to the Service and immediately notifying Tria of any potential breaches or unauthorized use.
Legal Compliance: Using the Service in accordance with all applicable laws, regulations, and provided Documentation.
Consent: Obtaining necessary consents and providing notices to allow Tria to fulfill its obligations, including accessing and processing Personal Information as needed to provide the Service.

2.3 Usage Restrictions - Customer and it’s end users may not:

Share access - Make the Service available to anyone other than the Customer and Authorized Users.
Post unlawful or harmful content - Upload, transmit, or distribute content that is unlawful, harmful, or violates the intellectual property or privacy rights of others.
Illegal Use - Use the Wallet for any illegal or unauthorized purposes. Attempt to gain unauthorized access to the Wallet or any related systems or networks. Use the Wallet to engage in fraudulent or deceptive activities.
Resell or exploit - Sublicense, resell, timeshare, or similarly exploit the Service for commercial gain.
Disrupt or damage - Upload, transmit, or distribute content designed to disrupt or damage software, hardware, or telecommunications equipment.
Tamper with the Service - Reverse engineer, modify, or attempt to gain unauthorized access to the Service, its systems, or networks.
Build competing products - Use the Service to build a competitive product or service.
Sanctioned Countries: Users from countries that are subject to international sanctions or are listed on the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) sanctioned countries list are prohibited from using the Tria Wallet. By using the Wallet, you represent and warrant that you are not a resident or located in any such sanctioned country.
Compliance with Applicable Laws - You agree to comply with all applicable laws, regulations, and rules related to the use of the Tria Wallet, including but not limited to laws related to cryptocurrencies, money laundering, and financial transactions.
No Investment Advice - The information provided through the Tria Wallet, including any educational content or research materials, is for informational purposes only and should not be construed as investment, financial, or legal advice. Tria is not a financial advisor, and you should consult with a qualified professional before making any financial decisions.
Eligibility - You must be at least 18 years old to use the Wallet. By using the Wallet, you represent and warrant that you are at least 18 years old.
No Warranty - The Tria Wallet is provided "as is" and without any warranty of any kind, express or implied. Tria does not warrant that the Wallet will be error-free, secure, or continuously available. Tria disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Risks and Disclaimers - Crypto Asset Risks: The use of the Wallet involves risks associated with cryptocurrencies and blockchain technology. Prices of cryptocurrencies are highly volatile, and you understand that you may incur substantial losses when trading or holding cryptocurrencies. Tria is not responsible for any financial losses you may incur while using the Wallet.
Exploits and Bugs - The Tria Wallet is in Beta and may be subject to certain exploits or bugs. While Tria takes precautions to secure the Wallet, it cannot guarantee that the code is entirely free from errors or vulnerabilities. Users accept all risks associated with using the Wallet, including the risk of funds being lost due to exploits.
Non-Custodial Wallet - The Tria Wallet is a non-custodial crypto wallet, which means you are solely responsible for safeguarding your login credentials. Threely Dimensions Inc. ("Tria") does not have access to your private keys, and you are responsible for any actions or transactions made using your Wallet

2.4 Customer Applications - You (the customer) are fully responsible for creating, running, supporting, securing, and maintaining all Customer Applications. This includes ensuring End Users properly accept the terms and conditions governing these applications. You warrant compliance with all relevant privacy laws and regulations. This is especially important when handling the personal data of End Users interacting with your Customer Application.

2.5 Third-Party Services - Tria may include links or references to third-party resources within the Service. These Third-Party Services are offered for convenience and are not an endorsement by Tria. Third-Party Services are not under Dynamic’s control and, as such, are not considered part of our Services. Dynamic makes no representation or warranty regarding any Third-Party Service, including its availability, security, or suitability for use with or in conjunction with Dynamic’s Services. Any proprietary right or interest to any Third-Party Service and any content provided therein belongs to that third-party provider subject to any right or license Customer may hold as to such Third-Party Service. If you decide to access or use a Third-Party Service, your activity and use is governed by the Third-Party Service’s terms and conditions, not by those of Dynamic. A list of the terms of such Third-Party Services is provided here.

