TERMS OF SERVICE
Last Updated July 14th, 2020
Traceable Inc. (“Traceable,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.traceable.ai (the “Site”) and through its applications and related services (collectively, such services, including the Software, as defined below, any new features and applications, and the Site, the“Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”) in order for you to test the Services’ functionality and look and feel, but only to evaluate the Services for their intended purpose. From time to time as requested by Traceable, you agree to participate in the feedback programs administered by Traceable. Traceable shall own all right, title and interest in any questions, comments, suggestions, ideas, feedback or other information about the Service(“Submissions”), provided by you to Traceable, and you hereby make all assignments necessary to accomplish the same.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You are aware of the experimental and untested nature of the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST TRACEABLE TO BINDING AND FINAL ARBITRATION. UNDER THE ARBITRATION AGREEMENT, (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TRACEABLE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at http://traceable.ai/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.
ServicesDescription: The Service observes your application and system infrastructure to allow you to monitor your application’s security posture, identify threats to application security, and monitor application performance issues.
Confidentiality: Your acknowledge that, in the course of evaluating the Services, you will obtain information relating to Traceable and the Services which is confidential in nature (“Confidential Information”). You agree that you will not discloseConfidential Information, or use Confidential Information except as contemplated by this Agreement, without the prior written consent of Traceable unless such Confidential Information becomes part of the public domain.
EquitableRelief: You acknowledge and agree that due to the unique nature of Traceable’s Confidential Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or third parties to unfairly compete with Traceable resulting in irreparable harm to Traceable, and therefore, that upon any such breach or threat thereof, Traceable shall be entitled to injunctions and other appropriate equitable relief in addition to whatever remedies it may have at law, without any obligation to post a bond.
Your Registration Obligations: You must register with Traceable in order to access and use the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 16 years of age, you are not authorized to use the Service. In addition, if you are under 18 years old, you may use the Service only with the approval of your parent or guardian.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account (including as pertains to a LoginService, as defined below), if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a)immediately notify Traceable of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Traceable will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: Traceable reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Traceable will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Traceable may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Traceable’s servers on your behalf. You agree that Traceable has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Traceable reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Traceable reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
LicenseGrant. Subject to the terms and conditions of this Agreement, Traceable hereby grants to Customer, during the Trial Term (as defined below), a limited, revocable, non-exclusive, non-transferable, non-sublicensable right and license(“Trial License”) to access and use Traceable’s application security and performance software product (whether deployed on a software-as-a-service(“SaaS”) basis or in an on-premise installation) (collectively, the “Software”)for internal business purposes only. For purposes hereof, the “Trial Term” is fifteen(15) days unless earlier terminated in accordance with this Agreement, or extended at Traceable’s sole discretion. For the avoidance of doubt, Customer’s affiliates (and employees, contractors and agents thereof) shall not use theSoftware without Traceable’s prior written consent.
