TRICE SERVICES AGGREGATED ACCOUNT AGREEMENT
UPDATED: 10-13-2023
This agreement governs Aggregated Accounts’ use of Trice Services, and describes how Aggregated Accounts and their third-party platform provider(s) may use the Trice Services.
This Trice Services Aggregated Account Agreement (“Trice Services Aggregated Account Agreement”) forms a legal agreement between Trice, Inc. (“Trice”) and the entity or sole proprietor on whose behalf a Trice account (“Trice Account”) is created (“you” and “your”), which Trice Account is intended to be integrated with a third-party platform provider that uses Trice Services ("Third-Party Service Provider"). The Trice Origination Agreement is incorporated into this Trice Services Aggregated Account Agreement by this reference. Capitalized terms not defined in this Trice Services Aggregated Account Agreement (either inline or by hyperlink), are defined in the Trice Origination Agreement. To the extent that there is a conflict between the Trice Origination Agreement and this Trice Services Aggregated Account Agreement related to your use of the Trice Services, this Trice Services Aggregated Account Agreement will prevail.
Non-applicability. Third-Party Service Providers may use Trice to direct Trice to send funds to Aggregated Accounts, for example, as payment for the Aggregated Accounts’ goods or services that were provided to the Third-Party Service Provider. If you receive payments of this kind, you are not using the Trice services, and this Trice Services Aggregated Account Agreement does not apply to you. Also, you must contact the Third-Party Service Provider, not Trice, with all questions you have about the status of these funds.
You and Trice agree as follows:
1. Key Definitions.
The following terms are defined in the Trice Origination Agreement, but are repeated below for your convenience (you are a Third-Party Service Provider User and Aggregated Account as the Trice Origination Agreement defines those terms):
“Activity” means any action taken on or related to a Aggregated Account that a Third-Party Service Provider or a Aggregated Account initiates, submits or performs, either through the Trice Technology or through the Trice Services, including communication regarding the Services as related to that Aggregated Account.
“Third-Party Service Provider Services” means the products and services that Third-Party Service Provider Users receive from a Third-Party Service Provider, regardless of whether fees are charged (e.g., web development, customer support or hosting services).
“Third-Party Service Provider Agreement” means, as to each Aggregated Account, collectively, the agreements that a Third-Party Service Provider has with that Aggregated Account.
2. Your Trice Account.
Third-Party Service Providers can help you use the Services. A Third-Party Service Provider may help you to create your Trice Account, or integrate your existing Trice Account with the Third-Party Service Provider. A Third-Party Service Provider may conduct Activity on your behalf, as long as it does so according to your Third-Party Service Provider Agreement. Activity may be submitted, initiated or performed through the Trice Dashboard or through the Trice API, and this includes the communication of information about Transactions (if applicable), as well as other features as described in the Documentation. A Third-Party Service Provider may restrict your ability to (a) disconnect your Trice Account from the Third-Party Service Provider; and (b) view, access or activate certain Services as long as in each case it does so according to your Third-Party Service Provider Agreement. You should read your Third-Party Service Provider Agreement carefully to understand the nature of the Third-Party Service Provider Services and the Activity that a Third-Party Service Provider may conduct on your behalf. Trice is not a Third-Party Service Provider, and only provides the Services described in this Trice Services Aggregated Account Agreement and the Trice Origination Agreement.
3. Representation and Warranty; Your Responsibilities.
You represent as of the Effective Date, and warrant at all times during the Term, that the information that you provide to Trice directly or through a Third-Party Service Provider is accurate and complete. You are solely responsible for, and Trice disclaims all liability for, the provision of goods and services sold to your Customers as part of your use of the Services, and any obligations you may owe to your Customers. If you use the Services, you are always financially liable to Trice for the full amount of all Disputes (including chargebacks), Refunds, and fines that arise from your use of the Services, regardless of whether you have agreed to share this liability with a Third-Party Service Provider. These obligations are described in more detail in the Trice Origination Agreement.
4. Trice Dashboard.
Depending on how the Third-Party Service Provider has implemented the Trice Services, you may be able to directly manage your Trice Account through the Trice Dashboard. If you are able to access the Trice Dashboard, you are responsible for all actions taken on your Trice Account through the Trice Dashboard. If you do not have access to the Trice Dashboard, you must contact the Third-Party Service Provider if you need support or have any questions relating to the Services, this Trice Services Aggregated Account Agreement or the Trice Origination Agreement.
5. Relationship to Third-Party Service Providers.
5.1 Your Data.
Third-Party Service Providers and Trice may share data about you, Activity on your Trice Account, and your Transactions (“Your Data”) to facilitate your use of the Trice Services and the Third-Party Service Provider Services. Where Trice receives Your Data from Third-Party Service Providers, Trice may use the Data as allowed under this Section 5.1, the Trice Origination Agreement and the Trice Privacy Policy.
5.2 Pricing and Fees.
Trice does not control and is not responsible for fees imposed by a Third-Party Service Provider, which should be made clear to you in your Third-Party Service Provider Agreement. At the Third-Party Service Provider’s request, Trice may deduct from your Trice Account balance both Trice's Fees and the fees for Third-Party Service Provider Services the Third-Party Service Provider specifies to Trice.
6. Disclaimer; Limitations on Trice's Liability.
Trice is not responsible for, and disclaims all liability arising from or relating to:
(a) any Third-Party Service Provider’s acts or omissions in providing services to you or your customers, or for any Third-Party Service Provider’s failure to comply with the terms of your Third-Party Service Provider Agreement;
(b) your obligations to your customers (including to properly describe and deliver the goods or services being sold to your customers); or
(c) your compliance with Laws and obligations related to your provision of goods or services to your customers, or receipt of charitable donations, including any obligation to provide customer service, notify and handle refunds or consumer complaints, provide receipts, register your legal entity, and other actions not related to the Services.
This section is in addition to, and does not limit, the provisions of the Trice Origination Agreement that disclaim or limit Trice’s liability.
7. Other General Legal Terms.
7.1 Term, Termination, and the Effects of Termination.
(a) The term of this Trice Services Aggregated Account Agreement begins when you register your Trice Account with a Third-Party Service Provider and continues until you or Trice terminate this Trice Services Aggregated Account Agreement under this Section. You may terminate this Trice Services Aggregated Account Agreement by deregistering your Trice Account from all Third-Party Service Providers. If after termination you register your Trice Account with a Third-Party Service Provider again, this Agreement will apply starting on the date on which you register your Trice Account with a Third-Party Service Provider again. Your Third-Party Service Provider Agreement(s) include terms on how to register and deregister your Trice Account with your Third-Party Service Provider. Trice may terminate this Trice Services Aggregated Account Agreement at any time for any reason by notifying you.
(b) Terminating this Trice Services Aggregated Account Agreement will not immediately terminate the Trice Origination Agreement. Trice and you may only terminate the Trice Origination Agreement according to its terms. This Trice Services Aggregated Account Agreement will automatically terminate if the Trice Origination Agreement terminates.