Terms of Service

These terms are an agreement between you and TruSend — the trading name of Vlas Dmitrenko PR IT usluge TruSend Beograd (Savski Venac), Sole proprietorship (preduzetnik) registered in the Republic of Serbia under registration number 68677424, PIB 115837343, with its seat at Bulevar Vudroa Vilsona 8v, 11000 Beograd (Savski Venac)(“TruSend”, “we”, “us”); full identification is on the company details page. They govern your use of the TruSend website at trusend.ai and the TruSend customer-support platform at portal.trusend.ai (together, the “Service”). You accept these terms by creating a workspace or otherwise using the Service. If you accept them on behalf of an organisation, you confirm that you are authorised to bind it, and “you” means that organisation. You can contact us at support@trusend.ai.

The Service

The Service includes a customer-support platform comprising a shared inbox for connected channels, an AI agent that answers customer conversations, an AI assistant for your team, analytics and an embeddable chat widget. We may change the features of the Service.

Business customers only

The Service is offered only to businesses, professionals and other organisations acting in the course of a trade, craft or profession, including sole traders acting for their own business. It is not offered to consumers. By accepting these terms, you confirm that you are not acting as a consumer. Where consumer protection law nonetheless applies to you and cannot be excluded by contract, it prevails over any conflicting provision of these terms.

Accounts

You are responsible for your workspace, the accuracy of your account information and the actions of the users you invite. You must keep credentials confidential and notify us immediately of any unauthorised use.

Plans, resolves and billing

• Plans are billed monthly or annually through Paddle.com Market Ltd, our merchant of record. Paddle is the reseller of record for paid subscriptions: it concludes the sale with you, issues the invoice, and collects and remits any VAT or sales tax that applies. Your purchase is governed by Paddle’s buyer terms; your use of the Service is governed by these terms. Current prices, included resolves, conversation thresholds, seats and overage rates are published on the pricing page, exclusive of tax.
• A resolve is a conversation in which the AI agent replied at least once, that was closed without a message from your team, and that was not handed off to your team, unless your team returned the conversation to the AI agent without replying. Closure includes automatic closure when the customer does not reply within the period shown in the workspace billing settings. A conversation is not a resolve if the AI agent’s last reply asked the customer to confirm an action on an order, to provide an order number or email address, to sign in to their store account or to choose products, and the customer did not reply, unless the customer confirmed that their issue was resolved. Each conversation counts as a resolve at most once. A resolve is credited back if, within the period shown in the workspace billing settings after it was counted, the conversation reopens, a member of your team replies in it, or it is handed off to your team. A credited resolve is not billed and does not count against your included resolves; where the month in which it was counted has already been billed, the credit is applied against overage in a later month. Conversations handed off to your team are not resolves and do not count against your included resolves; they count towards the conversation threshold described below.
• Overage is off by default, and only the workspace owner can turn it on. While overage is off, the AI agent stops taking new conversations once your included resolves are used up or once the number of conversations in which it replied reaches the conversation threshold, whichever occurs first; new conversations are then left to your team, and no overage or per-conversation charges apply. The AI agent may continue to reply in conversations in which it replied before that point. With overage on, resolves beyond your included resolves are billed at your plan’s published overage rate. Only resolves counted while overage is on are billed as overage. On paid plans, included resolves are allocated for each month of your subscription, counted from the date of purchase, including on annual plans. On the Free plan, overage is not available, and the included resolves and the conversation threshold apply once for the life of the workspace.
• Conversations in which the AI agent replied at least once count towards the conversation threshold. The conversation threshold is the greater of (a) your plan’s published conversation threshold, which is 150 conversations on the Free plan, 500 on Starter, 2,500 on Growth and 10,000 on Pro, and (b) the number of resolves counted in the same period divided by 0.30, rounded to the nearest whole number. The period is each month of your subscription on paid plans and the life of the workspace on the Free plan. While overage is on, conversations in which the AI agent replied at least once are billed at the published per-conversation rate to the extent that their number in a month exceeds the conversation threshold; only conversations in which the AI agent first replied while overage was on are billed.
• Fees a channel provider charges for messaging are not part of your plan. Meta charges for WhatsApp messages at its own prices and under its own terms, and bills them directly to the WhatsApp Business account you connect — including messages the AI sends on your behalf. These fees are your responsibility. We do not collect or re-invoice them, and the overage setting and conversation threshold described above apply only to our own charges.
• Upgrades apply immediately; downgrades and cancellations take effect at the end of the current billing period. We may change our prices for future billing periods. A new price applies to your subscription from the first renewal after we notify the workspace owners of it. A price that we have agreed to keep for your subscription, such as the founding price, does not change for as long as that subscription renews without interruption. Refunds are governed by the Refund Policy.

