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Effective: October 21, 2019
THIS WORKS MASTER SERVICES AGREEMENT GOVERNS CUSTOMER’S USE OF TRUSTED SERVICES. CAPITALIZED TERMS HAVE THE DEFINITIONS SET FORTH HEREIN.
IF CUSTOMER REGISTERS FOR A FREE TRIAL OF TRUSTED SERVICES OR FOR FREE SERVICES, THE APPLICABLE PROVISIONS OF THIS AGREEMENT WILL ALSO GOVERN THAT FREE TRIAL OR THOSE FREE SERVICES.
BY ACCEPTING THIS AGREEMENT, BY (1) CLICKING A BOX INDICATING ACCEPTANCE, OR (2) EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT CUSTOMER AGREES TO THE TERMS OF THIS AGREEMENT. IF THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS ACCEPTING ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERM “CUSTOMER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.
This Agreement was last updated on April 26, 2023. It is effective between Customer and Trusted as of the date of Customer’s accepting this Agreement (the “Effective Date”). In case of a conflict between this Agreement and an Order From, the terms of the Order Form will prevail.
“Affiliate” means any entity that Controls, is Controlled by, or is under common Control with the Trusted or the Customer entity agreeing to these terms, where “Control” means ownership of more than 50% of the voting interests of the subject entity or having the power to direct or cause the direction of the management and policies of an entity, whether through ownership, by contract, or otherwise.
“Agreement” means this Trusted Works Master Services Agreement.
“Customer” means in the case of an individual accepting this Agreement on behalf of a company or other legal entity, the company or other legal entity for which such individual is accepting this Agreement, and Affiliates of that company or entity (for so long as they remain Affiliates) which have entered into Order Forms.
“Customer Data” means all information that Customer or its Users submit to the Service.
“Documentation” means Trusted’s user guides, as updated from time to time.
“User” means any individual who is authorized by Customer to use the Service under Customer’s account, including Customer’s or its Affiliates’ employees, consultants, contractors, or agents.
“Free Services” means Services that Trusted makes available to Customer free of charge. Free Services exclude Services offered as a free trial and purchased Services.
“Order Form” means an ordering document or an online order, including a trial, entered into between Customer and Trusted (or Affiliates of either party) specifying the Service or Professional Services to be provided pursuant to this Agreement. Each Order Form is a stand-alone agreement, separate from any other Order Form, incorporating the terms and conditions of this Agreement by reference.
“Service” means Trusted’s Works platform.
“Subscription” means the access to and use of the Service on a per User basis.
“Subscription Term” means the period of time for the Subscription identified in the applicable Order Form, including thereafter each renewal term.
“Trusted” means Trusted Technologies, Inc.
2.1 Access Rights. Trusted grants Customer a non-exclusive, non-sublicensable, non-transferable (except as specifically permitted in Section 10.4) right to access and use (and to grant access and use of the Service to its Users) the Service during the applicable Subscription Term, solely for Customer’s internal business purposes, and subject to an applicable Order Form.
2.2 Affiliates. In addition to any access rights a Customer Affiliate may have as an User of Customer, a Customer Affiliate may separately acquire Subscriptions and/or Professional Services pursuant to this Agreement by entering into an Order Form, and in each such case, all references in this Agreement to the Customer will be deemed to refer to the applicable Affiliate for purposes of that Order Form.
2.3 Acceptable Use Terms. Customer will not (a) make the Service available to anyone other than Customer and its Users or use the Service for the benefit of anyone other than Customer or its Affiliates; (b) rent, sublicense, re-sell, assign, distribute, time share or similarly exploit the Service (including allowing its Users to access the Service as guests); (c) reverse engineer, copy, modify, adapt, or hack the Service; (d) access the Service, the Documentation, or Trusted’s Confidential Information to develop a product or service in competition with the Service; (e) allow User Subscriptions to be shared or used by more than one individual User (except that User Subscriptions may be reassigned to new Users replacing individuals who no longer use the Service for any purpose); (f) use the Service to violate any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity; (g) or use the Service to create, use, send, store, or run viruses, bots, worms, or similar harmful material. Trusted may request that Customer suspend the account of any User who: (a) violates this Agreement; or (b) is using the Service in a manner that Trusted reasonably believes may cause a security risk or a disruption to others’ use of the Service. If Customer fails to promptly suspend or terminate such a User’s account, Trusted reserves the right to do so.
