Trace Air Quality Inc

​

Terms of Use

Effective Date:  August 20, 2025​

 

Please note that Section 14 of these Terms of Use contain a binding arbitration agreement and class action waiver. By agreeing to these Terms of Use, you and Trace AQ agree to submit any disputes between us exclusively to individual arbitration and not to sue in court, except in the limited circumstances described below.

 

Table of Contents

 

1. Accepting the Agreement

2. Definitions

3. Your Account

4. AI Features

5. Fees and Payment

6. Content

7. License Grant, Ownership, and Acceptable Use

8. Third-Party Services

9. Indemnification

10. Warranties

11. Limitation of Liability

12. Confidential Information

13. Cancellation, Termination and Suspension

14. Arbitration Agreement

15. General Provisions

 

1.Accepting this Agreement.

 

These Terms of Use (“Terms of Use” or “Terms”) and other documents that we reference below make up the requirements to use the Trace AQ Platform. Capitalized terms are defined either in Section 2 below, or within the context of the Agreement.

 

The Agreement is a legally binding contract between you and Trace AQ. Because it is such an important contract between us and our Users, we have tried to make it as clear as possible.

 

Please note that Section 14 contains an arbitration clause and class action waiver, applicable to all Users, and explains how to get out of arbitration. Unless you validly opt out, you agree to resolve any disputes with Trace AQ exclusively through binding individual arbitration, with only limited exceptions. This means you and Trace AQ are waiving the right to sue in court, have a trial by jury, or participate in class or representative action. Please read this Section carefully, as it affects your rights.

 

This contract sets out your rights and responsibilities when you use the Trace AQ Platform. Please read it carefully. By using the Trace AQ Platform, you’re agreeing to the Terms. IF you do not agree with the Terms, you may not use the Trace AQ Platform.

 

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE TRACE AQ PLATFORM AND APPLIES TO ALL USERS VISITING OR ACCESSING THE TRACE AQ PLATFORM. BY ACCESSING OR USING THE TRACE AQ PLATFORM IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT”  BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR ACCESSING THE TRACE AQ PLATFORM, YOU REPRESENT THAT YOU: (a) HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE  NOT BARRED FROM USING THE TRACE AQ PLATFORM UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (c) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE TRACE AQ PLATFORM ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE TRACE AQ PLATFORM.

 

2.Definitions.

 

The following are key terms that will be helpful as you read these Terms. Other key terms may be defined in the context within the Agreement. These are denoted in bold and capital lettering.

 

“Account” means the account each User creates in order to use the Trace AQ Platform. It serves as a User’s identity on the Trace AQ Platform.

 

“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in these Terms of Use and all other operating rules, policies (including any supplemental terms) and procedures that we may publish from time to time on the Trace AQ Platform.

 

“AI Tools” means any tools, features, or functionality in the Services that may be offered by Trace AQ from time to time that utilize artificial intelligence or machine learning technologies.

 

“Confidential Information” means all information disclosed by Trace AQ or made available to you through the use or access to the Trace AQ Platform, whether tangible or intangible and in whatever form or medium provided.

 

“Content” refers to content featured or displayed through the Trace AQ Platform, including documents, data, text, images, photographs, artwork, graphics, video, messages, tags, and/or content, materials, and other items, including any such content provided in air quality forecasts accessed through the Trace AQ Platform. This may also include information submitted by Users to enable or refine forecasts, such as location data, GPS coordinates, sensor inputs, and usage preferences that inform personalized or geospatially specific forecast outputs.  

 

“Documentation” means the user documentation made available online to Users.

 

“Laws” means all laws, regulations, conventions, judgments, codes, decrees, decisions, orders, or other binding requirements of any Government Authority having jurisdiction.

“Privacy Policy” means Trace AQ’s privacy policy found at https://www.traceaq.com/privacy-policy as may be updated by Trace AQ from time to time in its sole discretion.

 

“Site” means the Trace AQ website found at www.traceaq.com, which grants access to the Trace AQ Platform to Users.

 

“Share” (and its derivatives) refers to uploading, sharing, posting, emailing, transmitting, querying, commenting, or otherwise making available or to the Trace AQ Platform.

 

“Third-Party Products” means any and all open-source software, applications, data, APIs, models, or other products or services owned by third parties and licensed to Trace AQ for use in connection with the Services and subject to contractual, regulatory, and legal obligations.

 

“Third-Party Systems” means any and all software, applications, data, APIs, or other products or services owned by third parties and licensed to Customer that is accessed, connected to, or otherwise used in conjunction with the Services.