Acceptable use

You must not use the Service to send spam, harass people, distribute malware, infringe the rights of others or violate applicable law, including the messaging rules of the channels you connect (such as email, Telegram, WhatsApp, Facebook Messenger and Instagram). You must comply with the rules of the channels you connect, including their opt-in, opt-out and messaging-window rules; with the acceptable use rules of the providers that deliver messages for the Service, such as our email delivery provider, including their consent and unsubscribe requirements; and with the usage policies of the AI model providers listed on the subprocessors page. You must not use the AI agent to make decisions that produce legal effects concerning people or similarly significantly affect them, for any practice prohibited by the EU AI Act, or for any use classified as high-risk under it.

You must not hide, remove or disable the notice by which the Service tells people that they are interacting with an AI system, or any marking by which the Service identifies content as AI-generated, or otherwise configure or present the AI agent in a way that conceals this from them. We may suspend the chat widget or the AI agent on a website or channel where that notice has been hidden or removed.

We may suspend or restrict a workspace, or the part of the Service concerned, if you breach these terms, if your use is unlawful or a competent authority orders us to stop it, or if it puts the Service, us or other customers at risk. When we do, we give you a statement of reasons no later than when the suspension or restriction takes effect, stating the facts relied on, the term or law relied on, whether automated means were used, and the redress available to you, including before the courts, unless the law prohibits us from doing so.

Illegal content and notices

You and your end users are responsible for the content put into the Service. We do not review the content of workspaces proactively. The Service applies automated content controls: safety rules, which check the messages that reach the AI agent and the replies it gives, including the system rules we provide and the rules you create; and a check, described on our security page, that blocks replies containing card numbers and certain other numbers.

Anyone can notify us of content they consider illegal by writing to support@trusend.ai. A notice should explain why the content is considered illegal; say exactly where it is, such as the website, workspace or message concerned; give the sender’s name and email address (not needed for notices concerning child sexual abuse offences); and state that it is made in good faith and is accurate and complete. We confirm receipt without undue delay and decide on the notice in a timely, diligent, non-arbitrary and objective manner; a person takes the decision. We tell the sender what we decided and how it can be challenged, including before the courts, and give the customer concerned a statement of reasons as described under Acceptable use.

If information we hold gives rise to a suspicion of a criminal offence involving a threat to someone’s life or safety, we promptly inform the competent law enforcement or judicial authorities. Our points of contact under the Digital Services Act are listed on the company details page.

Your data

You retain all rights in the conversations, contacts, knowledge base and other content that you or your customers submit to the Service (“Customer Data”). You can export Customer Data using the export features available in the Service. When the Service ends, or when you switch providers under the Switching providers (EU Data Act) section below, we return Customer Data as the Data Processing Agreement and that section provide. You grant us the right to host, process and transmit Customer Data as needed to provide the Service to you. Our handling of personal data is described in the Privacy Policy.

We and our licensors retain all rights in the Service, including its software and documentation. These terms give you a right to use the Service while they are in effect and no other rights. If you send us feedback about the Service, we may use it without obligation to you.

Where we process personal data on your behalf as your processor, including personal data contained in conversations with your customers, our Data Processing Agreement applies and forms part of these terms. It takes effect when you create a workspace and does not require a separate signature. In the event of a conflict concerning personal data, the Data Processing Agreement prevails over these terms.

AI output

AI-generated output may be inaccurate, incomplete or inappropriate, and we do not warrant its accuracy. You are responsible for the configuration of your AI agent, including guardrails, hand-off thresholds and the content it answers from, and for deciding where human review is required before output reaches your customers.

Warranties, liability and indemnity

To the extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind other than those expressly stated in these terms. To the extent permitted by law, our aggregate liability under these terms is limited to the greater of EUR 100 and the fees you paid for the Service, whether to us or to Paddle as our reseller, in the twelve months before the claim. Neither party is liable for indirect or consequential damages, or for loss of profits, revenue, business or goodwill. Nothing in these terms limits or excludes liability for damage caused intentionally or through gross negligence, or any other liability that cannot be limited or excluded under applicable law.