2.4 Administration of Customer’s Account. Customer acknowledges that it retains administrative control over to whom it grants access to Customer Data hosted in the Service. Customer is responsible for use of the Service by its Users and for their compliance with this Agreement. Customer is solely responsible for the accuracy, quality, and legality of Customer Data. Customer will promptly notify Trusted if it becomes aware of any unauthorized use or access to Customer’s account or the Service.
2.5 Free Trial. If Customer registers on Trusted’s Services for a free trial, Trusted will make the applicable Service available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Service, or (b) the start date of any purchased Service subscriptions ordered by Customer for such Service(s), or (c) termination by Trusted in its sole discretion.
2.6 Free Services. Trusted may make Free Services available to Customer. Use of Free Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Free Services are provided to Customer without charge up to certain limits as described in the Documentation. Usage over these limits requires Customer’s purchase of additional resources or services. Customer agrees that Trusted, in its sole discretion and for any or no reason, may terminate Customer’s access to the Free Services or any part thereof. Customer agrees that any termination of Customer’s access to the Free Services may be without prior notice, and Customer agrees that Trusted will not be liable to Customer or any third party for such termination. Customer is solely responsible for exporting Customer Data from the Free Services prior to termination of Customer’s access to the Free Services for any reason, provided that if Trusted terminates Customer’s account, except as required by law Trusted will provide Customer a reasonable opportunity to retrieve its Customer Data.
2.7 Disclaimer for Free Trial and Free Services
NOTWITHSTANDING THE “REPRESENTATIONS AND WARRANTIES'' SECTION AND “INDEMNIFICATION” SECTION BELOW, THE FREE SERVICES AND FREE TRIAL ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND TRUSTED SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE FREE SERVICES OR FREE TRIAL UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE TRUSTED’S LIABILITY WITH RESPECT TO THE FREE SERVICES SHALL NOT EXCEED $1,000.00. WITHOUT LIMITING THE FOREGOING, TRUSTED AND ITS AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO CUSTOMER THAT: (A) CUSTOMER’S USE OF THE FREE SERVICES OR FREE TRIAL WILL MEET CUSTOMER’S REQUIREMENTS, (B) CUSTOMER’S USE OF THE FREE SERVICES OR FREE TRIAL WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE FREE SERVICES OR FREE TRIAL WILL BE ACCURATE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE “LIMITATION OF LIABILITY” SECTION BELOW, CUSTOMER SHALL BE FULLY LIABLE UNDER THIS AGREEMENT TO TRUSTED AND ITS AFFILIATES FOR ANY DAMAGES ARISING OUT OF CUSTOMER’S USE OF THE FREE SERVICES OR FREE TRIAL, ANY BREACH BY CUSTOMER OF THIS AGREEMENT AND ANY OF CUSTOMER’S INDEMNIFICATION OBLIGATIONS HEREUNDER.
3.1 Fees. Customer will pay all fees specified in Order Forms, if applicable. Fees do not include any taxes or similar charges.
3.2 Invoicing and Payment. Unless otherwise stated in the Order Form, invoiced fees are due net 30 days from the invoice date. Customer is responsible for providing complete and accurate billing and contact information to Trusted and notifying Trusted of any changes to such information.
3.3 Overdue Charges. If any invoiced amount is not received by Trusted by the due date, then without limiting Trusted’s rights or remedies, (a) those charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, and/or (b) Trusted may condition future subscription renewals and Order Forms on payment terms shorter than those specified in the applicable Order Form.
3.4 Suspension of Service and Acceleration. If any charge owing by Customer under this or any other agreement for services (provided by Trusted or any of its affiliates) is 30 days or more overdue, Trusted may, without limiting its other rights and remedies, accelerate Customer’s unpaid fee obligations under such agreements so that all such obligations become immediately due and payable, and suspend Services until such amounts are paid in full, provided that, Trusted will give Customer at least 10 days’ prior notice that its account is overdue before suspending Services to Customer.
4.1 Mutual Warranties. Each party represents and warrants that it will comply with all laws, rules, and regulations applicable to the exercise of its rights and performance of its obligations under this Agreement.
4.2 By Trusted. Trusted warrants that during the Subscription Term, the Service will materially conform with the Documentation. If any non-conformity to the Documentation persists without relief more than thirty (30) days after Customer’s notice of the non-conformity and if Trusted is unable to correct the non-conformity in the Service within thirty (30) days following receipt of written notice of breach, then Customer may terminate the applicable Order Form and, as Customer’s exclusive remedy, receive a refund of any prepaid, unused fees applicable to the remaining portion of the Subscription Term measured from the effective date of termination.