“Third-Party Terms” means any and all agreements, terms, conditions, policies, other requirements of a third-party provider of a Third-Party Product, each as may be updated from time to time by the applicable third party.

 

“Trace AQ,” “we,” “us,” or “our” means Trace Air Quality, Inc.

 

“Trace AQ Platform” or “Services” means the Site and any other website application, interface, API, portal, or web service application enabled or made available by Trace AQ and any User’s access thereto (including access to Trace AQ Aero).

 

“User Content” is Content that is Shared by Users other than you.

 

“Users” are the individuals, companies, or organizations that have visited or are using the Trace AQ Platform.

 

“You” and “your” refers to the User, company, or organization that accepts this Agreement, creates the Account, if applicable, or accesses or uses any part of the Trace AQ Platform.

 

“Your Content” is Content that you Share.

 

3.Your Account

 

1. Creating Your Account. In order to access certain features of the Trace AQ Platform, you will be required to create an Account. You must be 18 years or older to use the Trace AQ Platform. You must not create an Account or use the Trace AQ Platform if you have been previously removed by Trace AQ, or if you have been previously suspended or removed from the Trace AQ Platform. You must not create an Account using a false identity or information, or on behalf of someone other than yourself.

 

1. Registration Data. In registering an Account on the Trace AQ Platform, you must (a) provide true, accurate, current, and complete information about yourself as prompted (the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Trace AQ may suspend or terminate your Account and refuse any and all current or future use of the Trace AQ Platform (or any portion thereof) if you provide false or inaccurate data.

 

1. Responsibility for Account. You are solely responsible for any activity on your Account. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.

 

1. Your Account. You do not own or have any other property interest in your Account. Furthermore, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, even individuals in the same business or entity, and you must tell us immediately of any unauthorized use of your password or any other breach of security. You may not have more than one Account at any given time. Trace AQ reserve the right to remove or reclaim any usernames at any time and for any reason, including claims by a third party that a username violates the third party’s rights.

 

1. Communications with Trace AQ. Except as may be set forth in any supplemental terms, Trace AQ only offers support via email (through support@traceaq.com) . Please review Section 16 (General Provisions) for how to contact Trace AQ for legal notices.

 

1. Privacy and Security. The Services can involve the submission, collection and/or use of personal information. We and any applicable third party may collect, access and use such information relating to Users. Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy, https://www.traceaq.com/privacy-policy

 

We endeavor to maintain reasonable administrative, technical and physical safeguards designed to protect our Services against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use, although we cannot and do not guarantee the security of any information. If we detect potentially suspicious activity associated with your Account (e.g., a potential cyberattack or compromise), we may disable access to them as deemed appropriate in our reasonable discretion.In the event we do so, we will endeavor to promptly notify you about the issue and potential steps towards resolution

 

4. AI Features.

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The Services may include features that process Content through AI Tools. Use of the AI Tools may be subject to Third-Party Terms. In response to any prompts, comments, questions, or other input (“Input”) and Your Content that User may provide to the AI Tools, some of the AI Tools may generate output based on such Input (“Output”). User acknowledges that the Outputs are based on its Inputs and Content, and that Trace AQ has no control over such Inputs and Content. User represents and warrants that it has all necessary rights and permissions to submit any Content or Input to the AI Tools. User further acknowledges and agrees that: (a) any AI-generated content, suggestions, Outputs, or code are provided “AS-IS,” “WHERE-IS,” without warranty of any kind by Trace AQ, including any warranties of accuracy, completeness, truthfulness, timeliness or suitability, or with respect tot the ability for Outputs or Inputs to be protected by intellectual property rights under any Laws; (b) User is solely responsible for reviewing, testing, and implementing such content and Outputs, and will comply with all applicable Law in using such content and Output; (c) User assumes all risks and liability associated with the use of AI Tools and Output, and any third party that you share such Output with; and (d) Trace AQ shall not be liable for any decisions, actions, or code implementations made based on such AI Tools or AI-generated content. User further acknowledges that any Content or Input provided to or through the AI Tools may be used to improve and train its AI systems, provided that such data is anonymized and aggregated. 

 

5.Fees and Payment

 

1. Paid Services

 

Certain Services we provide may be subject to payment of particular fees (“Fees”), as determined by Trace AQ at its sole discretion and as posted on our website (“Paid Services”). We have the sole discretion as to the means, manner, and method for performing the Services, including in regard to the provision of air quality forecasts. We have the right to offer the Services through different price plans and impose different restrictions for the upload, storage, download and use of the Services in each price plan, including without limitation, the amount of use of the Trace AQ Aero product.

