The terms for using Trace.

These Terms of Use (“Terms”) are a binding agreement between you and Vex Technologies Inc. (“Vex,” “we,” “us”) that governs your access to and use of Trace and related services. By creating an account, accepting the policy set in the app, or using Trace, you agree to these Terms, the Privacy Policy, and the Safety Policy, including its community standards. Those policies are part of these Terms.

New and existing members, including TestFlight participants, must accept this policy version and confirm they are 18 or older before continuing to use account features. Account management, export and deletion remain available without accepting the updated terms.

If you do not agree, do not create an account or use Trace. You must be at least 18 years old and legally able to enter this agreement. Trace is offered for personal, lawful use in the United States unless Vex expressly makes it available elsewhere.

You agree that accepting these Terms in the app is your electronic signature, and that we may provide agreements, notices, and other communications electronically, in the app, on our website, or by email. Electronic communications satisfy any legal requirement that a communication be in writing.

Trace can record and organize drives, vehicle history, Garage details, selected media, derived statistics, maps, directions, camera alerts, live drives, social connections, clubs, leaderboards, and share artifacts. Features may depend on your iPhone, permissions, network, Apple, Google or email account, third-party services, vehicle environment, location signal, or subscription status.

Directions, route previews, arrival times, maps, and camera alerts are conveniences. They can be wrong, incomplete, delayed, or out of date, and they do not replace road signs, traffic laws, current conditions, or your own judgment. Trace is not emergency response, driver assistance, collision avoidance, official timing, certified telemetry, vehicle diagnostics, insurance evidence, legal evidence, or a substitute for professional advice. Measurements are estimates and may be inaccurate, incomplete, delayed, duplicated, or unavailable.

You must sign in with a supported method: Sign in with Apple, Google, or an email address and password whose address you have confirmed with the code we send. Provide accurate information, keep your email address current and reachable, choose a password you don't use elsewhere, protect access to your device, email account and sign-in provider, and promptly tell us about suspected unauthorized use. You are responsible for activity performed through your account unless applicable law provides otherwise.

You may not impersonate another person, transfer or sell an account, evade a block or suspension, scrape the service, probe security, interfere with service operation, reverse engineer except where law permits, or use Trace to violate law or another person's rights.

You are solely responsible for operating your vehicle safely and lawfully. Obey speed limits, traffic signals, track rules, device-mounting requirements, and distracted-driving laws. Do not hold, view, configure, edit, or share through Trace while driving. A passenger may interact only when doing so is safe and lawful.

Do not use Trace to race, time, challenge, or pursue speed records on a public road or any place open to ordinary public traffic. Performance and leaderboard features are intended only for lawful review or for closed courses, sanctioned facilities, and private property where the activity and device use are permitted.

Do not let live drives, directions, or alerts take your attention from the road. Do not use live drives to follow, intercept, or track another driver, or to arrange a meetup in an unsafe or unlawful place. Laws about camera and enforcement alerts differ by place; you are responsible for knowing the laws where you drive and turning alerts off where they are not allowed. The Safety Policy is part of these Terms.

You retain ownership of content you submit, including photos, vehicle details, notes, profile material, and share designs. You grant Vex a worldwide, non-exclusive, royalty-free license to host, copy, process, format, display, and transmit that content only as reasonably needed to provide, secure, moderate, and improve the features you choose and to comply with law. This license ends when the content is deleted from active systems, except for lawful retention, backups, and copies made outside Trace.

Detailed drive records and raw routes remain private unless you choose a route or artifact share. When profile and Stats visibility allow it, accepted friends may nevertheless receive limited activity facts for eligible completed drives. A new Garage build can begin with Public selected; review that setting before saving because Public can create or update the build's revocable public card.

Live drive sharing is off until you turn it on. When it is on, the friends and clubs you choose can see your real-time position, speed and direction, a short trail, your vehicle, and, while you navigate, your route ahead and arrival time. Club members may not be your friends. Share only with people you trust and turn sharing off whenever you want. Live positions can be delayed or inaccurate, and Vex is not responsible for what recipients do with what they see.

