Legal
Terms of Service
Last updated: July 2026 · Draft pending counsel review
These Terms of Service (the "Terms") are an agreement between the business accepting them (the "Merchant," "you") and Triceratops LLC, a Nevada limited liability company ("Triceratops," "we"). They govern your use of the Triceratops platform and website (the "Services"). By creating an account or using the Services, you agree to these Terms on behalf of your business and represent that you are authorized to do so.
1. The Services; early access
Triceratops provides business software for invoicing, payment links, recurring billing, payment-related customer communications (the "Follow-Up Agent"), and reporting. During the early-access period, features may change, be interrupted, or be discontinued, and service levels are not guaranteed. Payment processing is provided by third-party payment partners (Section 6), not by Triceratops directly.
2. Eligibility and accounts
The Services are for business use only, by users 18 or older. You are responsible for your account credentials, for the accuracy of the information you provide, and for the actions of users you authorize.
3. Your customers, your consent — Merchant responsibilities
The Follow-Up Agent sends messages on your behalf and in your name. Accordingly, you represent, warrant, and agree that:
- Every invoice you place on the platform reflects a genuine, accurate, undisputed-in-good-faith amount owed to you for goods or services you provided, and is your own receivable, prior to any charge-off — not debt purchased from, or owed to, anyone else;
- You have obtained, and will maintain records of, all consents required by applicable law — including the Telephone Consumer Protection Act (TCPA) and CAN-SPAM — to contact each customer at the phone numbers and email addresses you provide, for payment-related communications;
- You will promptly reflect payments, disputes, and corrections so the platform does not pursue amounts that are not owed;
- You will provide consent records to Triceratops on request, including in response to a carrier, regulator, or legal inquiry;
- You will comply with all laws applicable to your business and your customer relationships.
Triceratops enforces platform-wide communication safeguards — immediate honoring of STOP and other opt-outs, quiet-hour scheduling, sender identification, and message-review options — but these safeguards do not replace your consent obligations.
4. What Triceratops is not
Triceratops is a software provider. Triceratops is not a debt collection agency, does not purchase debt, does not collect charged-off or third-party debt, and does not provide legal, tax, accounting, or financial advice. The Follow-Up Agent operates as a tool through which you communicate with your own customers about your own current receivables. You may not use the Services for third-party debt collection, for debt that has been charged off or sold, or in any manner that would require a collection-agency license.
5. Acceptable use
You will not use the Services to: send harassing, deceptive, or threatening communications; contact individuals who have opted out; misrepresent amounts owed or the consequences of non-payment; process payments for businesses or content prohibited by our payment partners or by law (including any card-brand-prohibited category); violate privacy, consumer-protection, or anti-spam laws; interfere with or probe the security of the Services; or resell the Services without our written agreement. We may suspend accounts that create legal, security, or network risk, with notice where practicable.
6. Payments
Payment acceptance, processing, and settlement are provided by our third-party payment infrastructure partners. You may be required to enter a direct agreement with a payment partner and to complete underwriting; approval is not guaranteed and may be withdrawn per that agreement. Card data is tokenized by our partners and is not stored on Triceratops systems. You are responsible for chargebacks, reversals, and fees attributable to your transactions as set out in the applicable payment agreement, and for the accuracy of your settlement account details. Taxes on your sales are your responsibility.
7. Fees
Fees for the Services are stated at sign-up or in your order form (for example, monthly platform fees and onboarding fees), plus any payment-processing fees under Section 6. Fees are exclusive of taxes. We may change fees with at least 30 days' notice; founding-member pricing commitments will be honored as stated when offered. Fees are non-refundable except as required by law or expressly stated.
8. Your data; our platform
You own your business data and your customers' information you provide ("Merchant Data"). You grant Triceratops the license needed to host, process, transmit, and display Merchant Data to provide the Services, including operating the Follow-Up Agent and generating your analytics. We may use aggregated, de-identified data to improve the Services. Our Privacy Policy describes our data practices and is part of these Terms. Triceratops and its licensors own the Services, including software, models' outputs configuration, designs, and trademarks; no rights are granted except as stated. If you send us feedback, we may use it without obligation.
9. Electronic communications
You consent to receive agreements, disclosures, invoices, receipts, and notices from us electronically, and you confirm you can access and retain them. You may withdraw this consent by closing your account.
10. Term and termination
These Terms apply while you use the Services. You may cancel at any time effective at the end of the current billing period. We may suspend or terminate for material breach (including Section 3–5 violations), for risk reasons under Section 5, or on 30 days' notice for convenience. On termination we will make your Merchant Data available for export for 30 days, then delete or de-identify it per our retention practices, subject to legal record-keeping requirements.
11. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRICERATOPS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRICERATOPS DOES NOT WARRANT THAT ANY INVOICE WILL BE PAID, THAT ANY PARTICULAR COLLECTION RESULT WILL BE ACHIEVED, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AI-GENERATED CONTENT MAY REQUIRE YOUR REVIEW; YOU ARE RESPONSIBLE FOR MESSAGES SENT ON YOUR BEHALF.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUES. TRICERATOPS'S TOTAL LIABILITY ARISING OUT OF THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO TRICERATOPS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY. THESE LIMITS DO NOT APPLY WHERE PROHIBITED BY LAW.
13. Indemnification
You will defend and indemnify Triceratops against third-party claims, penalties, and losses arising from: (a) your breach of Section 3 (including any claim that a communication sent at your direction lacked required consent), (b) your invoices, products, services, or customer relationships, (c) your violation of law, or (d) Merchant Data you provide. We will defend and indemnify you against third-party claims that the Services, as provided by us and used as permitted, infringe U.S. intellectual-property rights.
14. Governing law; dispute resolution
These Terms are governed by Nevada law, without regard to conflicts rules. Any dispute not resolved informally will be finally resolved by binding arbitration in Washoe County, Nevada, administered by the American Arbitration Association under its Commercial Rules, on an individual basis; class actions and class arbitrations are waived to the extent permitted by law. Either party may seek injunctive relief in court for intellectual-property or confidentiality matters. If arbitration is found unenforceable, exclusive venue lies in the state and federal courts of Washoe County, Nevada.
15. General
These Terms plus any order form and the Privacy Policy are the entire agreement and supersede prior discussions. If a provision is unenforceable, the rest remain in effect. We may update these Terms with notice; continued use after the effective date is acceptance. You may not assign these Terms without our consent; we may assign to an affiliate or in a business transfer. Notices to Triceratops: [email protected]. Our postal address for legal notices is available on request and will be provided in your order form.