Trestle Terms of Service

Last updated: [DATE]

1. About these terms

These terms are an agreement between [COMPANY LEGAL NAME], a company registered in England and Wales (company number [NUMBER]) whose registered office is at [REGISTERED ADDRESS] ("Trestle", "we", "us"), and the business that opens a Trestle account ("you").

Trestle is for business use only. Anyone may sign up on our website, but the service can be used only while the business has paid access: an Expansion Audit within its access period, or a subscription. By opening an account you confirm that you are acting for a business and that you have authority to accept these terms on its behalf.

2. The service

Trestle works out per-product margins after marketplace fees from the reports you upload, and gives a verdict on whether each product is worth listing on another marketplace, starting with Argos. It also gives sales forecasts, lets you record your decisions and compare them with what happened, and shows alerts about your products. The service is described on our website and may change as we improve it. We will not remove a core feature you are paying for without giving you at least 30 days' notice.

A public demo with sample data is available without an account.

3. Your account

3.1 You must give accurate information when you register, keep your sign-in details secret, and tell us promptly at info@trestleinsight.com if you think someone else has used your account.

3.2 Signing in needs your password and a second step (a passkey, a code we email you, or an authenticator app). Some actions, such as deleting a store, need a further check.

3.3 An account can have more than one person. Owners can invite people, change their roles and remove them, manage billing and delete stores. You are responsible for what is done through your account by the people you give access to.

4. Your marketplace data and uploads

4.1 Trestle does not connect to your marketplace seller accounts. You use it by uploading reports and spreadsheets you have downloaded or prepared yourself, such as Amazon's All Listings report, a sales and costs sheet, and an Argos (Mirakl) order export. You confirm that you are entitled to give us that data and to have us use it as these terms describe, including under the rules of the marketplace it came from.

4.2 Trestle never changes your listings, prices, stock or orders, and never contacts your customers.

4.3 [OWNER: a direct connection to a marketplace is out of the MVP. If one is added later, these terms need a clause on authorising and withdrawing it, and on what happens if the marketplace changes or withdraws access. The owner's original draft had such clauses (old 4.1, 4.3 and 4.4) and they can be restored then.]

4.4 Trestle is an independent service and is not affiliated with, endorsed by or sponsored by any marketplace.

5. Your data

5.1 You own the data you upload ("your data"). You give us permission to use your data only to provide the service to you, to keep it secure, and to meet our legal obligations.

5.2 We will not sell your data, disclose it to other sellers, or combine it with other sellers' data.

5.3 You must not upload personal information about your customers or staff. Trestle does not need it. It keeps only the columns it needs from an order export and removes known customer fields, but it cannot check what is typed inside a cell.

5.4 You are responsible for the accuracy of the figures you enter, such as product costs.

5.5 Our Privacy Policy explains how we handle personal data. Where we process personal data on your behalf, [the Data Processing Addendum at [LINK] applies / the data processing terms in the Schedule apply]. [SOLICITOR: decide whether Trestle is a processor for any of the uploaded data and so whether this clause and a DPA are needed. No DPA exists yet.]

6. What Trestle's results are, and are not

6.1 Trestle provides decision support. It does not provide financial, tax, accounting or legal advice. The decision whether to list, price or stock a product is yours.

6.2 Results depend on the data available. Where an input is missing, Trestle says that there is not enough data instead of guessing. Where a figure is an estimate or an assumption, Trestle labels it. Marketplace fees change, and there can be a delay before a change is reflected.

6.3 Demand and sales figures for a marketplace you do not yet sell on are estimates, shown as a range. We do not promise any particular level of sales, margin or return.

7. Acceptable use

You must not:

• use Trestle unlawfully, or in breach of the rules of a marketplace you sell on;
• upload data you are not entitled to share, or personal information about your customers;
• try to gain access to another customer's data or to our systems without permission;
• copy, resell or reverse-engineer the service, except where the law allows it and cannot be excluded;
• use automated means to extract data from the service;
• upload malicious code or interfere with the running of the service.

8. Fees and payment

8.1 Our prices are:

• Expansion Audit: £99, a one-off payment;
• Trestle subscription: £29 a month.

Prices exclude VAT, which is added at checkout at the rate in force. There is no free trial. There is no limit on the number of products or stores. [OWNER: the prices shown in the app are text in the service and must match the plans set up in Whop (O-050).]

8.2 Payments are taken by Whop, which acts as merchant of record: Whop is the seller of the payment, collects VAT, issues receipts, and handles refunds and chargebacks under its own terms. [SOLICITOR and accountant: confirm this wording and how Whop's terms sit alongside these.]

