The rules around the record.

When effective, these Terms of Use (the “Terms”) will form an agreement between you and Vex Technologies Inc., a corporation formed in New York, United States (“Vex,” “we,” “us,” or “our”). They govern the Trace iPhone application, the Trace product pages and legal or support materials hosted on the Vex-branded website, and any related Trace service that links to them (together, the “Services”). They do not govern unrelated Vex products or passive use of general Vex company pages.

When these Terms become effective, you accept them only through an affirmative acceptance control presented with conspicuous links to these Terms and the Privacy Policy. Acceptance acknowledges that the Privacy Policy was presented as a notice; it is not blanket consent to a purpose that legally requires a separate opt-in. The Safety Policy and Community Guidelines (not yet public) are incorporated where they apply. Passive browsing of the informational website alone does not create assent. If you do not agree, do not use the app or a feature that requires acceptance.

Legal operator

Vex Technologies Inc.

Formation

New York, United States

Physical notice address

Pending public legal-notice address

Legal contact

support@builtbyvex.com

You must be at least 18 years old and able to enter a binding contract to create an account or use the Services. Trace does not offer a parental-consent or minor-account path at launch and is not directed to children.

If you operate a motor vehicle while Trace is installed or recording, you must hold whatever license, learner permit, insurance, registration, and permission your law requires. You may not use the Services if you are barred from receiving them under applicable sanctions or export-control laws.

Trace records and organizes drives, routes, measurements, vehicle configurations, maintenance context, modifications, media, and selected sharing artifacts. The free core is designed to work on the device without an account or network connection.

A drive may be started manually or detected with background location and motion signals, subject to permissions and iOS execution limits. Current account UI offers Sign in with Apple and Google. When a person is signed in, has a writable account namespace, and has an eligible Trace Pro entitlement, the audited source can automatically synchronize eligible records through Supabase; no separate hosted-sync switch is mounted.

Friends and Leaderboards appear in the audited application shell, including a readable friends feed with user captions. Direct messages and public vehicle-card presentation are not mounted. The automatic hosted-write path and user-generated-content feed are release gates: sync needs an affirmative, purpose-specific disclosure before the first upload, and the feed must remain disabled until item-level reporting, filtering, blocking, moderation, appeals, and deletion are verified.

If you choose an account feature, you must provide accurate information, protect the sign-in method connected to the account, and promptly tell Trace about suspected unauthorized use. You are responsible for activity performed through your account unless applicable law provides otherwise.

Trace may reject, reset, or reassign a handle to prevent impersonation, confusion, infringement, or abuse. Do not sell, transfer, share, or create accounts through automated means. Account creation may remain disabled until production deletion, moderation, support, and hosted-service gates are verified.

Do not create, control, or use another account to evade a suspension, termination, block, safety restriction, moderation action, or other enforcement measure.

• Operate the phone only when safely and lawfully parked.
• Obey traffic, licensing, phone-use, track, property, and vehicle laws.
• Never use Trace to race, set speed records, or compete on public roads.
• Secure the device so it cannot become a distraction or projectile.
• Do not treat a Track Mode boundary or acknowledgement as proof that a place, event, vehicle, or maneuver is safe or legal.

The Safety Policy contains the complete responsible-use rules. All driving decisions remain yours, and a displayed measurement, record, or comparison is never an instruction to accelerate, continue, or take a risk.

You may not use, or help another person use, the Services to:

• break a law, facilitate dangerous driving, evade law enforcement, or interfere with an investigation;
• harass, threaten, stalk, exploit, dox, defraud, impersonate, or invade another person’s privacy;
• upload unlawful, infringing, malicious, deceptive, or unauthorized content;
• access another account, route, message, vehicle, or private service without permission;
• bypass permissions, rate limits, safety gates, entitlements, blocks, reports, redaction, or public-projection controls;
• interfere with, probe, overload, scrape, or automate the Services except through an expressly authorized interface;
• reverse engineer or derive source code except to the limited extent applicable law does not allow that restriction; or
• resell, sublicense, or commercially exploit the Services or another person’s data without written permission.