 

1. Trace AQ will notify you of applicable Fees for your use of the Services, and you must pay Trace AQ for the Paid Services you select on the payment schedule specified by Trace AQ.

 

1. Trace AQ reserves the right to change its Fees at any time in its sole discretion. Trace AQ will send notice regarding the change to you if such a change will affect your existing subscriptions.

 

1. If you receive a free trial, discount or other promotional offer rom us, Trace AQ shall have the right at the end of the applicable free/discounted period to automatically and without notice renew your subscription to such Paid Services at the then-current applicable Fees.

 

1.  You agree to provide current, complete, and accurate payment information for all purchases, so that we can complete your transactions and contact you as needed. No purchases are permitted for resale or transfer to another person or organization without our express authorization. We may store a tokenized copy of your payment information for future transactions if you permit or if you agree to any recurring payments. If your selected payment method cannot be charged for any reason (e.g., expired), you authorize us to use any credit or other payment method stored in your account. All payments must be in U.S. dollars unless otherwise specified.

 

1. All Fees are in U.S. Dollars and payable in U.S. Dollars to Trace AQ, except as specifically stated otherwise in writing by Trace AQ. All Fees are exclusive of applicable taxes including value-added tax, sales tax, goods and service tax, and other levies or duties imposed by taxing authorities, and you shall be responsible for payment of all applicable taxes relating to your use of the Services, or to any payments or purchases made by you. If Trace AQ is obligated to collect or pay taxes for the Fees payable by you, and whether or not such taxes were added and collected from you for previous transactions, such taxes may be added to the payment of any outstanding Fees and will be reflected in the statement for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees, or fees due to banks or credit card companies). Trace AQ is not responsible for any such additional fees or costs.

 

1. If you purchase Paid Services directly from Trace AQ, then as part of registering or submitting information to receive Paid Services, you also authorize Trace AQ (either directly or through its affiliates, service providers, or other third parties) to request and collect payment and service fees, and otherwise charge, refund or take any other appropriate billing actions, through our payment provider or your designated bank account, and to make any inquiries Trace AQ may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).

 

1. ALL PURCHASES THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE EXCEPT TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE.

 

1. Invoices

 

Trace AQ will issue a billing statement for any payment of Fees or refund made to or by Trace AQ (“Statement”). Statements will be issued in electronic form and made available to you via your Account and/or by email. For the purpose of issuing a Statement, you may be required to furnish certain personal information (as such term is defined in the Privacy Policy) in order for us to comply with local laws.

 

1. Subscription and Auto-Renewals

 

1. In order to ensure that you do not experience any interruption or loss of services, certain Paid Services are provided on a subscription basis (“Subscription”) and include an automatic renewal option by default, according to which, unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable Subscription period, for a renewal period equal in time to the original Subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable taxes changes and excluding any discount or other promotional offer provided for the first period).

 

Before completing your purchase, you will be clearly presented with all material terms of the Subscription, including the recurring nature of the charges, frequency, amount, cancellation process, and renewal terms, and you must affirmatively consent to these terms (e.g., by checking an unchecked box or taking other clear action)

 

1. Accordingly, where applicable and as for Fees paid directly to Trace AQ, Trace AQ will attempt to automatically charge you the applicable Fees using the payment method in your Account, within up to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may, at our sole discretion (but shall not be obligated to) retry to collect at a later time, and/or suspend or cancel your Account, without further notice.

 

1. By entering into these Terms and by purchasing a Subscription, you acknowledge and agree that the Subscription shall automatically renew in accordance with the above terms.

 

1. Notwithstanding anything to the contrary in the foregoing, you are, and shall be, solely responsible to verify and ensure the successful renewal of the Trace AQ Services you use (whether or not such Services are subject to automatic Subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any Trace AQ Services not being subject to automatic Subscription renewals. Cancellation options will be made available in a manner that is as simple and accessible as the method used to sign up. For example, if you signed up online, you will be able to cancel your Subscription through your Account settings or another similarly accessible online feature . Additional cancellation methods (e.g., email) may be provided depending on the original sign-up channel. You acknowledge and agree that you shall not have any claims against Trace AQ in relation to the discontinuation of any Services, for whatever reason.