4.3 By Customer. Customer represents and warrants that it is entitled to transfer the Customer Data to Trusted so that Trusted and its authorized third-party service providers may lawfully use, process, and transfer the Customer Data in accordance with this Agreement on Customer’s behalf.
4.4 Disclaimer. THE WARRANTIES SET FORTH IN THIS SECTION 3 ARE THE EXCLUSIVE WARRANTIES FROM TRUSTED AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRUSTED DOES NOT MAKE ANY ADDITIONAL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT, OR ERROR-FREE OR UNINTERRUPTED USE OF THE SERVICE OR PROFESSIONAL SERVICES. TRUSTED WARRANTIES WILL NOT APPLY IN THE EVENT OF MISUSE OR MODIFICATION OF THE SERVICE BY CUSTOMER AND USERS, OR FAILURE TO COMPLY WITH INSTRUCTIONS PROVIDED BY TRUSTED.
5.1 Term. This Agreement commences on the Effective Date and will remain in effect until expiration or termination in accordance with its terms. Any Order Form executed hereunder remains governed by this Agreement for its applicable Subscription Term, irrespective of any earlier termination or expiration of this Agreement. Termination or expiration of this Agreement does not automatically terminate any applicable Order Form.
5.2 Termination. Either party may terminate this Agreement and/or any Order Form: (a) upon thirty (30) days written notice if the other party is in material breach of this Agreement and fails to cure such breach within the notice period, (b) with immediate effect upon receipt of notice in the event of a breach of Section 2.3 (Acceptable Use Terms); or (c) with immediate effect if the other party ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within sixty (60) days.
5.3 Effect of Termination. Upon expiration or termination of this Agreement and/or the applicable Order Form for any reason, all Subscriptions and any other rights granted to Customer under such terminated Order Form will immediately terminate, and Customer will immediately cease to use the Service. Upon termination of an applicable Order Form by Customer pursuant to Section 4.2(a), Trusted will refund to Customer a prorated amount of prepaid, unused fees applicable to the remaining portion of the Subscription Term measured from the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees accrued or payable to Trusted for the Service in the period prior to the effective date of termination. Any terms that by their nature extend beyond the Agreement termination remain in effect until fulfilled and apply to successors and assignees.
6.1 Definition of Confidential Information. During the course of performance under this Agreement, each party may make available to the other party information that is identified as, or should reasonably be understood by the receiving party to be, proprietary or confidential (the “Confidential Information”). Confidential Information specifically includes this Agreement, the Service, Order Form(s), Customer Data, business plans, product plans and roadmaps, strategies, forecasts, projects and analyses, financial information and fee structures, business processes, methods and models, and technical documentation. Confidential Information does not include information that is: (a) publicly available when received, or subsequently becomes publicly available through no fault of the receiving party; (b) obtained by receiving party from a source other than the disclosing party without obligation of confidentiality; (c) developed independently by the receiving party; or (d) already in the possession of the receiving party without obligation of confidentiality.
6.2 Protection of Confidential Information. The receiving party will use the same care and discretion to avoid disclosure, publication, or dissemination of the disclosing party’s Confidential Information as it uses with its own similar information that it does not wish to disclose, publish or disseminate, but in no event less than a reasonable degree of care. The receiving party may disclose Confidential Information to its employees, Affiliates, consultants, subcontractors, or advisors who have a need to know such Confidential Information for the purpose of performing under this Agreement and only to those who are obligated to maintain the confidentiality of such Confidential Information upon terms at least as protective as those contained in this Agreement. If the parties entered into a non-disclosure agreement prior to executing this Agreement, the terms of this Section 5 (Confidentiality) will control in the event of any conflict or inconsistency.
6.3 Equitable Relief. In the event of a breach of this Section 5 (Confidentiality), the disclosing party may seek appropriate equitable relief in addition to any other remedy.
6.4 Compelled Disclosure. The receiving party may disclose Confidential Information to the extent required by law or court order. However, subject to applicable law, the receiving party will give the disclosing party prompt notice to allow the disclosing party a reasonable opportunity to obtain a protective order.
7.1 Trusted Ownership. As between the parties, Trusted exclusively owns all right, title, and interest in and to all intellectual property rights in the Service. Customer’s use of the Service will not affect Trusted’s ownership or license rights in the Service. Except for the rights expressly granted in Section 2.1, Trusted reserves all rights in the Service and does not grant Customer or its Users any intellectual property rights to the Service, including any enhancements, modifications or derivatives thereof.