“User Content” includes information and media you enter, upload, generate, send, or publish through Trace, such as vehicle details, photos, build notes, routes, share cards, profile fields, messages, and reports. You are responsible for User Content and must have the rights and permissions needed to provide or share it.

For hosted or public features, you grant the legal operator a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, format, and display that content only as reasonably needed to provide, secure, maintain, and improve the feature you chose, enforce these Terms, and comply with law. The license ends when the content is deleted from active systems, subject to lawful retention, time-limited backups, technical caches, and copies other people already saved.

Trace does not currently sell personal information or use identified User Content to train a general-purpose AI model. A materially different use would require an updated policy and any consent required by law.

If enabled, profiles, friends, feed posts and captions, reports, leaderboards, public cards, messages, route-activity views, and boards are governed by the Community Guidelines (not yet public). The audited application currently mounts a readable friends feed and leaderboard participation, but it does not expose an item-level report control on every visible feed item. Those surfaces must remain disabled for public release until required reporting, filtering, blocking, moderation, appeals, retention, and support operations are verified.

Vex may review, restrict, hide, preserve, or remove content and may warn, suspend, or terminate an account when reasonably necessary to enforce rules, protect people, secure the Services, or comply with law. Blocking or deleting content can stop new access through Trace but cannot recall screenshots, exports, recipient copies, or a public preview already cached by someone else.

The Privacy Policy explains what Trace processes locally, what can leave the device, why it is used, who can receive it, how long it remains, and the controls available to you. By using a permission- or account-dependent feature, you direct the processing necessary to provide that feature, subject to the choices and legal bases described there.

Location, route, distance, speed, elevation, timing, motion, weather, vehicle, and derived figures can be incomplete, delayed, inaccurate, unavailable, or affected by the device, mount, permissions, environment, network, provider, and processing rules. Trace may withhold a metric when confidence is insufficient.

Do not use Trace data for emergency response, navigation, collision avoidance, vehicle control, official timing, legal compliance, court evidence, insurance rating, employment monitoring, fleet compliance, or any purpose that requires a calibrated or legally certified system.

Trace Pro may be offered through auto-renewing in-app subscriptions. The purchase screen will state the product, period, localized price, included capabilities, trial or introductory terms, and other required details before confirmation. Payment is charged to your Apple Account when you confirm the purchase.

Current pre-release paywall phrases such as “Advanced Analytics,” complete “Cloud Sync & Backup,” settings coverage, and “Early Access” are not approved benefits. They must be narrowed to capabilities proven in the release build before a sale.

• A subscription renews automatically unless you cancel through Apple at least 24 hours before the current period ends, subject to Apple’s rules.
• You can manage or cancel through your App Store subscription settings. Deleting Trace or a Trace account does not cancel Apple billing.
• Refunds, taxes, price changes, billing history, and family-sharing availability are governed by Apple and applicable law.
• Trace grants paid access only from verified StoreKit entitlement state. Screenshots or receipts sent to support do not by themselves create access.
• Expiration, cancellation, or revocation must not delete free local drives, the first vehicle, base share cards, exports, or privacy controls.

If Trace offers referral or promotional access, the specific offer will state eligibility, duration, limits, and any interaction with a paid subscription. Codes and rewards are personal, non-transferable, not redeemable for cash, and may be withheld or revoked for fraud, manipulation, ineligible activity, technical error, or violation of these Terms, subject to applicable law.

The Services can interoperate with Apple system frameworks and services, Sign in with Apple, Google OAuth, StoreKit, Supabase, mapping or geocoding services, sharing destinations, and a future public host. Third parties have their own terms and privacy practices. Trace is not responsible for a third party’s independent acts, content, availability, or policies, but this does not limit responsibility that law places on Trace for selecting and directing a service provider.

