Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the www.thetrace.app website (the “Website”) and the TRACE mobile applications and services (collectively, the “Services”). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with TRACE App Inc. (“TRACE”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.
PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH TRACE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWELDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND the CONSEQUENCES THEREOF.
1. Basic Terms
TRACE provides a social media platform to foster a gender-affirming environment for transgender and non-binary individuals. Certain service provided by Trace are free, while others require a subscription.
You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with TRACE and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdiction. If you are under 13 years of age you may not use or access the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
Businesses and other organizations pay us to show you ads for their products and services. By using the Services, you agree that we can show you ads that we believe will be relevant to you and your interests. Consistent with our privacy policy, we use your personal data to help determine which ads to show you. We don’t sell your personal information to advertisers, nor do we share information about you that directly identifies you, unless you give us permission to do so. Instead, advertisers tell us about their preferred audience for their advertisements and we show such advertisements to those users that we believe meet the advertiser’s criteria. We also may provide advertisers with reports regarding the performance of their ads. If you prefer not to receive personalized ads, please indicate your preference by contacting us at support@thetrace.app; however, please note that you will continue to receive non-personalized ads until you upgrade to a paid subscription of the Services.
Some of the content available on the Services may include paid promotional content and links to third-party services and vendors. TRACE is not representing and does not endorse or warrant any third-party services and vendors that may be linked on the Services (“Vendors”). Product or service specifications provided by Vendors have not been reviewed by TRACE for accuracy, quality or availability. If you have a problem with any products or services you received from a Vendor that you learned about or linked to via the Services, please discuss your concerns directly with the Vendor. We always welcome feedback about Vendors but will not be responsible or involved in any dispute between our users and our Vendors. You expressly acknowledge that TRACE is not a party to any agreement for products or services entered into between you and a Vendor and that TRACE shall not be a party to any claim or action you bring against a Vendor related to any products or services you viewed on the Services.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, TRACE may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
2. Privacy
Any information that you provide to TRACE is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by TRACE. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your TRACE account, which you may not be able to opt-out from receiving.
3. Passwords
You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account and with other accounts that you may connect to your TRACE account. TRACE cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements or other consequences of your failure to adequately secure your user credentials. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
4. Content; User Submissions.
The mission of TRACE is to create a gender-affirming environment for transgender and non-binary individuals. We aim to provide a safe environment for our users to share their experiences and receive support. We expect users to treat each other with dignity and respect.
These Terms govern your conduct, your rights, and our rights with respect to any text, photograph, video, post, communication, music, audio or sound recording, artwork, ratings, reviews, documents, or other materials or information you submit to TRACE about the Services or to the Services ("Content"). When you submit Content, you agree to the following:
your Content is original, accurate, and created by you;
your Content is not impersonating another person or entity, or intended to mislead, confuse, or deceive others;
you are over the age of majority, or, if a minor, your parent or legal guardian consents to the submission of your Content;
your Content is not false, misleading, offensive, abusive, disrespectful, or profane, vulgar, obscene, derogatory, defamatory, libelous, slanderous, bullying, or otherwise inappropriate;
your Content does not contain anything that infringes any third party's copyright, patent, trademark, trade secret, right of publicity, right of privacy, moral rights, and/or any other applicable personal or proprietary rights;
your Content does not contain content which violates any law, statute, ordinance or regulation or content that engages in, encourages, advocates, or provides instructions for conduct that would constitute a criminal or civil offense under any law, statute, ordinance or regulation;
your Content does not contain material or content that is, or may reasonably be considered to be, hate speech, whether directed at an individual or group, or that is otherwise unlawfully threatening or unlawfully harassing to any individual, partnership, corporation, or political body;
your Content is not a threat of violence to others, or promoting violence to others;
your Content does not relate to restricted goods and services, including but not limited to firearms, non-medical drugs, pharmaceutical drugs, hazardous goods, weight loss products, or alcohol or tobacco;
your Content does not contain violent or graphic content, sexual activity or sexual solicitation, or involve child sexual exploitation, abuse or nudity;
Involve Content that promotes, encourages, coordinates or provides instructions for suicide, self-injury or eating disorders;
your Content does not contain content which includes third party websites, addresses, email addresses, contact information, phone numbers, other information or opinions about an identified or reasonably identifiable individual or private information (including sensitive information) without obtaining prior consent from that individual for sharing such information with the Services;
your Content does not violate any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
your Content does not contain programming or materials containing any Trojan horses, spam, viruses, worms, harmful code, or other potentially damaging information, programs, or file; and
TRACE’s use of your Content does not violate these Terms and will not cause injury to any person or entity.
The foregoing list of prohibited Content and user restrictions is not intended to be exhaustive. TRACE reserves the right, but does not have the obligation, to remove any Content or user from the Services for any Content that TRACE believes is detrimental to the Services or other users or violates the spirit of creating a gender-affirming environment for transgender and non-binary individuals. Please be aware that TRACE does not verify the accuracy of any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. We are not responsible for the actions of our users or your interactions with other users and we advise you to use the services safely and responsibly. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will TRACE be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. For the avoidance of doubt, we reserve the right at all times (but will not have an obligation) to suspend and or terminate users or reclaim usernames without liability to you.