 

1. Chargebacks

 

1. If at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees due to Trace AQ for your Account (a “Chargeback”), it will be considered as a breach of your payment obligations, and your use of the Services may be automatically disabled or terminated. In the event a Chargeback is performed, your Account may be blocked without the option re-purchase or re-use it, and any data contained in such Account, including any domains and applications may be subject to cancellation.

 

1. Your use of the Services will not resume until you re-subscribe for any such Services, and pay any applicable Fees in full, including any fees and expenses incurred by Trace AQ for each Chargeback received (including Fees for Trace AQ Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).

 

1. If you have any questions or concerns regarding a payment made by you to Trace AQ, we encourage you to first contact us as provided below before filing a Chargeback or reversal of payment, in order to prevent the Services from being canceled and your Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the Trace AQ Services purchased (and charged back) by you.

 

1. We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the user is responsible for such Chargeback and did, in fact, authorize the transaction and received or made use of the services rendered thereafter.

 

1. Cancellation

 

You may discontinue to use and request to cancel your Account and/or any Trace AQ Services at any time, in accordance with the instructions available through the Services. If you signed up through our website, you will be able to cancel through an online cancellation mechanism that is at least as simple as the sign-up process. This may include a “Cancel Subscription” button in your Account settings or an equally accessible online form. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ period, provided however, that Subscriptions will be discontinued only upon the expiration of the respective period for which you have already made, or are required to make, any payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge.

Failure to comply with any of our Terms and failure to pay any due Fees shall entitle Trace AQ, among other things, to suspend (until full payment is made) or cancel your Account (or certain features thereof), as well as the provision of any related Trace AQ Services (e.g., Paid Services) or third party services to you.

THE TERMS AND CONDITIONS IN THIS SECTION 5 ARE ONLY AS BROAD AS PERMITTED BY LAW AND DO NOT AFFECT ANY STATUTORY RIGHTS YOU MAY HAVE.

 

6.Content

 

1. Your Content. You may not Share any of Your Content unless you have the necessary rights as contemplated in the Agreement.  When you Share any of Your Content, you represent that you own or have sufficient rights to Share Your Content in connection with the Trace AQ Platform, including to grant the license set forth in Section 6.2 (Your Grant of License). Trace AQ has the right in its sole discretion to remove or block any of Your Content at any time where (a) Your Content violates applicable laws, regulations, orders, or is in violation of the Agreement, including the acceptable use policy; (b) removal or blocking is necessary because of exigent circumstances or to protect the safety, security, reputation, or integrity of the Trace AQ Platform or any third party; or (c) in order to respond to requests from law enforcement or any other governmental authority. 

 

1. Inappropriate Content. You are entirely responsible for all of Your Content that you Share. You must not share any of Your Content on or through the Trace AQ Platform, that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (b) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (c) contains any viruses, worms or other malicious computer programming codes that may damage the Trace AQ Platform; (d) contains any personal information, such as financial, medical or other sensitive personal information, such as government IDs, passport numbers or social security numbers; or (e) involves commercial activities and/or sales, such as contests, sweepstakes, barter, advertising, or pyramid schemes. Furthermore, Your Content may not contain nudity, violence, sexually explicit, obscene, or offensive subject matter as determined by Trace AQ in its sole discretion. You may not Share any of Your Content that includes any identifiable person or any of their personal characteristics without that person’s permission, including such information provided by a User that identifies an Invited Collaborator.

 

1. Data Backup. Trace AQ is not responsible and will not have any liability for (a) any such loss or the accuracy of any Content; (b) the failure to store, transmit, or receive transmission of any Content; or (c) the security, privacy, storage, or transmission of other communications originating with or involving use of the Trace AQ Platform.  Trace AQ is not responsible for the backup Your Content.  You acknowledge that data conversion, processing and manipulation are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage.  You should adopt reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. You are also responsible for complying with all local, state, and federal laws pertaining to the use and disclosure of any data. 