Except for User Content, Vex or its licensors own the software, designs, text, graphics, logos, interfaces, and other materials in the Services. Vex permits you to use the Services personally for their intended purpose on devices you own or control. This permission is non-exclusive and revocable, cannot be transferred or sublicensed, and does not convey an ownership interest.

Vehicle names, marks, and third-party media belong to their respective owners. Unless expressly stated, Trace is not affiliated with or endorsed by a vehicle manufacturer, track, mapping provider, or parts company.

If you voluntarily provide suggestions about Trace, you grant the legal operator a perpetual, worldwide, royalty-free right to use that feedback without an obligation to compensate you. This does not transfer ownership of your private drive records or other User Content.

You may stop using the Services at any time. If account deletion is available, you may initiate it through the app or the process described on the Account & Data Deletion page (not yet public). Uninstalling the app does not cancel an Apple subscription and may not remove provider-controlled or backup records.

Trace may suspend or terminate an account or feature for a material breach, unsafe or unlawful use, fraud, security risk, abuse, repeated infringement, harm to another person, legal requirement, or discontinuation of a service. When practical and safe, Trace will provide notice and an opportunity to export eligible data or appeal. No notice is promised where immediate action is reasonably needed to protect people, evidence, accounts, or systems.

Sections concerning ownership, content already shared, disclaimers, risk, liability, indemnity, disputes, and any provision that by its nature should continue will survive termination.

Suspension or termination does not itself cancel an Apple subscription. Refunds and treatment of prepaid access remain subject to Apple’s rules, the applicable offer, and non-waivable law. An approved account-deletion request should continue through the verified deletion process despite an access termination. Trace-hosted public content may be removed; copies already saved by another person may remain.

Trace may change the Services or these Terms. For a material Terms change, Trace will update the date and version and provide reasonable notice through the app, website, email, or another appropriate channel. The app’s policy-version gate is designed to require renewed acceptance when a material version changes. Changes do not apply retroactively where law prohibits it.

TO THE FULLEST EXTENT ALLOWED BY LAW, TRACE AND THE SERVICES COME WITH ALL FAULTS ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE TRACE PARTIES MAKE NO EXPRESS, IMPLIED, OR STATUTORY WARRANTY, INCLUDING A WARRANTY CONCERNING TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, MERCHANTABILITY, OR SUITABILITY FOR A SPECIFIC PURPOSE.

Trace does not promise that a feature will always be available, uninterrupted, secure, compatible, error-free, complete, or accurate; that every drive will be detected or recovered; that data will never be lost; or that a defect will be fixed. Some jurisdictions do not allow certain disclaimers, so this Section applies only to the extent permitted and does not remove non-waivable consumer rights.

TRACE IS NOT A NAVIGATION, COLLISION-AVOIDANCE, DRIVER-ASSISTANCE, SPEED-MANAGEMENT, EMERGENCY, FLEET-COMPLIANCE, INSURANCE-TELEMATICS, VEHICLE-CONTROL, INSPECTION, REPAIR-CERTIFICATION, OR MEDICAL SYSTEM.

Trace does not make driving decisions, control a vehicle, guarantee warnings, certify road legality, inspect a modification, diagnose a defect, or replace a qualified technician, track official, insurer, attorney, emergency service, or public authority. Do not delay emergency or professional help because of anything shown—or not shown—by Trace.

To the extent permitted by law, you acknowledge that operating, maintaining, and modifying a vehicle can result in death, injury, property damage, citations, criminal or civil consequences, insurance disputes, and other loss. You remain solely responsible for choosing whether, when, where, and how to drive or modify a vehicle.

Your use of Trace does not shift those decisions to the Trace Parties. This Section does not waive liability that cannot lawfully be waived, including liability that a jurisdiction imposes for fraud, gross negligence, willful misconduct, death, or personal injury.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TRACE PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, USE, OPPORTUNITY, OR DATA, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED THAT SUCH LOSS COULD OCCUR.