Tria leverages Third-Party Services for non-custodial embedded wallet key management infrastructure. In the event that Third-Party Services include the access to, or creation of, embedded wallets or functionality for exporting private keys for Customer or End Users, Customer acknowledges that (1) Tria does not host, maintain or have access to the authentication credentials for such wallets, including asymmetric, cryptographic keys (“Private Keys”) that are contained within the Third-Party Services and (2) Customer and its End Users are solely responsible for securing such authentication credentials and Private Keys. Tria is not responsible for any activities that End Users engage in when using End Users’ Private Keys.

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3. Tria’s IP

Tria reserves all rights, title, and interest in the Service. This includes modifications, derivative works, updates, and related intellectual property rights. Only the rights specifically mentioned in these Terms of Service are granted. Any feedback regarding the Service becomes the exclusive property of Tria, to be used without compensation. This also applies to feedback concerning information or services provided by Tria.

Customer gives Tria and its affiliates a global, non-exclusive license to use Customer Data solely for:

Providing, maintaining, and updating the Service according to these Terms of Service and Tria's Privacy Policy.
Addressing technical issues, including support requests.
Legal compliance.
Any other purpose with the Customer's written permission.Tria acquires no ownership rights to Customer Data beyond those stated in the agreement.

Customer allows Tria to:

Gather data on the Service's performance and use.
Collect, use, and analyze de-identified Customer Data to create statistical analyses, enhance the Service, and for research and development related to the Service or other Tria products.Tria retains all rights and ownership of Analyses. Analyses are not considered Customer Data.

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4. Confidentiality

“Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or reasonably understood to be confidential. This includes all copies, Customer Data, Tria's Service, and the terms of this Agreement. Confidential Information does not include information that is publicly known without a breach of confidentiality. The Receiving Party knew prior to disclosure without a breach. The Receiving Party obtains from a third party without a breach. The Receiving Party develops without using the Disclosing Party's Confidential Information.

The Receiving Party will - Protect Confidential Information with the same level of care used for its own confidential information (using at least reasonable care). Only use Confidential Information for purposes outlined in this Agreement. Limit access to those with a need to know and who agree to confidentiality terms as strict as those in this Agreement. Notify the Disclosing Party immediately about any unauthorized use or disclosure. Return or destroy the Disclosing Party's Confidential Information upon request.

The Receiving Party may disclose Confidential Information if required by law, but must provide the Disclosing Party with advance notice (if legally allowed) and reasonable assistance (at the Disclosing Party's expense) if the Disclosing Party chooses to contest the disclosure.

Customer is responsible for obtaining all necessary consents, licenses, and approvals before Tria processes any Customer Data. This processing must comply with this Agreement and Tria's Privacy Policy.

Customer chooses what Personal Information to process within the Tria Platform. Tria will comply with applicable privacy laws when handling Personal Information in its possession related to the Service. Customer must:

Comply with restrictions on the types of data processed within the Tria Platform.
Decide whether to implement updates or best practices provided by Tria.

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5. Tria Indemnification

Tria will defend Customer and its Affiliates against third-party claims alleging that Customer's authorized use of the Service infringes intellectual property rights. Tria will cover damages and reasonable attorneys' fees arising from such claims. This excludes claims resulting from: (a) Customer Data, (b) negligence, misconduct, or breach of this Agreement by Customer, its Affiliates, or Authorized Users, or (c) modifications/combinations of the Service not performed or approved by Tria.

Customer will defend Tria and its Affiliates against third-party claims alleging that Customer Data infringes rights (including privacy and publicity rights) of others, or that Customer's or an Authorized User's use of the Service violates applicable law. Customer will cover damages and reasonable attorneys' fees arising from such claims.

You agree to indemnify and hold harmless Tria, its officers, directors, employees, and affiliates from any claims, damages, liabilities, and expenses arising out of or in connection with your use of the Wallet or any violation of these Terms of Use.

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6. Fees

Customer will pay all fees specified in the Order. Payment obligations are non-cancelable and fees are non-refundable except as expressly stated in this Agreement. Tria will issue invoices according to the terms in the Order, and Customer must remit full payment within the time period specified on the invoice. Late payments may incur a finance charge of 1.5% per month (or the maximum permitted by law, whichever is lower) on the outstanding balance. Tria reserves the right to be reimbursed for collection expenses.