 

7.License Grant, Ownership, and Acceptable Use

 

1. Trace AQ Grant of License. Subject to your compliance with the Agreement, Trace AQ grants to you a limited, royalty-free, worldwide, non-exclusive, non-transferable license to (a) use and access the Trace AQ Platform, for your personal use. This  license  does  not  include  any  right  to  resell  or collect and use of any derivative of  the Trace AQ Platform, AI Tools, Your Content, or User Content;  any  downloading  or  copying  of  Account  information  for  the  benefit  of a third party; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Trace AQ Platform and/or any portion of the Trace AQ Platform may not be reproduced, sold, resold,  visited  or  otherwise  exploited  for  any  purpose  without  Trace AQ’s  express  written  consent.  Any unauthorized  use  automatically  terminates  the  permissions  and/or  licenses  granted  by  us  to  you. Some features may not be available on all devices. Further, the Trace AQ name, logo, and trademarks, stylizations, graphics, service marks and tradenames use on or with the Trace AQ Platform (“Trace AQ Marks”) are the trademarks of Trace AQ and may not be used without permission. Other trademarks, service marks and trade names that may appear on or in the Trace AQ Platform are the property of their respective owners. You may not use Trace AQ’s name or any language, pictures or symbols that could, in Trace AQ’s judgment, imply Trace AQ’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

 

1. Your Grant of License. You hereby grant to Trace AQ a worldwide, non-exclusive, royalty-free, transferable, sublicensable to Users and multiple tiers of other of sublicensees, irrevocable, perpetual right (including any moral rights) and license to use, reproduce, perform, display, distribute, store, adapt, translate, modify, process, and create derivative works of all of Your Content, in whole or in part, and in combination with User Content and other data or materials for the purposes of (a) providing and operating the Trace AQ Platform, performing support, and performing additional Trace AQ Platform functions; and (b) to improve the Trace AQ Platform. You also grant Trace AQ the right to use Your name, logo, trade name, trademarks, and other brand identifiers for advertising, marketing, promotional, and internal purposes, including but not limited to presentations, case studies, customer lists, and product demonstrations.

 

1. Feedback. You hereby grant Trace AQ a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Trace AQ Platform, without restriction, any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to any of the Trace AQ Platform (“Feedback”). Trace AQ will not publicly identify you as the source of such Feedback without your permission.

2. Usage Data. As between Trace AQ and you, all data analytics, technical logs, learnings, and data generated from your use of the Trace AQ Platform (“Usage Data”) is the sole and exclusive property of Trace AQ.  Trace AQ will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify you; and (b) aggregated with data across other Users.

3. Ownership. Except for the limited license granted to Trace AQ under Section 7.2 (Your Grant of License), you solely own and retain all rights, title and interest in Your Content.  Except for the limited license granted to you pursuant to Section 7.1 (Trace AQ Grant of License), Trace AQ solely owns and retains all right, title and interest in and to the Trace AQ Platform, Usage Data, AI Tools, Feedback, and Trace AQ Marks, including all of the software comprising any portion thereof and all related services, specifications, Documentation, technical information, corrections, modifications, derivatives, additions, improvements and enhancements to and all intellectual property rights in the foregoing.  All techniques, know-how, software, algorithms and methods or rights thereto owned by Trace AQ at the time this Agreement is executed, developed during the course of the design, development, and provision of the Trace AQ Platform, or which are employed by Trace AQ in connection with the Trace AQ Platform, shall be and remain the property of Trace AQ.

4. Compliance with Laws and Regulations. You are responsible for complying with all applicable Laws, rules, and regulations in all your actions related to your use of the Trace AQ Platform, regardless of the purpose of the use.

 

1. Monitoring. Trace AQ may, but is not obligated to, investigate, monitor, pre-scree, remove, refuse, or review the Trace AQ Platform and/or Content, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the Sharing of Your Content in any form.

 

1. Use Restrictions. Trace AQ grants no rights other than explicitly granted in this Agreement and User shall not exceed the scope of its license. These restrictions apply to all use of the Services, whether by User or any activity under its Account or credentials. For the avoidance of doubt, User shall not (or permit any third party to):

 

1. violate or attempt to bypass any usage restrictions on specific features or settings, such as limits on access frequency, storage capacity, or other system resources;

 

1. reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate, engage in model extraction or stealing attacks, attempt prompt injection or jailbreaking techniques, attempt to bypass system safeguards or content filters, manipulate or override the system's intended constraints or instructions, analyze the internal operations or structure of the Services, or otherwise attempt to discover, access, derive, or reconstruct any source code, underlying components of the Services, algorithms, source prompts, training methodologies, proprietary techniques, and/or systems of any Service (except to the extent these restrictions are contrary to applicable Law);

 

1. coordinate malicious activities across multiple accounts; using automation to create accounts or engage in spam behavior; or unauthorized use of prompts and completions to train AI models or to extract or replicate Service Provider’s proprietary data, models, or systems;

 

1. modify, copy, reproduce, or create derivative works based on any Service, support, professional services, or Documentation;

 