By submitting Content, you grant to TRACE:
Permission to use the Content that you create and share. You continue to own the intellectual property rights in any Content that you create or share on the Services. However, we need legal permission to use your Content to provide our Services. Therefore, when you share Content, you grant TRACE a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, fully sublicenseable and transferable right and license to access, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, display, and perform such Content, in whole or in part, in any media, format or technology, whether now known or hereafter discovered, and in any manner including, but not limited to, all promotional, public viewing or commenting (whether on TRACE's web pages or on third party web pages), advertising, marketing, merchandising, publicity, and commercial uses and ancillary uses thereof, without any further notice or payment to or permission needed from you (except where prohibited by law).
Permission to use your name, profile picture, and information about your actions with advertisements and/or sponsored content. You give us permission to use your name and profile picture and information regarding actions you have taken on the Services near or in connection with advertisements, offers and sponsored content, without compensation to you. For example, we may let other users know that you’re interested in attending an event or that you have donated to a cause.
By submitting Content, you agree to release, hold harmless and indemnify on behalf of yourself and your successors, assigns and representatives, TRACE and each of its respective officers, directors and employees from and against any and all claims, suits, actions, demands, liabilities and damages of any kind whatsoever arising out of or in connection with the use of such Content, including, without limitation, any and all claims for false advertising, copyright infringement, invasion of privacy, violation of the right of publicity or of moral rights, or defamation. You acknowledge that you may not terminate or rescind the grants of rights and licenses and/or the releases contained in these Terms at a later time.
We appreciate hearing from you and welcome your comments regarding the Services. If you send us any creative ideas, suggestions, inventions, or materials (“Creative Ideas”), you agree that TRACE: (a) will own, exclusively, all now known or later discovered rights in and to the Creative Ideas and that you have the full right and authority to grant and convey the exclusive ownership of the Creative Ideas to TRACE in accordance with these Terms; (b) will not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas for any purpose; and (c) will be entitled to the unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation or attribution to you or any other person; and (d) you expressly waive any right to contest TRACE’s ownership of any intellectual property rights related to the Creative Ideas.
5. TRACE Rights
All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of TRACE and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. TRACE reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding TRACE, or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
6. Restrictions On Use Of The Services
You agree that you will not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TRACE’s computer systems, or the technical delivery systems of TRACE providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TRACE (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TRACE (NOTE: scraping the Services without the prior consent of TRACE is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.
The foregoing list of restrictions is not intended to be exhaustive. We reserve the right at all times (but will not have an obligation) to suspend and or terminate users that violate these Terms.
7. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to support@thetrace.app, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at support@thetrace.app.
8. Ending These Terms
The Terms will continue to apply until terminated by either you or TRACE as follows.
You may end your legal agreement with TRACE at any time for any reason by deleting your account in your account settings and discontinuing your use of the Services. You may also deactivate your account in your account settings, however, deactivation will not terminate these Terms. Upon deletion of your account, your Content will not be visible to you or to other users. However, it may continue to exist elsewhere on our system where (i) immediate deletion is not possible due to technical limitations; (ii) other users on the Services are using your Content and have not deleted it; or (iii) where immediate deletion would restrict our ability to investigate violations of these Terms or illegal activity, comply with applicable law or a request by a law enforcement or judicial authority.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination. Nothing in this section shall affect TRACE’s rights to change, limit or stop the provision of the Services without prior notice, as provided above.
9. Disclaimers, Limitations of Liability, and Indemnity
Please read this section carefully since it limits the liability of TRACE and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “TRACE Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Services are Available “AS-IS”
Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE TRACE ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The TRACE Entities make no warranty and disclaim all responsibility and liability for: (i) any actions, comments, advice or suggestions of TRACE users, Mentors, Vendors, paid advertisers or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content; (iv) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services; and (viii) any condition, injury or harm to you or to a third party that occurred despite your use of the Services. No advice or information, whether oral or written, obtained from the TRACE Entities or through the Services, will create any warranty not expressly made herein.
B. Links
The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the TRACE Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TRACE ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TRACE ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TRACE, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TRACE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
D. Indemnification
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the TRACE Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other TRACE user, third-party provider, Vendor, Mentor or paid advertiser; and (3) any activity in which you engage on or through the Services.
10. GENERAL TERMS.
A. Arbitration; Controlling Law and Jurisdiction. These Terms shall be governed and construed in accordance with the laws of the State of Wisconsin (without regard to conflict of law principles). In the event of any dispute, you agree to submit to the personal and exclusive arbitration of any disputes relating to its use of the Services under the rules of the American Arbitration Association on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Any such arbitration will be conducted in the State of Wisconsin. You agree to submit to the exclusive jurisdiction of arbiters in this forum and agree to waive all claims of personal or subject matter jurisdiction, to the extent permissible. You also acknowledge and understands that, with respect to any dispute arising out of or relating to your use of the Services:
YOU AGREE TO ARBITRATION.
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY.
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
B. Entire Agreement
These Terms and our Privacy Policy and any applicable are the entire and exclusive agreement between TRACE and you regarding the Services (excluding any service for which you have a separate agreement with TRACE that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TRACE and you regarding the Services.
C. Waiver and Severability
The failure of TRACE to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time, the most current version will always be at [INSERT LINK]. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 8 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us.
Effective: 10/13/2022.