Terms of Use

1. Agreement and eligibility

These Terms of Use (“Terms”) are a legal agreement between you and AppEcho Labs LLC (“AppEcho,” “Trace,” “we,” “us,” or “our”). They govern the Trace mobile application, trackwithtrace.com, and related services (collectively, the “Services”).

By creating an account, purchasing a subscription, or accessing or using the Services, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Services.

You must be at least 18 years old, legally capable of entering a contract, and using Trace for your own personal health tracking. The Services are intended for consumers, not for use by health care providers on behalf of patients or for regulated clinical recordkeeping unless we enter a separate written agreement.

2. Medical and emergency disclaimer

Insights, correlations, summaries, and reports are generated from the information available to Trace and may be incomplete, delayed, inaccurate, or misleading. An association does not show that one factor caused, prevented, or treated a symptom. Never disregard, delay, or change professional medical advice, medication, treatment, or care based on Trace.

Trace does not monitor your health or contact emergency services. If you believe you may have a medical emergency, call 911 or your local emergency number immediately. Seek prompt professional care for new, severe, worsening, or concerning symptoms.

3. Accounts

You agree to provide accurate information, keep your sign-in method and device secure, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account to the extent permitted by law. You may not share, sell, or transfer an account or impersonate another person.

Some features may allow an anonymous or trial account. If you delete the app, lose the device, clear local data, or do not link that account to a supported sign-in method, information or access may be unrecoverable.

4. License and acceptable use

Subject to these Terms, AppEcho grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for lawful, personal, noncommercial purposes. The Trace app is licensed, not sold.

You may not, and may not help another person to:

• use the Services unlawfully or to violate another person’s rights;
• copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except where law does not permit this restriction;
• bypass security, access controls, usage limits, or subscription restrictions;
• introduce malware, scrape data, interfere with operation, or access the Services through unauthorized automated means;
• test for vulnerabilities or access accounts or data without written authorization; or
• use Trace to develop, train, benchmark, or improve a competing product or model without our written permission.

5. Your content

As between you and AppEcho, you retain ownership of the information, notes, and other content you submit to Trace (“User Content”). You grant AppEcho a limited, worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, format, transmit, and display User Content only as needed to operate, secure, support, and provide the Services; comply with your directions; and meet legal obligations. This license ends when the content is deleted from our active systems, except for lawful retention and backup periods.

You are responsible for your User Content and represent that you have the rights needed to provide it. Do not enter another person’s sensitive or health information without lawful authorization. Trace is not designed to store clinical records on behalf of a covered entity or other third party.

6. Apple Health, weather, and external services

Apple Health and automatic weather are optional. You control Apple Health permissions through Apple’s system settings. Trace uses supported Apple Health data on a read-only basis and does not write to Apple Health. Revoking access may stop future imports but does not automatically delete data already stored in Trace. Deleting Trace data does not delete the source data in Apple Health.

Weather, HealthKit, app-store, sign-in, sharing, and other third-party services may be unavailable, delayed, incomplete, or subject to their own terms. AppEcho does not control and is not responsible for third-party services. You must comply with applicable third-party terms, including wireless-data and app-store terms.

You decide whether and with whom to share a Trace export or report. Review it before sharing. Once shared, AppEcho cannot control the recipient’s use, security, or further disclosure.

7. Subscriptions, trials, billing, and cancellation

Trace may offer free and paid features, including automatically renewing subscriptions. The price, billing period, trial terms, and included features shown at the time of purchase are part of these Terms. Taxes and currency conversion may apply.

Purchases, billing, cancellations, and refunds are processed by the applicable app store. You can manage or cancel in your app-store subscription settings. Cancellation takes effect at the end of the current paid period unless the store states otherwise. Payments are nonrefundable except as required by law or the store’s rules.

A free trial converts to a paid subscription unless canceled before the trial ends. Eligibility is determined by the app store and may be limited. We may change prices or paid features prospectively with notice required by law or app-store rules; changes do not retroactively alter a completed billing period.

8. Our ownership and feedback

The Services, including software, design, text, graphics, trademarks, logos, and other materials other than User Content, are owned by AppEcho or its licensors and protected by intellectual-property laws. No rights are granted except the limited license stated in these Terms.

If you provide ideas or feedback, you grant AppEcho a perpetual, worldwide, irrevocable, royalty-free right to use and incorporate it without restriction or compensation, provided we do not publicly identify you without permission.

9. Privacy

Our Privacy Policy and Consumer Health Data Privacy Policy explain how we handle information. By using optional features and providing health information, you direct us to process that information to provide the Services you request, subject to your choices and applicable law.