WHERE LAW PERMITS THIS LIMIT, THE AGGREGATE LIABILITY OF THE TRACE PARTIES FOR EVERY CLAIM CONNECTED WITH THE SERVICES OR THESE TERMS IS CAPPED AT THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID DIRECTLY FOR TRACE SERVICES IN THE TWELVE MONTHS IMMEDIATELY BEFORE THE OCCURRENCE ON WHICH THE CLAIM IS BASED.

“Trace Parties” means Vex Technologies Inc. and its affiliates, officers, directors, members, employees, contractors, agents, licensors, and successors. These limitations do not apply where prohibited and do not limit remedies that applicable consumer law makes non-waivable.

Where applicable law permits, you will indemnify and defend the Trace Parties against a third-party claim, loss, judgment, penalty, liability, cost, or reasonable legal fee that results from: your unlawful or unsafe use of the Services; your material breach of these Terms, the Safety Policy, or Community Guidelines; your User Content; or your infringement or violation of another person’s rights. This clause does not cover vehicle operation or modification merely because Trace was installed; the claim must result from your unlawful misuse, breach, or infringing content.

Trace may control the defense of a covered claim at its expense, and you agree to reasonably cooperate. You may not settle a covered claim in a way that admits fault or imposes an obligation on a Trace Party without written consent. This Section does not require a consumer to indemnify a Trace Party for that party’s own negligence, unlawful conduct, or non-waivable liability.

PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE EXCEPTIONS BELOW, IT REQUIRES DISPUTES BETWEEN A UNITED STATES USER AND VEX TO BE RESOLVED BY FINAL, BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. ARBITRATION DOES NOT USE A JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU MAY REJECT THIS ENTIRE SECTION BY FOLLOWING THE 30-DAY OPT-OUT PROCESS BELOW.

Where this Section applies

This Section applies only if your primary residence is in the United States. A “Dispute” means any controversy or claim involving you and Vex, or its officers, directors, employees, agents, successors, or assigns, that concerns these Terms, the Services, or the parties’ relationship after your first acceptance of this Section, regardless of the legal theory asserted.

Informal resolution first

Before commencing arbitration, the claimant must send a written Notice of Dispute containing the claimant’s name and contact information, the account email or Trace Legal ID associated with the acceptance record if available, a reasonable description of the facts, and the relief requested. Do not include unnecessary precise location, route, payment-card, password, or other sensitive information. Send a notice to support@builtbyvex.com with “Notice of Dispute” in the subject line. The parties will try in good faith to resolve the matter for 30 days after receipt. Applicable filing deadlines are tolled during this period to the extent the law permits.

Binding individual arbitration

If the Dispute remains unresolved, the American Arbitration Association will administer a final and binding arbitration under its Consumer Arbitration Rules and, when applicable, its Mass Arbitration Supplementary Rules in effect when filing requirements are met. The Federal Arbitration Act governs this Section. One neutral arbitrator may award any individual remedy available in court, including fees and costs where applicable law authorizes them. Judgment on an award may be entered in any court with jurisdiction.

Except for whether an arbitration agreement was formed, whether a timely opt-out was made, the enforceability of the class and representative-action waiver, and a question federal law requires a court to decide, the arbitrator will decide disputes concerning the interpretation, scope, applicability, or enforceability of this Section.

Fees and hearing location

You will pay no more than the consumer filing fee required by the applicable AAA fee schedule and may request any available hardship waiver. Vex will pay the administrative fees and arbitrator compensation allocated to a business under the AAA rules. If your consumer filing fee would exceed the fee for a comparable local-court claim, Vex will pay the difference upon request. Each party ordinarily pays its own attorneys and witnesses except where applicable law or an award provides otherwise.

Proceedings will use documents, telephone, or video when the AAA rules provide. If an in-person hearing is required, it will take place in the county or equivalent judicial district where you primarily reside unless the parties agree otherwise or the arbitrator determines another reasonably convenient location under the AAA rules.