Fees for our services do not include applicable taxes. The Customer is responsible for all sales, use, excise, value-added, goods and services, consumption, and other similar taxes or duties associated with this Agreement (excluding taxes based on Tria's net income). If any taxing authority withholds taxes on payments for services provided by Tria, the Customer shall reimburse Tria for the amount withheld.

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Warranties and Disclaimers

7.1 Mutual Representations

Each Party represents that:

It is legally formed and has authority to enter this Agreement.
This Agreement has been properly approved and is binding upon it.
This Agreement doesn't violate any existing agreements of either Party.
It will follow relevant anti-corruption, trade, and export control laws.

7.2 Tria Warranties

Tria warrants that the Service will work as described in the Documentation. If not, Customer's only remedy is correction of the problem. If correction fails within a reasonable time, Customer may terminate the Agreement, and Tria will refund prepaid fees for the remaining Term.

7.3 Customer Warranties

Customer warrants that:

It has all rights to use the Service and provide Customer Data to Tria.
It has provided legal notices and obtained consents to provide Customer Data to Tria.
It understands the risks of transmitting Customer Data over the internet.
Beta offerings are "as is", without warranty or liability.
It does not engage in illegal activities or operate in sanctioned countries.

7.4 Disclaimer

EXCEPT FOR WARRANTIES IN SECTION 7.2, THE SERVICE IS PROVIDED "AS IS". TRIA DISCLAIMS ALL OTHER WARRANTIES. TRIA DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, DATA WILL BE ACCURATE, OR THAT DATA WILL NOT BE LOST. TRIA IS NOT RESPONSIBLE IF THE SERVICE DOES NOT MEET CUSTOMER'S NEEDS.

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8. Limitation of Liability

In no event shall Tria or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Wallet, even if Tria has been advised of the possibility of such damages. You agree that your use of the Wallet is at your sole risk.

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9. Governing Law and Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. Any dispute arising under or relating to these Terms of Use shall be resolved exclusively by the state and federal courts located in the State of Delaware.If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Entire Agreement:These Terms of Use constitute the entire agreement between you and Threely concerning the use of the Wallet and supersede all prior or contemporaneous communications and proposals, whether oral or written.

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10. Miscellaneous

Force Majeure - Neither party shall be liable for delays or failures in performing their obligations under this agreement if such delay or failure is caused by events beyond their reasonable control. This includes, but is not limited to, natural disasters, fires, epidemics, pandemics, riots, war, terrorism, denial of service attacks, internet outages, labor shortages, and judicial or government action.

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11. Term, Termination, and Suspension

11.1 Term of the Agreement

This Agreement begins on the Order's effective date and continues for the Initial Term specified in the Order. Unless either party gives written notice of non-renewal at least 30 days prior, the Agreement will automatically renew for successive periods equal to the Initial Term (“Renewal Terms”). Tria may adjust fees for Renewal Terms by providing written notice at least 10 days before the current term expires.

11.2 Termination for Cause

Either Tria or the Customer may terminate this Agreement with 30 days' written notice (email, first-class, or overnight mail) if the other party commits a material breach that's not fixed within the 30-day period. Tria will refund any prepaid fees for the remaining Term if the Customer terminates for cause. The Customer will pay all unpaid fees for the remaining Term if Tria terminates for cause.

11.3 Suspension

Tria may suspend access to the Service (fully or partially) if:

The Customer or Authorized Users violate this Agreement or any law.
Customer or Authorized User accounts are compromised.
Suspension is deemed necessary to protect Tria's systems or infrastructure.
Suspension is legally required.
Customer's fees are at least 30 days overdue (excluding good-faith disputes).

11.4 Effects of Termination

Termination does not relieve the Customer of paying fees incurred before termination. Upon termination, the Customer and Authorized Users must stop using the Service. Tria has no obligation to keep Customer Data. Upon termination, either party may request the return or destruction of their Confidential Information.

If you have any questions, concerns, or requests regarding these Terms of Use or our data practices, please contact us at hello@tria.so