7.2 Customer Ownership. As between the parties, Customer and its licensors will retain all right, title, and interest in and to all intellectual property rights in Customer Data. Customer grants to Trusted a royalty-free, fully paid, non-exclusive, non-transferrable (except under Section 10.4), worldwide, right to use Customer Data solely to provide and support the Service. Trusted and its authorized third-party service providers may use, host, store, backup, transmit, and display Customer Data to (a) provide the Service and Professional Services under this Agreement and (b) improve the Service as long as neither Customer nor its Users are publicly identified.
7.3 Feedback. If Customer submits any feedback to Trusted regarding the Service, Trusted may use such feedback for any purpose without any compensation or obligation to Customer provided such use does not violate Section 5 (Confidentiality).
8.1 If a third party asserts a claim against Customer that the Service as acquired under the Agreement infringes a patent or copyright (“IP Claim”), Trusted will (a) defend Customer against that claim and (b) pay amounts finally awarded by a court against Customer or included in a settlement approved by Trusted. To obtain such defense and payment by Trusted, Customer must promptly (i) notify Trusted in writing of the claim, (ii) supply information requested by Trusted, and (iii) allow Trusted to control, and reasonably cooperate in, the defense and settlement, including mitigation efforts.
8.2 In connection with any IP Claim, Trusted may: (1) contest the IP Claim; (2) obtain claimant’s permission for Customer’s continued use of the applicable Service; (3) replace Customer’s access to or use of the applicable Service with substantially similar functionality that avoids the IP Claim; or (4) if Trusted determines the foregoing clauses (1), (2), and (3) are commercially impracticable, terminate Customer’s access to and use of the affected Service on 60-days’ prior notice and refund any prepaid subscription fees covering that part of the applicable Subscription Term for such Service measured from the effective date of termination.
8.3 Trusted has no responsibility for claims based on non-Trusted products and services, items not provided by Trusted, or any violation of law or third-party rights caused by Customer Data or other Customer materials.
8.4 If a third party asserts a claim against Trusted related to (i) Customer’s use of the Services in an unlawful manner or in violation of the Agreement, the Documentation, or Order Form, (ii) any Customer Data or Customer’s use of Customer Data with the Services, Customer will (a) defend Trusted against that claim and (b) pay amounts finally awarded by a court against Trusted or included in a settlement approved by Customer. To obtain such defense and payment by Customer, Trusted must promptly (i) notify Customer in writing of the claim, (ii) supply information requested by Customer, and (iii) allow Customer to control, and reasonably cooperate in, the defense and settlement, including mitigation efforts.
8.5 This Section states each party’s entire obligation and exclusive remedy regarding the third-party claims described in the Section.
9.1 TO THE EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL, CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL BE LIMITED TO THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.
9.2 TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR (A) SPECIAL, INCIDENTAL EXEMPLARY, PUNITIVE, INDIRECT, OR ANY CONSEQUENTIAL DAMAGES, OR (B) LOST PROFITS (DIRECT OR INDIRECT), FOR LOSS OF USE OR DATA, SERVICE INTERRUPTION BUSINESS, VALUE, REVENUE, GOODWILL, OR ANTICIPATED SAVINGS WHETHER BASED O CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY EVEN IF SUCH PARTY HAS BEEN ADVISED OF SUCH DAMAGES IN ADVANCE OR IF SUCH DAMAGES WERE FORESEEABLE.
9.3 THE FOLLOWING ARE NOT SUBJECT TO THE LIMITATION IN SECTION 8.1 AND THE EXCLUSION IN SECTION 8.2: (A) OBLIGATIONS TO PAY FOR SERVICES, (B) A PARTY’S INDEMNIFICATION PAYMENTS FOR IP CLAIMS SET FORTH IN SECTION 7 (INDEMNIFICATION), AND (C) DAMAGES ARISING FROM A PARTY’S GROSS NEGLIGENCE, MISCONDUCT, OR FRAUD, SEPARATE AND DISTINCT FROM A CAUSE OF ACTION FOR A BREACH OF THIS AGREEMENT.
9.4 CUSTOMER ACKNOWLEDGES AND AGREES THAT IN THE EVENT CUSTOMER ENGAGES A STAFFING FIRM OR MANAGED SERVICE PROVIDER (“PROVIDER”) FOR ASSIGNMENT OF CLINICAL PROFESSIONALS THROUGH SERVICE, CUSTOMER SHALL EXECUTE A STAFFING AGREEMENT WITH SUCH PROVIDER. TRUSTED IS NOT RESPONSIBLE FOR ANY PERFORMANCE OR DISPUTE UNDER SUCH STAFFING AGREEMENT WITH A PROVIDER.