Exceptions

Either party may bring an eligible individual claim in small-claims court. Either party may seek temporary or equitable relief in court to prevent actual or threatened infringement or misuse of intellectual property, report a matter to a governmental agency where permitted, or seek public injunctive relief in court where the law does not permit its waiver or arbitration. Nothing in this Section prevents an election available under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, 9 U.S.C. §§ 401–402, or another non-waivable statutory forum or remedy.

If AAA declines or ceases administration because Vex failed to pay a required fee, maintain its clause registration, or comply with the Consumer Due Process Protocol, you may bring the Dispute in an appropriate court and Vex will not require another arbitration provider.

Thirty-day opt-out

You may reject this entire Section, including arbitration and the class, representative, consolidation, and jury waivers, by emailing support@builtbyvex.com within 30 days after first accepting it. Use the subject “Arbitration Opt-Out,” include your full name and the account email or Trace Legal ID associated with acceptance, and clearly state that you reject the arbitration agreement. A typed name is sufficient and no explanation is required. Vex will acknowledge receipt. Opting out will not affect access to the Services or any other part of these Terms.

Class, representative, consolidation, and jury waiver

TO THE EXTENT THE LAW ALLOWS, YOU AND VEX EACH WAIVE A JURY TRIAL AND AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR PRIVATE ATTORNEY GENERAL ACTION. AN ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING IT.

Administrative coordination under AAA’s Mass Arbitration Supplementary Rules does not create a class or representative arbitration; each claimant’s merits and remedy remain individual. If a court finds this waiver unenforceable for a particular claim or remedy, only that claim or remedy will proceed in court while the remaining arbitrable matters continue individually.

Changes to this Section

A material change to this Section requires conspicuous notice, renewed affirmative acceptance, and a new 30-day opt-out opportunity. A change will not apply to a Dispute that accrued or for which notice was provided before the change was accepted.

New York law controls these Terms and every Dispute, excluding that jurisdiction’s conflict-of-laws principles. The Federal Arbitration Act controls Section 23.

For a proceeding properly permitted in court, you and Vex consent to exclusive jurisdiction and venue in state courts located in Nassau County, New York or, if federal subject-matter jurisdiction exists, the United States District Court for the Eastern District of New York.

This selection does not override the small-claims and other exceptions in Section 23, a protection that applicable consumer law makes non-waivable, or a non-U.S. consumer’s right under mandatory law to rely on the law or courts of their habitual residence.

If you obtained Trace through Apple’s App Store, your license to the iOS application is governed by Apple’s Standard End User License Agreement. Vex has not provided a custom EULA.

These Terms supplement the Standard EULA by governing Trace accounts, subscriptions, content, community features, support, safety rules, and other Services to the extent they do not conflict with it. If these Terms conflict with the Standard EULA, the Standard EULA controls for the application license and a matter it expressly governs. Nothing here changes your rights or obligations with Apple or makes Apple responsible for Trace beyond what the Standard EULA provides.

• Entire agreement. These Terms and the incorporated policies are the complete agreement about the Services, except for offer-specific terms presented at purchase and Apple’s Standard EULA for the iOS app license.
• Severability. An invalid provision will be enforced to the lawful maximum or severed without invalidating the rest.
• No waiver. A delay in enforcement is not a waiver.
• Assignment. You may not transfer these Terms without written consent. Vex may assign them with a merger, financing, reorganization, or sale, subject to required notice and law.
• Force majeure. Vex is not responsible for delay caused by events beyond reasonable control, while obligations that cannot legally be excused remain.
• Relationship. These Terms do not create employment, agency, partnership, joint venture, or fiduciary duties.
• Notices. Vex may provide operational or legal notice through the Services, the website, or an email associated with your account, subject to applicable law. Send notices to the destinations listed below and follow the specific process in Section 23 for a dispute or arbitration opt-out.
• Headings. Section titles are for convenience and do not change the meaning of these Terms.

Terms questions and legal email

support@builtbyvex.com

Arbitration opt-out

support@builtbyvex.com

Physical legal notices

Pending public legal-notice address