10. Suspension and termination

You may stop using Trace at any time and may delete your account in the app. We may suspend or terminate access if you materially violate these Terms, create risk or legal exposure, misuse the Services, fail to pay, or if needed to protect users or systems. Where reasonable, we will provide notice and an opportunity to cure.

We may modify, discontinue, or limit all or part of the Services. If we permanently discontinue a paid feature before the end of a prepaid period, we will provide any remedy required by applicable law or app-store rules. Sections that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, and dispute terms—will survive.

11. Warranty disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. APPECHO DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services, insights, reports, reminders, imports, synchronization, or notifications will be uninterrupted, error-free, complete, timely, secure, or suitable for a medical purpose. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPECHO AND ITS MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, REVENUE, GOODWILL, OR BUSINESS; PERSONAL INJURY ARISING FROM RELIANCE ON NON-MEDICAL INFORMATION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF APPECHO AND THE OTHER RELEASED PARTIES FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID APPECHO FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$50.

These limits apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot lawfully be excluded, including rights available under applicable consumer-protection law.

13. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless AppEcho and its members, officers, employees, contractors, affiliates, and licensors from third-party claims, damages, losses, liabilities, and reasonable costs (including attorneys’ fees) arising from your unlawful use of the Services, your User Content, or your material violation of these Terms or another person’s rights. We may control the defense and settlement of a covered claim, and you agree to cooperate. This section does not require you to indemnify a party for its own unlawful conduct.

14. Dispute resolution and individual arbitration

Informal resolution first

Before filing a claim, you and AppEcho agree to send a written notice describing the dispute and requested relief and to try in good faith to resolve it for 60 days. Send notice to support@trackwithtrace.com with “Legal Dispute” in the subject. AppEcho will send notice to the email associated with your account. Any limitations period is tolled during this 60-day process.

Binding individual arbitration

If unresolved, either party may require final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The Federal Arbitration Act governs this arbitration agreement. Arbitration may occur by video, telephone, documents, or in person in a reasonably convenient location. Fees will be allocated under AAA rules, and AppEcho will pay fees it is required to pay for this provision to be enforceable. The arbitrator may award the same individual remedies a court could award and must apply these Terms.

Exceptions

Either party may bring an individual claim in small-claims court. A party may seek temporary or injunctive relief in court to prevent unauthorized access, misuse, or infringement of intellectual property while arbitration is pending. Nothing prevents you from reporting a concern to a government agency.

No class proceedings

YOU AND APPECHO AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT COMBINE CLAIMS OR PRESIDE OVER SUCH A PROCEEDING WITHOUT BOTH PARTIES’ WRITTEN CONSENT.

If a final decision finds this class-action waiver unenforceable for a particular claim or requested remedy, only that claim or remedy will proceed in court after all arbitrable claims are resolved.

Thirty-day opt out

You may opt out of arbitration by emailing support@trackwithtrace.com within 30 days after first accepting these Terms. Include your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect other Terms.

Governing law and courts

Virginia law governs these Terms, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration. For a claim not subject to arbitration, you and AppEcho consent to the exclusive jurisdiction of the state and federal courts serving Alexandria, Virginia, unless applicable law gives you a right to proceed elsewhere.

15. Additional Apple App Store terms

If you obtained Trace through Apple’s App Store, the following also applies:

• These Terms are between you and AppEcho, not Apple. AppEcho, not Apple, is solely responsible for Trace and its content.
• Your license is limited to a non-transferable license to use Trace on Apple-branded products you own or control as permitted by the Apple Media Services Usage Rules, including applicable Family Sharing or volume-purchase rules.
• AppEcho is responsible for maintenance and support. Apple has no obligation to provide maintenance or support.
• If Trace fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation. AppEcho is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty.
• AppEcho, not Apple, is responsible for addressing claims relating to Trace or your possession and use of it, including product-liability, legal or regulatory, consumer-protection, privacy, and HealthKit claims.
• AppEcho, not Apple, is responsible for investigating, defending, settling, and discharging intellectual-property infringement claims relating to Trace.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism and are not listed on a U.S. Government restricted-party list.
• You must comply with applicable third-party terms when using Trace.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon your acceptance.

16. Changes to the Services or Terms

We may update these Terms to reflect changes in Trace, law, security, or business practices. We will post revised Terms with a new effective date and provide additional notice of material changes where required. Changes apply prospectively. If you do not agree to revised Terms, stop using the Services and cancel any subscription.

17. General terms

These Terms and the policies they incorporate are the entire agreement regarding the Services and supersede prior agreements on that subject. If a provision is unenforceable, it will be modified to the minimum extent necessary and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, reorganization, financing, sale of assets, or by operation of law. AppEcho is not liable for delay or failure caused by events beyond its reasonable control. Headings are for convenience only. Electronic communications and records satisfy legal writing requirements.

18. Contact us