Restrictions on Use.Except as otherwise expressly provided in this Agreement, Customer shall not(and shall not permit any third party to): (a) sublicense, sell, resell, transfer, assign, distribute, share, lease, rent, make any external commercial use of, outsource, use on a timeshare or service bureau basis, or use in an application service provider or managed service provider environment, or otherwise generate income from the Software; (b) copy the Software onto any public or distributed network, except for an internal and secure cloud computing environment; (c) cause or permit the decompiling, disassembly, or reverse engineering of any portion of the Software, or attempt to discover any source code or underlying algorithms or other operational mechanisms of the Software(except where such restriction is expressly prohibited by law without the possibility of waiver, and then only upon prior written notice to Traceable);(d) modify, adapt, translate or create derivative works based on all or any part of the Software; (e) use any Third Party Software (as defined below)provided with the Software other than with the Software; (f) modify any proprietary rights notices that appear in the Software or components thereof;(g) publish the results of any benchmarking tests run on any Third PartySoftware; (h) use any Software in violation of any applicable laws or regulations (including any export laws, restrictions, national security controls and regulations) or outside of the license scope set forth in the foregoing License Grant section; (i) configure the Software to collect any (1)social security numbers or other government- issued identification numbers, (2)health information, biometric data, genetic data, or payment/financial information, (3) any data relating to a person under the age of thirteen (13)years old, or (4) any other data that is subject to regulatory or contractual handling requirements (e.g., PCI, HIPAA, or state and federal data security laws) (collectively, “Prohibited Data”); (j) use the Software to (1) store, download or transmit infringing, libelous, or otherwise unlawful or tortious material, or malicious code or malware, or (2) engage in phishing, spamming, denial-of-service attacks or other fraudulent or criminal activity, (3)interfere with or disrupt the integrity or performance of third party systems, or the Software or data contained therein, (4) attempt to gain unauthorized access to the Software or Traceable’ systems or networks, or (5) perform, or engage any third party to perform, authenticated or unauthenticated penetration testing, vulnerability assessments or other security assessments on the SaaS deployment of the Software; or (k) create an account, access, or use the Software in order to (1) monitor the Software’s availability, performance, or functionality for competitive purposes, (2) copy ideas, features, functions, or graphics, (3) develop competing products or services, or (4) perform any other form of competitive analysis, as determined by Traceable in its sole discretion. Customer shall not export or re-export, directly or indirectly, any Software or technical data or any copy, portions or direct product thereof (i) in violation of any applicable laws and regulations, (ii) to any country for which the United States or any other government, or any agency thereof, at the time of export requires an export license or other governmental approval, including Cuba, Libya, North Korea,Iran, Iraq, or Rwanda or any other Group D:1 or E:2 country (or to a national or resident thereof) specified in the then current Supplement No. 1 to part 740of the U.S. Export Administration Regulations (or any successor supplement or regulations, without first obtaining such license or approval) or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. Customer shall, at its own expense, obtain all necessary customs, import, or other governmental authorizations and approvals.
Unauthorized Use. Customer shall notify Traceable promptly of any unauthorized use or access of the Software (including unauthorized users or unauthorized disclosure of any password or account), or any other known or suspected breach of security or misuse of the Software. Customer is responsible for use of the Software (and all other acts or omissions) by its employees, contractors, affiliates or other users that it allows to use or access the Software.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Traceable, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the ServiceContent, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to theService. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Traceable from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying theService or distributed in connection therewith are the property of Traceable, our affiliates and our partners. Any rights not expressly granted herein are reserved by Traceable.
The Traceable name and logos are trademarks and service marks of Traceable (collectively the “Traceable Trademarks”). Other company, product, and service names and logos used and displayed via theService may be trademarks or service marks of their respective owners who mayor may not endorse or be affiliated with or connected to Traceable. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TraceableTrademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Traceable Trademarks will inure to our exclusive benefit.
You understand, acknowledge and agree that Traceable’s Software and Service stores, in encrypted form, sensitive data components involved in the operation, security, and performance of your applications and systems. In addition, Traceable captures and uploads to Traceable cloud monitoring data that may include API request and response data of Customer information systems, which are used to identify threats and calculate metrics on Customer system activity. Limited user information is captured for the purposes of account management. If you provide Traceable with any personally identifiable information (“personal data”), you represent and warrant that such information has been collected by you in accordance with the provisions of all applicable data protection laws and regulations, and that you have all right and consents necessary to provide such personal data to Traceable. You will indemnify Traceable for reasonable costs and other amounts that Traceable may incur relating to any breach of this Section titled “Data Collection”.Notwithstanding anything herein to the contrary, Traceable shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, Software and related systems and technologies (including, without limitation, information concerning you and data derived therefrom), and Traceable will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and Software and for other development, diagnostic and corrective purposes in connection with the Services, Software and other Traceable offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. Traceable will employ physical and electronic safeguards for all data in its possession and control according to industry standards.
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Traceable has no control over such sites and resources and Traceable is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Traceable will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Traceable is not liable for any loss or claim that you may have against any such third party.
