Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Traceten analytics service (the "Service") provided by Traceten ("Traceten", "we", "us"). By creating an account or installing the Traceten tracking snippet, you agree to these Terms. If you are entering into these Terms on behalf of a company, you represent that you have authority to bind that company.

1. The Service

Traceten detects AI-referred web traffic, classifies it by source and confidence, and attributes it to revenue events from connected billing platforms. The Service includes the tracking snippet, edge ingestion, classification engine, dashboards, APIs, SDKs, and documentation.

2. Your account

• You must provide accurate registration information and keep it current.
• You are responsible for activity under your account, including all actions taken with your API keys.
• You must protect your credentials. If you suspect unauthorized access, notify us at legal@traceten.com immediately.

3. Acceptable use

You will not, and will not allow any third party to:

• Install the snippet on any website without the right to do so, or in violation of applicable law (including privacy and consent laws).
• Use the Service to collect personally identifiable information beyond what Traceten itself collects by default, unless you have obtained appropriate consent and have configured the Service for that purpose.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent that applicable law expressly permits.
• Use the Service to send spam, run denial-of-service attacks, or interfere with the integrity of the Service.
• Resell, sublicense, or white-label the Service without a separate written agreement with us.
• Exceed the request volume of your subscription plan in a manner that materially degrades the Service for other customers.

4. Customer data and privacy

Our collection, use, and protection of data is described in the Privacy Policy. Where you process the personal data of EU, UK, or Swiss residents through the Service, the Data Processing Agreement applies. You are responsible for obtaining the consent or other lawful basis required to process visitor data through the Service in your jurisdiction.

5. Fees and billing

• Fees, plans, and billing intervals are described on our pricing page or in your order form. Subscriptions renew automatically until cancelled.
• Fees are exclusive of taxes. You are responsible for any sales, use, VAT, GST, or similar taxes, except taxes on our net income.
• We may change pricing for new subscription terms with at least 30 days' notice. The price you pay during a current billing term will not change.

6. Service level commitment

We target a monthly uptime of 99.5% for the event ingestion endpoint and the customer dashboard. Scheduled maintenance announced at least 48 hours in advance, and downtime caused by factors outside our reasonable control (force majeure, third-party provider outages, customer-misconfigured DNS), are excluded from this commitment.

If we fall short of 99.5% in a calendar month, contact legal@traceten.com within 30 days of the end of that month and we will issue a service credit equal to 10% of that month's fees, capped at one month of fees per incident. Service credits are your sole and exclusive remedy for downtime.

7. Intellectual property

The Service, including all software, documentation, and aggregated non-identifying analytics, is owned by Traceten and its licensors. We grant you a non-exclusive, non-transferable license to use the Service during your subscription term. You retain ownership of the data you submit to the Service ("Customer Data"). You grant us a limited license to process Customer Data for the purpose of providing the Service.

8. Confidentiality

Each party will protect the other's non-public information disclosed in connection with the Service with the same care it uses for its own confidential information, and at least with reasonable care. This obligation survives termination of these Terms.

9. Term and termination

• You may cancel your subscription at any time through the dashboard or by email to legal@traceten.com.
• We may suspend or terminate your access for material breach of these Terms after notice and a 14-day cure period, except for breaches of Section 3 (Acceptable Use) or non-payment, which we may act on immediately.
• On termination, we will delete or return Customer Data within 30 days, as described in the Data Processing Agreement.

10. Disclaimers

The Service is provided "as is". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. AI-traffic classifications carry confidence scores and are not guaranteed to be correct in any individual case; you should not rely on a single classification for decisions with material legal or financial consequences without further verification.

11. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility. Each party's total aggregate liability under these Terms is capped at the fees you paid us in the twelve months preceding the event giving rise to the claim. Nothing in this section limits liability for fraud, gross negligence, or willful misconduct.

12. Indemnification

You will defend, indemnify, and hold us harmless from any third-party claim arising from (a) your breach of Section 3 (Acceptable Use), (b) your installation of the snippet on websites you do not have the right to instrument, or (c) your failure to obtain consent required by applicable privacy law. We will defend, indemnify, and hold you harmless from any third-party claim that the Service, as provided by us and used in accordance with these Terms, infringes a third party's intellectual property rights.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflicts-of-law principles. The parties submit to the exclusive jurisdiction of the state and federal courts located in Wilmington, Delaware for any dispute that cannot be resolved informally, except either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Before filing any claim, the parties will attempt in good faith to resolve the dispute through written notice and a 30-day discussion period.

14. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced to customers by email at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

15. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy and (where applicable) the Data Processing Agreement, constitute the entire agreement between you and us regarding the Service.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of substantially all our assets.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

16. Contact

Questions about these Terms: legal@traceten.com
Traceten, [address]