10.1 Access to Books and Records. Trusted agrees that until the expiration of four (4) years after the termination of the Agreement (inclusive of all SOWs), Trusted must make available, upon the written request of the Secretary of the U.S. Department of Health and Human Services ("Secretary"), the U.S. Comptroller General ("Comptroller"), or any authorized representative of the Secretary or Comptroller, the Agreement and Trusted's records that are necessary to certify the nature and extent of the costs of the services provided by Trusted under this Agreement. If Trusted carries out any of its duties under this Agreement through a subcontract with a value or cost of Ten Thousand Dollars ($10,000) or more over a twelve (12)-month period with a related organization, Trusted must assure that such subcontract also contains a comparable access clause to permit access by the Secretary, Comptroller, and their representatives to the related organization's records until the expiration of four (4) years after the furnishing of services pursuant to such subcontract. Trusted also agrees to promptly notify Customer if any such request is made by the Secretary or the Comptroller or any of their representatives, and to furnish Customer with copies of any documents furnished to such persons.
10.2 Non-Exclusion. Trusted represents that: (a) as of the Effective Date, neither Trusted nor any of its directors, officers or employees: (i) are excluded, debarred, or otherwise ineligible to participate in any of the federal health care programs defined in 42 U.S.C. §1320a-7b(f) (each, a "Federal Healthcare Program"), (ii) have been convicted of a criminal offense related to the provision of healthcare items or services but have not yet been excluded, debarred, or otherwise declared ineligible to participate in a Federal Healthcare Program, and (iii) are under investigation or otherwise aware of any circumstances which may result in exclusion from participation in a Federal Healthcare Program, and (b) it promptly shall notify Customer if, following the Effective Date, any of Trusted, its directors, officers or employees (i) is excluded, debarred, or otherwise become ineligible to participate in a Federal Healthcare Program, (ii) is convicted of a criminal offense related to the provision of healthcare items or services but not yet excluded, debarred, or otherwise declared ineligible to participate in a Federal Healthcare Program, or (iii) is under investigation or otherwise becomes aware of any circumstances which may result in exclusion from participation in a Federal Healthcare Program. If Trusted is excluded from participation in any Federal Healthcare Program, effective upon written notice given to Trusted, Customer shall have the right to terminate this Agreement (inclusive of all Order Forms).
10.3 PHI. Trusted does not provide any healthcare services under this Agreement, and Services do not require processing of any Protected Health Information (as defined under HIPAA) (“PHI”). Therefore, Customer shall not provide Trusted with any PHI. In case the parties need to process PHI under this Agreement, the parties agree to execute a business associate agreement.
11.1 Governing Law; Venue. Both parties agree to (i) the application of the laws of the State of California, United States, without regard to conflict of law principles and (ii) the exclusive jurisdiction and venue in the state or Federal courts located in San Francisco, California.
11.2 Notices. Trusted may give general notices related to the Service that apply to all customers by email, in-app notifications, or posting them through the Service. Other notices under the Agreement must be in writing and sent to the business mailing or email address specified in writing by Customer, such as in the Order Form as applicable. Notices are deemed given when received.
11.3 Relationship of the Parties. Trusted is an independent contractor, not Customer’s agent, joint venturer, partner, or fiduciary. No right or cause of action for any third party is created by the Agreement or any transaction under it.
11.4 Assignment. Neither party may assign the Agreement, in whole or in part, without the prior written consent of the other. However, either party may assign the Agreement to its Affiliate or to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if a party is acquired by, sells substantially all of its assets to, or undergoes a change of control in favor of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. In the event of such a termination, Trusted will refund Customer any prepaid fees on a prorated basis. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11.5 Entire Agreement. Each Order Form governed by this Agreement, the terms and conditions of this Agreement, including all attachments, exhibits, addendums, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior or contemporaneous representations, understandings and agreements, whether written or oral, with respect to its subject matter. Notwithstanding any language to the contrary therein, no terms or conditions stated in a purchase order, vendor onboarding process and documentation, or web portal shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.
11.6 Modifications. Trusted may revise this Agreement from time to time by posting the modified version on its website. By continuing to access or use the Service after the posted effective date of modifications to this Agreement, Customer agrees to be bound by the revised version of the Agreement. If you have a separate written agreement with Trusted on this subject matter, this Agreement will not apply to the Customer.