You may enable or log in to the Service via various online third party services, such as Google or Okta (“Login Services”).To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Login Services on the websites of their respective providers. Aspart of such integration, the Login Services will provide us with access to certain information that you have provided to such Login Services, and we will use, store and disclose such information in accordance with our Privacy Policy.For more information about the implications of activating these Login Services and Traceable’s use, storage and disclosure of information related to you and your use of such services within Traceable(including your friend lists and the like), please see our Privacy Policy at traceable.ai/privacy-policy.However, please remember that the manner in which LoginServices use, store and disclose your information is governed solely by the policies of such third parties, and Traceable shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.
In addition, Traceable is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Login Services. As such, Traceable is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Login Services. Traceable enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
You agree to release, indemnify and hold Traceable and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California CivilCode Section 1542, which says: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
You and Traceable acknowledge that the Service is experimental in nature and that the Service is provided on an “AS IS” and “AS AVAILABLE” basis. YOUR USE OF THE SERVICE IS ATYOUR SOLE RISK. TRACEABLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TRACEABLE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR(IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRACEABLE WILL NOT BE LIABLE FOR ANY INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATAOR OTHER INTANGIBLE LOSSES (EVEN IF TRACEABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TOUSE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV)STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL TRACEABLE’S TOTAL LIABILITY TOYOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TRACEABLE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OFTHE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY ISTO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND“LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OFTHE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
a. Agreement to Arbitrate
This Section is referred to as the “ArbitrationAgreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Traceable, whether arising out of or relating to this Agreement or the Program, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by agreeing to thisAgreement, you and Traceable are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Notwithstanding the foregoing, this Arbitration Agreement shall not preclude either party from pursuing a court action for the sole purpose of obtaining a temporary restraining order or preliminary injunction in circumstances in which such relief is appropriate; provided that any other relief shall be pursued through an arbitration proceeding pursuant to this Arbitration Agreement.
b. Prohibition of Class and Representative Actions andNon-Individualized Relief
You and Traceable agree that each may bring claims against the other only on an individual basis and not as plaintiff or class member in any purported class or representative action or proceeding. Unless both you and Traceable agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Also, the arbitrator may award relief(including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s).
c. Pre-Arbitration Dispute Resolution
Traceable is always interested in resolving disputes amicably and efficiently, and most participant concerns can be resolved quickly and to the participant’s satisfaction by emailing Traceable’s support team at support@traceable.ai. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Traceable should be sent to 625 Market Street San Francisco, CA94105 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Traceable and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Traceable may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Traceable or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Traceable is entitled.
d. Arbitration Procedures
Arbitration will be conducted by a neutral arbitrator in accordance with the American ArbitrationAssociation’s (“AAA”) rules and procedures, including the AAA’s CommercialArbitration Rules (collectively, the “AAA Rules”), as modified by thisArbitration Agreement. If there is any inconsistency between any term of the AAA Rules and any term of thisArbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. The arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under this Agreement and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Traceable and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Traceable agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
e. Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this ArbitrationAgreement. Any payment of attorneys’ fees will be governed by the AAA Rules.
f. Confidentiality
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b)above titled “Prohibition of Class and Representative Actions andNon-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of theTerms of Service will continue to apply.
h. Future Changes toArbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Traceable agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Traceable written notice within thirty(30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Traceable, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within theService, for any reason, including, without limitation, for lack of use or if Traceable believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Traceable may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Traceable may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Traceable will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Traceable will have no liability or responsibility with respect thereto. Traceable reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Except for payment obligations, neither party hereto will be liable for defaults or delays due to acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, earthquakes, floods, accidents, or other unforeseeable causes beyond its reasonable control and not due to its fault or negligence.
These Terms of Service constitute the entire agreement between you and Traceable and govern your use of the Service, superseding any prior agreements between you and Traceable with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Traceable agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within SanFrancisco County, California. The failure of Traceable to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms ofService remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Traceable, but Traceable may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to theseTerms of Service or other matters by displaying notices or links to notices generally on the Service.
At Traceable, we respect the privacy of our users. For details please see our PrivacyPolicy. By using the Service, you consent to our collection and use of personal data as outlined therein.
Please contact us at legal@traceable.ai to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
