Terms of Service

Note: These Terms of Service are based on the Automattic Terms of Service, made available under a Creative Commons ShareAlike license.

These Terms of Service ("Terms") govern your access to and use of the TraceSpark mobile applications, website, and related ecosystem services (collectively, the "Services"), provided by TraceSpark ("we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, then you may not access the Services.

1. Your TraceSpark Account and Age Requirements

If you create an account on the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.

Age Requirement: You must be at least 18 years old to create an account and use the Services. By creating an account, you represent and warrant that you are at least 18 years of age.

2. Responsibility of Users and Acceptable Use

By using the Services, you represent and warrant that your use will be in strict accordance with these Terms and with all applicable laws and regulations. You agree not to engage in any of the following prohibited activities:

• Infringing or misappropriating the intellectual property rights of any third party.
• Transmitting spam, malware, or destructive content.
• Reverse-engineering, decompiling, or otherwise attempting to extract the source code of the TraceSpark app or Services.
• Scraping, data mining, or using automated bots or scripts to access or extract data from the Services.
• Engaging in API abuse or attempting to bypass security features or rate limits.
• Submitting, uploading, or sharing any illegal, harassing, or harmful content.
• Attempting to bypass, manipulate, or exploit the underlying artificial intelligence models, including through prompt injection, jailbreaking, or intentionally extracting system prompts and training data.

3. User-Generated Content

Users may create, upload, and share content, specifically "Traces" (which include text and language concepts) ("User-Generated Content").

• Ownership: You retain full ownership of any intellectual property rights that you hold in your User-Generated Content.
• License Grant to TraceSpark: By submitting User-Generated Content to the Services, you grant TraceSpark a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, store, process, and display such content solely for the purpose of operating, providing, and improving the Services.

4. App Store Dependencies and EULA (End User License Agreement)

Because TraceSpark is distributed through mobile application stores (such as the Apple App Store and Google Play Store):

• License Grant: We grant you a limited, non-exclusive, non-transferable, revocable license to use the TraceSpark app for your personal, non-commercial purposes on a device that you own or control, subject to the usage rules set forth by your app store provider.
• Third-Party Beneficiaries: Apple, Google, and their respective subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, these third parties will have the right to enforce these Terms against you.
• Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the app. The app store providers have no obligation whatsoever to furnish any maintenance and support services.

5. Fees, Subscriptions, and Refunds

Some of our Services may be offered on a paid basis (e.g., premium subscriptions, in-app purchases).

• Payments: By selecting a paid Service, you agree to pay the specified fees. Payments will be charged on a pre-pay basis and will cover the use of that Service for the subscribed period as indicated.
• Refunds: Because all in-app purchases and subscriptions are processed by the respective app store platform (Google Play Store or Apple App Store), all billing and refund inquiries are subject entirely to their respective policies. TraceSpark does not process payments directly and cannot grant refunds for in-app purchases.

6. Intellectual Property

These Terms do not transfer from TraceSpark to you any TraceSpark or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with TraceSpark. TraceSpark, the TraceSpark logo, and all other trademarks, service marks, graphics, and logos used in connection with our Services are trademarks or registered trademarks of TraceSpark or our licensors.

7. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately, especially in the case of any violation of the Acceptable Use guidelines. If you wish to terminate this agreement or your TraceSpark account, you may simply discontinue using our Services. All provisions of this agreement which by their nature should survive termination shall survive termination.

8. Disclaimer of Warranties

Our Services are provided "as is." TraceSpark and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Services will be error-free or that access thereto will be continuous or uninterrupted.

9. Limitation of Liability

In no event will TraceSpark, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data.

10. Dispute Resolution, Binding Arbitration, and Class Action Waiver

• Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration rather than in court.
• Class Action Waiver: You and TraceSpark agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
• Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

11. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.