Trifecta Terms of Service

1. The Service

Trifecta is a desktop note-taking, mind-mapping, and organization application available for macOS and Windows. Trifecta offers both a free tier and a paid subscription tier (“Trifecta Paid”), as described on our website and within the app.

2. Accounts and Licensing

Trifecta does not currently require you to create a traditional account. Access to Trifecta Paid features is managed through a license associated with your subscription via Freemius, tied to the email address used at checkout. Your license permits use of Trifecta Paid features on the device(s) associated with your subscription, subject to any device limits described at checkout.

3. Subscription and Billing

• Trifecta Paid is billed at $8.33/month (or as otherwise displayed at checkout). Payment and subscription management is handled by our third-party Merchant of Record, Freemius — Freemius, not Benefic Brands LLC, is the seller of record for your purchase and will appear as such on your card statement or receipt.
• Subscriptions renew automatically unless canceled prior to the renewal date.
• You may cancel your subscription at any time through the Freemius account portal. Upon cancellation, you will retain paid features until the end of your current billing period, after which your account will revert to the free tier.
• Refunds: Refunds are available if requested within 30 days of purchase, per our selected refund policy configured through Freemius. To request a refund, contact us at beneficbrands@gmail.com or through the Freemius account portal.

4. Your Content

You retain all rights to the notes, canvases, tasks, and other content you create within Trifecta (“Your Content”). Because Trifecta stores Your Content locally on your device (see our Privacy Policy), Benefic Brands LLC does not claim any ownership interest in Your Content and does not have access to it in the ordinary course of providing the Service.

You are solely responsible for backing up Your Content. We recommend regular manual backups to protect against data loss.

5. AI Assistant Feature

Trifecta’s AI Assistant can run locally on your own device using a locally-installed AI model, or you can connect a third-party cloud AI provider using your own API key (“Bring Your Own Key”). You are interacting with an AI system whenever you use this feature, in either mode.

Your use of this feature is subject to:

• These Terms, with respect to your use of Trifecta itself
• If you use a third-party cloud AI provider, that provider’s own terms of service and usage policies, with respect to your use of their AI model — you are responsible for ensuring your use complies with that provider’s policies

If you use a third-party cloud AI provider, you are responsible for any costs incurred through your own API usage with that provider. Benefic Brands LLC is not responsible for the availability, accuracy, or output of any third-party AI service, whether local or cloud-based, and AI-generated output may contain errors or inaccuracies (“hallucinations”) — you should independently verify important information before relying on it.

6. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble Trifecta, except to the extent such restriction is prohibited by applicable law
• Use Trifecta for any unlawful purpose
• Attempt to circumvent Trifecta’s licensing or payment mechanisms
• Redistribute, resell, or sublicense Trifecta without our written permission
• Use Trifecta in violation of applicable export control or economic sanctions laws

7. Intellectual Property

Trifecta, including its software, design, branding, and underlying code, is the property of Benefic Brands LLC and is protected by applicable copyright and intellectual property laws. These Terms do not grant you any ownership rights in Trifecta itself — only a limited license to use it as described herein.

8. Automatic Updates

Trifecta may automatically check for and prompt you to install updates. Continued use of Trifecta after an update constitutes acceptance of any changes to functionality introduced by that update, subject to these Terms remaining otherwise unchanged (material changes to these Terms will be communicated separately).

9. Disclaimer of Warranties

Trifecta is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that Trifecta will be uninterrupted, error-free, or free of harmful components. Nothing in these Terms limits any statutory consumer rights you may have that cannot be waived under applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, and except in cases of gross negligence or willful misconduct, Benefic Brands LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, arising from your use of or inability to use Trifecta. Our total liability to you for any claim arising from these Terms or your use of Trifecta shall not exceed the greater of $50 or the amount of fees you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold Benefic Brands LLC harmless from any claims, damages, or expenses arising from your misuse of Trifecta, your violation of these Terms, or your violation of any third-party rights (including any third-party AI provider’s terms) through your use of the Service.

12. Termination

We may suspend or terminate your access to Trifecta Paid features if you violate these Terms. You may stop using Trifecta at any time by uninstalling the application and canceling any active subscription. Because Your Content is stored locally on your device, termination of your subscription or license affects only your access to Trifecta Paid features — it does not affect, delete, or restrict your access to Your Content already stored on your device.

13. Dispute Resolution

Any dispute arising from these Terms will first be attempted to be resolved informally by contacting us at beneficbrands@gmail.com. If a dispute cannot be resolved informally, it will be resolved in the state or federal courts located in Indiana, and you consent to the personal jurisdiction of such courts.

14. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date at the top of this page. Continued use of Trifecta after changes take effect constitutes acceptance of the revised Terms.

15. Governing Law

These Terms are governed by the laws of the State of Indiana, without regard to its conflict of law principles. If you are a consumer located in the European Union or United Kingdom, you retain any mandatory consumer-protection rights afforded to you under the law of your country of residence, regardless of this governing law clause.

16. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. These Terms constitute the entire agreement between you and Benefic Brands LLC regarding Trifecta. We will not be liable for any failure to perform due to causes beyond our reasonable control (force majeure). Our failure to enforce any provision of these Terms is not a waiver of that provision.

17. Contact Us

If you have questions about these Terms, contact us at: beneficbrands@gmail.com