1. remove, modify, or obscure any terms, confidential branding, proprietary notices, copyright notices, branding or identifying disclaimers from any Service, support, professional services, or Documentation;

 

1. access or use any Service, support, professional services, or Documentation, or analyze the performance, capabilities, functionality, response patterns, or output of any Service, support, or professional services to create any competing model, product or service or to benchmark against a competing model, product or service, or to reconstruct Trace AQ’s proprietary methods, processes, or trade secrets;

 

1. engage in or use any data mining, crawling, readers, bots, scraping, systematic querying, or similar data collection or extraction methods that result in a load on the Service inconsistent with normal human usage behavior or that could be used to derive Trace AQ’s confidential information or trade secrets;

 

1. access or use the Services by any means other than through the interfaces that is provided by Trace AQ or do any "mirroring" or "framing" of any part of the Services, or create Internet links to the Services that include log-in information, customer names, passwords, and/or secure cookies;

 

1. use any method to extract, harvest, collect, or store data from the Services or support other than as permitted through the Services; or buy, sell, or transfer API keys except as may be otherwise permitted as set forth in this Agreement;

 

1. share, rent, or allow concurrent use of access credentials; use or attempt to use stolen, hacked, purchased, borrowed, or otherwise improperly obtained credentials; access the system through any automated or programmatic method not explicitly authorized; impersonate another user; or permit use of any Services, support, professional services or Documentation, by any unauthorized individual, entity, device, or system;

 

1. use any Services in violation of any applicable Law, including any purposes classified as "prohibited" or "high-risk" under applicable Laws, including AI regulatory requirements in various countries and regions;

 

1. use any Services in a manner that knowingly infringes, misappropriates, or otherwise violates any third party’s rights, including through unauthorized surveillance or profiling;

 

1. use any Services for any unlawful, prohibited, defamatory, fraudulent, deceptive, unethical, inappropriate, offensive, violent, pornographic, obscene, abusive or harmful purpose or activities;

 

1. attempt to probe, scan, or test the vulnerability of the Services, breach the security or authentication measures of the Services or support without proper authorization, or intentionally make any part of the Services unavailable to any individual, entity, device, or system;

 

1. introduce into any Services or Documentation, or use the Services to upload any data that results in the distribution or execution of, any malicious code, including viruses, works Trojan horses, time bombs, spyware, adware, or other harmful technologies;

 

1. use the Services in any manner that disrupts or compromises the integrity or security of the Service or related systems;

 

1. transfer, lease, lend, provide, display, publish, license, sublicense, sell, assign, or otherwise make any Services, or use the Services, whether as a service bureau or otherwise, to provide services to, any individual, entity, device, or system except as expressly permitted in this Agreement;

 

1. collect, record, store, analyze, or disclose confidential information related to the operation or outputs of the Services, including patterns, methodologies, response characteristics, or other proprietary elements that could reveal Trace AQ’s trade secrets, or

 

1. use the Services in violation of Trace AQ’s policies or that may harm Trace AQ’s name or reputation or that of any of Trace AQ’s affiliates or partners.

 

All rights not expressly granted by Trace AQ are reserved by Trace AQ, and User acknowledges that all intellectual property rights, trade secrets, and confidential information related to the Services remain the exclusive property of Trace AQ

 

 

8.Third-Party Services

 

1. Third-Party Websites, Applications, and Ads. The Trace AQ Platform may use and/or contain links to third-party websites, mobile apps, software, products, services, and advertisements for third parties, including connections with and to the Payment Processor (collectively, the “Third-Party Services”). Trace AQ has no control over these Third-Party Services or their content and does not assume responsibility or liability for any content, opinions, or material available on them. Third Party Services may include websites operated by third parties that Trace AQ engages to provide certain services to you on Trace AQ’s behalf. The Trace AQ Platform may also contain data or other materials that are made available by third parties, or content that are based on such third-party data or other materials.

 

1. Disclaimer. Trace AQ does not own the Third-Party Services or the Content, opinions, and materials contained therein. Trace AQ expressly disclaims, and does not assume, any responsibility or liability for any Third-Party Services, or any Content, opinions, or material available on Third-Party Services, or such Third-Party Services’ privacy practices with respect to information that you provide via the Third-Party Services. Trace AQ does not endorse the content of any Third-Party Services or represent or warrant that a Third-Party Service is or will be free of computer viruses or other harmful code that can impact your computer or other web-access device.  We encourage you to review any Third-Party Service's terms of use and privacy policy as those apply to your use of the Third-Party Service and any information that they collect.

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