Platform Terms of Service

Overview and History

TRiO Perks is a service of Motivating Systems, LLC dba TRiO Perks. The TRiO Perks Terms of Service are specific to the TRiO Perks Platform service that is used by TRIO Programs. Separately there are the TRiO Perks Website Terms of Service which cover the use of the website www.trioperks.com and which is used to explain and market the TRiO Perks service.

TRiO Perks is contracted to TRIO Programs. It is not sold to individuals. The Terms of Service are the TRiO Perks Terms of Service that apply when a school has not negotiated a separate Terms of Service (referenced as “Negotiated Terms of Service”) through a contract or through a separate agreement or addendum and which may be titled under a name different than Terms of Service or be part of a Data Sharing Agreement with the TRIO Program. The TRiO Perks Terms of Service will always have a Version date and an archive of previous versions is always available. A TRIO Program without a Negotiated Terms of Service agreement will operate fully under the TRiO Perks Terms of Service that were active at the time of their signed Sales Agreement or on the date that they submit a Purchase Order. If the TRiO Perks Terms of Service are updated after a TRIO Program has ordered the TRiO Perks service, the original dated version shall still be the applicable TRiO Perks Terms of Service for that TRIO Program unless the TRIO Program notifies TRiO Perks in writing that they are adopting the new version of the TRiO Perks Terms of Service. TRiO Perks will use its best effort to notify the TRIO Program that a new version is available and that the TRIO Program may adopt the new Terms of Service. The TRIO Program is not required to adopt the new TRiO Perks Terms of Service.

Negotiated Terms of Service may:

1. Fully replace the TRiO Perks Terms of Service. The Negotiated Terms of Service should be explicit that the TRiO Perks Terms of Service do not apply to the TRIO Program.
2. Partially replace the TRiO Perks Terms of Service. Any provisions of the TRiO Perks Terms of Service that are not covered in the Negotiated Terms of Service will still apply. If a provision in the Negotiated Terms of Service differs from a similar or same provision of the TRiO Perks Terms of Service, then the language for that provision in the Negotiated Terms of Service will apply and supersede the provision in the TRiO Perks Terms of Service.