8.3 The subscription is billed monthly in advance through Whop, using a payment method Whop accepts, and renews automatically until cancelled. [OWNER: confirm the payment methods offered in Whop.]

8.4 The Expansion Audit is paid in advance and gives access to Trestle for 30 days from payment. [OWNER: the 30 days is built as a proposal (ruling M-4) and still needs your confirmation.] We email the account's owners 7 days before the access ends. When it ends, clause 9.5 applies unless you buy again or subscribe. An audit cannot be bought while a subscription is running, because the subscription already includes it.

8.5 We may change subscription fees by giving at least 30 days' written notice. The change takes effect at your next renewal after the notice period. You may cancel before it does.

8.6 If a subscription payment fails, we email the account's owners and Whop tries again. Access continues until 3 days after the end of the period already paid for; if no payment has succeeded by then, access ends and clause 9.5 applies. [SOLICITOR: the original draft gave 14 days' grace and 7 days' notice before suspension; that is not how the service works. Confirm the clause above or ask for the service to be changed.]

9. Cancelling and ending the agreement

9.1 An owner can cancel the subscription at any time from the Billing page in Trestle. It ends at the close of the current billing period, and you keep access until then. Until then you can undo the cancellation with "Keep my subscription". Fees already paid are not refunded, except under clause 9.3 or where the law requires.

9.2 We may suspend or end your account if you seriously or repeatedly break these terms, or do not pay, and do not put it right within [14] days of being asked. We may suspend access immediately where that is necessary to protect the security of the service or other customers.

9.3 If we stop providing the service to you for a reason that is not your breach, we will refund the fees you have paid in advance for the period after it stops. [SOLICITOR: refunds are made by Whop as merchant of record; confirm how this promise works in practice.]

9.4 If you sign up but never pay, your account and everything in it is removed 30 days after sign-up. We email the owners 7 days before.

9.5 When your paid access ends (the audit's 30 days run out, or the subscription ends), or an owner asks us to delete a store, the data for the stores concerned is deleted 14 days later, except for records we must keep by law. We email the owners when the 14 days start and 3 days before the deletion. An owner can stop a deletion within those 14 days; if it started because paid access ended, you need to pay again first. If a marketplace instructs us to delete data, we will do so promptly. [OWNER: the original draft said you could export your results before deletion. There is no export feature in the app; either build one or leave that promise out, as here.]

9.6 To close your whole account, email info@trestleinsight.com. [OWNER: there is no button for this yet.]

10. Availability and support

We aim to keep Trestle available at all times but do not guarantee uninterrupted service. We may take it offline for maintenance and will give notice where we can. Support is provided by email at info@trestleinsight.com during UK working hours.

11. Intellectual property

We own the Trestle service, software, calculations, design and brand. These terms give you a non-exclusive, non-transferable right to use the service for your own business while you have paid access. Nothing transfers ownership of the service to you, or ownership of your data to us.

If you send us suggestions, we may use them without owing you anything.

12. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of this agreement, and disclose it only to staff and suppliers who need it and are bound to protect it, or where the law requires. Your data is your confidential information.

13. Our liability

[SOLICITOR: this section is the owner's original draft, unchanged.]

13.1 Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.

13.2 Subject to clause 13.1, we are not liable for loss of profit, loss of sales or revenue, loss of business or opportunity, or any indirect or consequential loss, including losses arising from a decision to list, not list, price or stock a product.

13.3 Subject to clause 13.1, our total liability to you in any 12-month period is limited to the fees you paid us in that period.

13.4 We are not liable for failures caused by events outside our reasonable control.

13.5 Except as set out in these terms, the service is provided without warranties, to the extent the law allows.

14. Changes to these terms

We may update these terms. If a change is significant, we will give you at least 30 days' notice by email. If you do not agree, you may cancel before the change takes effect. Continuing to use Trestle after that date means you accept the change. [OWNER: the app records which version of these terms each person accepted at sign-up; set that version to the publication date when these are published.]

15. General

15.1 These terms, together with your order and the documents they refer to, are the whole agreement between us.

15.2 You may not transfer this agreement without our written consent. We may transfer it to a company that takes over the Trestle business, and will tell you if we do.

15.3 If part of these terms is found to be unenforceable, the rest continues to apply.

15.4 A delay in enforcing a right is not a waiver of it.

15.5 No one other than you and us has rights under this agreement.

15.6 Notices must be sent by email: to you at your account email address, and to us at info@trestleinsight.com.

15.7 These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

16. Contact

[COMPANY LEGAL NAME] [REGISTERED ADDRESS] Email: info@trestleinsight.com