Terms of Service

Effective Date: 01/09/2025
Contact: hello@trendwhy.com
Location: Australia

1. Introduction

Welcome to TrendWhy ("the App", "we", "our", or "us"). By accessing or using TrendWhy, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the App.

TrendWhy.com is a product of Sand Bay Studios Pty Ltd.

2. Eligibility

You must be at least 13 years old (or the age of digital consent in your country) to use TrendWhy. By using the App, you confirm you meet this requirement.

3. Account Registration

To use certain features, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.

4. Acceptable Use

You agree not to:

  • Use TrendWhy for unlawful, fraudulent, or harmful purposes.
  • Upload, share, or distribute harmful, abusive, or infringing content.
  • Attempt to hack, disrupt, or exploit the App's systems.

We may suspend or terminate accounts that violate these Terms.

5. Content

Your Content: You retain rights to any content you submit. By uploading, you grant TrendWhy a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content solely for operating the App.

Our Content: All intellectual property in TrendWhy (software, branding, design, features) remains ours and may not be copied, modified, or reused without permission.

6. Subscriptions & Payments

Some features may require paid subscriptions. By purchasing, you agree to pay the applicable fees. Payments are processed securely by third-party providers. Refunds are handled in accordance with Australian Consumer Law.

7. Privacy

Our handling of your personal data is covered in the Privacy Policy. By using TrendWhy, you consent to the collection and use of your data as described there.

8. Service Availability & Modifications

We may update, change, discontinue, or remove features of TrendWhy at any time without prior notice. We strive to provide advance notice for material changes that significantly affect your use of the service, but this is not guaranteed.

We do not guarantee that TrendWhy will be available at all times or that it will be free from interruptions, delays, or errors.

9. User-Generated Content & Responsibility

You are solely responsible for ensuring that any content you upload, share, or distribute through TrendWhy complies with all applicable laws and regulations. This includes but is not limited to copyright, trademark, privacy, and defamation laws.

We reserve the right to remove any content that violates these Terms, applicable laws, or our community standards, without prior notice and at our sole discretion.

10. Indemnification

You agree to indemnify, defend, and hold harmless TrendWhy, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from: (i) your use of TrendWhy; (ii) your violation of these Terms; (iii) your violation of any third-party rights; or (iv) any content you submit or share through the service.

11. Third-Party Services

TrendWhy may integrate with or link to third-party services (including but not limited to payment processors, analytics providers, and cloud services). We are not responsible for the terms, policies, or performance of these third-party services.

Your use of third-party services is subject to their respective terms and conditions, and we encourage you to review them.

12. Data & Security

We implement commercially reasonable security measures to protect your data. However, no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

You must promptly notify us at hello@trendwhy.com if you suspect any unauthorized access to your account or any security breach.

13. Subscriptions, Renewals & Cancellations

No Free Trials: TrendWhy does not offer free trial periods for paid subscriptions.

Auto-Renewal: Paid subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date.

Cancellation: You may cancel your subscription at any time through your account settings. Upon cancellation, you will retain access to paid features until the end of your current billing period.

14. Export Controls & Compliance

You agree to comply with all applicable laws and regulations, including export control laws, sanctions, and other legal requirements in your jurisdiction and ours. You represent that you are not located in a country subject to comprehensive sanctions or on any government restricted party list.

15. Dispute Resolution

Before initiating any legal proceedings, you agree to first attempt to resolve disputes through good faith negotiation by contacting us at hello@trendwhy.com.

If direct negotiation fails, disputes will be resolved through binding arbitration in accordance with the rules of the Australian Centre for International Commercial Arbitration, conducted in English in Australia.

16. Force Majeure

We will not be liable for any delays or failures in performance resulting from events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, internet outages, government actions, or third-party service failures.

17. Disclaimers

TrendWhy is provided "as is" and "as available." We do not guarantee uninterrupted or error-free service. To the maximum extent permitted by law, we disclaim all warranties.

18. Limitation of Liability

To the extent permitted by Australian law, TrendWhy will not be liable for any indirect, incidental, or consequential damages resulting from your use of the App.

19. Termination

We may suspend or terminate your account at any time for breach of these Terms or misuse of the App. You may stop using TrendWhy at any time.

20. Survival

The following provisions will survive termination of your account or these Terms: intellectual property rights, liability limitations, indemnification obligations, dispute resolution procedures, and any other provisions that by their nature should survive termination.

21. Governing Law

These Terms are governed by the laws of Australia. Any disputes will be resolved in the courts of Australia.

22. Changes to Terms

We may update these Terms from time to time. Continued use of TrendWhy after changes are posted constitutes acceptance of the revised Terms.

Contact Us

If you have any questions about these terms, would like to request account deletion or just want to chat, please contact us at hello@trendwhy.com.