You will indemnify us against claims by third parties arising from Customer Data, from your breach of the acceptable use rules in these terms, or from your failure to meet your obligations as controller under the Data Processing Agreement, including giving the information and obtaining the consents the law requires.

Switching providers (EU Data Act)

This section applies if you are established in the European Union.

• Request — You may ask us to move your exportable data to another provider or to your own systems, or to erase it, by writing to support@trusend.ai from a workspace owner’s address and naming the destination where applicable. The switching process starts 2 months after we receive your request.
• Transitional period — Within 30 days after the switching process starts, we make all exportable data available for export, give you and the provider you authorise reasonable assistance, support your exit strategy by providing the relevant information, tell you of any known risks to the continuity of the Service, and keep the Service running and secure. If that is technically unfeasible, we tell you within 14 working days of your request, with the reasons, and give an alternative transitional period of no more than 7 months, during which the Service continues. You may extend the transitional period once. Subscription fees continue to apply for any part of the transitional period that falls after the end of your current billing period.
• End and retrieval — When switching is complete, this agreement ends and we tell you so. You can still retrieve your exportable data for 30 days after the transitional period ends; we then delete it as section 4.7 of the Data Processing Agreement describes. If you chose erasure, this agreement ends when the 2-month notice period ends, and your data is deleted as the Data Processing Agreement provides.
• Exportable data and formats — conversations, messages, including internal notes and scheduled messages, attachments and customer satisfaction ratings; contacts and companies with their attributes, tags and notes; knowledge-base articles and files; workspace configuration, including teams, routing rules, macros, tags, attributes, segments, SLA policies, business hours, triggers, widget settings, AI agent settings and the safety rules you created; and the activity metadata of your workspace, including conversation statuses, assignments, timestamps and audit logs. Contacts and companies are exported as CSV through the export function; the other data is provided as JSON files on request. Exported configuration records how the Service was set up and is not designed to be imported into another product. This list is kept up to date here.
• Not exportable — data specific to the internal functioning of the Service: our source code, our system prompts, our model-routing configuration and the system safety rules we apply to all workspaces, our security logs, and analytics aggregated across customers. Billing records are held by Paddle.
• Charges — We charge no switching or data-egress fees. Fees you have already paid are not refunded.
• Infrastructure and government access — We are established in the Republic of Serbia and subject to its law. The providers on which the Service runs, and the countries in which they process data, are listed on the subprocessors page. We disclose data to a public authority only where a law applicable to us requires it. We review each request, challenge it where there are grounds, disclose no more than required, and notify you unless the law prohibits it.

Termination

You may stop using the Service and delete your workspace at any time. You may end a subscription at the end of a billing period. We may end a subscription at the end of a billing period, or end a workspace’s use of the Free plan, by giving the workspace owners at least 30 days’ notice. We may terminate these terms if you materially breach them and do not cure the breach within 14 days of our notice. After deletion, your data is deleted as described in the Data Processing Agreement and the Privacy Policy.

Governing law

These terms are governed by the laws of the Republic of Serbia, without regard to its conflict-of-laws rules. The competent courts of Belgrade, Serbia have exclusive jurisdiction over any dispute arising from them, without prejudice to any mandatory consumer-protection rights you have under the law of your country of residence.

Language

These terms, the Data Processing Agreement, the Refund Policy, the Privacy Policy and the Cookie Policy are drawn up in English. Any translation is provided for convenience only; if it differs from the English text, the English text prevails.

Changes to these terms

If we make a material change to these terms, we will notify workspace owners by email or in the app before the change takes effect. If you do not agree to the change, you may cancel your subscription before it takes effect. If you continue to use the Service after that date, you accept the changed terms.

General provisions

The agreement is concluded electronically, in English, when you create a workspace. The parties agree that the information requirements for electronic contracts that may be excluded by agreement between parties who are not consumers do not apply.

We send notices under these terms to the email addresses of the workspace owners. You can send notices to us at support@trusend.ai.

If any provision of these terms is held invalid or unenforceable, the remaining provisions remain in effect. A failure or delay in exercising a right under these terms is not a waiver of that right.

You may not assign these terms without our prior written consent. We may assign these terms to a successor in connection with a merger, acquisition or transfer of the business to which they relate.

These terms, together with the documents they incorporate and any order form or other agreement about the Service signed by both parties, are the entire agreement between you and us about the Service. Where a document signed by both parties conflicts with these terms, the signed document prevails for the matters it covers.