You represent that you have the rights and permissions needed for what you upload or publish. Do not expose another person's private information, license plate, precise location, image, or vehicle details without permission. Sharing is deliberate, but recipients can copy, screenshot, download, or redistribute an artifact outside Trace. Vex cannot recall those external copies.

Profiles, friends, clubs, live drives, leaderboards, Territory, reports, vehicle cards, route shares, and other community features are governed by the community standards in the Safety Policy. Do not harass, threaten, discriminate, dox, defraud, spam, manipulate metrics, encourage dangerous public-road conduct, or publish unlawful or infringing content.

We do not have to monitor content, but we may review it. We may investigate reports, limit visibility, remove content, revoke links, restrict features, suspend, or terminate an account where reasonably necessary to enforce these Terms, protect people or the service, or comply with law. We may preserve relevant evidence where lawful.

We respond to notices of claimed copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe content in Trace infringes your copyright, email our copyright agent at support@builtbyvex.com with the subject “Copyright notice” and include: (1) your physical or electronic signature; (2) the copyrighted work you claim is infringed; (3) the material you claim is infringing and information reasonably sufficient for us to find it, such as a link or username; (4) your contact information; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorized to act on the owner's behalf.

If your content was removed and you believe that was a mistake or misidentification, you may send a counter-notice to the same address with the information required by 17 U.S.C. § 512(g)(3). We may restore the material unless the person who complained tells us they have filed an action seeking a court order. In appropriate circumstances we terminate the accounts of people who repeatedly infringe. Knowingly misrepresenting that material is infringing, or that it was removed by mistake, can make you liable for damages.

If Trace Pro is offered and you subscribe, the in-app purchase sheet displays the available duration, price, billing period, renewal terms, and any trial before you confirm. Payment is charged to your Apple ID through the App Store. Subscriptions automatically renew unless canceled at least 24 hours before the current period ends, subject to Apple's terms and the offer shown at purchase.

Manage or cancel through Apple Subscriptions. Deleting Trace or your Trace account does not cancel an Apple subscription. Refund requests are handled under Apple's rules. A lapse, refund, chargeback, expiration, or revocation may remove Pro access, but it does not authorize Vex to delete your private core account records.

Free and Pro capabilities may evolve. The app will identify the current paid boundary before purchase, and unavailable products will not be offered for purchase.

When Trace offers TestFlight builds, or features identified as beta, test, or early access, they may be incomplete, contain errors, lose data, or change or end without notice. They are provided for evaluation and, like the rest of Trace, as is. Keep your own copy of anything you cannot afford to lose. Telling us about problems is welcome but optional.

Trace uses services such as Apple, Google, Supabase, Mapbox, Mixpanel when opted in, Superwall when configured, NHTSA vPIC, Netlify, and Resend. Their availability and independent practices may affect a feature. Your use of their services may also be governed by their terms.

On Apple devices, Apple's Standard Licensed Application End User License Agreement applies to the licensed app in addition to these Terms. Apple is not responsible for Trace maintenance or support and is a third-party beneficiary of the applicable license terms.

If you send ideas, suggestions, or other feedback about Trace, we may use them without restriction and without obligation or payment to you. Feedback does not include your content or personal information, which remain governed by these Terms and the Privacy Policy.

We may update, add, limit, suspend, or discontinue a feature for security, legal, operational, product, or business reasons. We do not promise that every feature, map, measurement, integration, or item of data will always be available. Where reasonably possible, we will provide notice of a material change that adversely affects paid access or your ability to retrieve stored account information.

Updates may be required for security, compatibility, policy acceptance, or service access. Do not rely on Trace as the only copy of information you cannot afford to lose.

We may update these Terms. Each version has a version name and date. For a material change, Trace asks you to review and accept the new version in the app before you continue using account features; until you accept, the version you last accepted continues to apply, and you can still manage, export, or delete your account. Changes that do not reduce your rights, such as clarifications, corrections, or updated contact details, take effect when posted with a new “last updated” date. Earlier versions are available on request from support@builtbyvex.com.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACE AND THE RELATED SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” VEX DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. VEX DOES NOT WARRANT THAT TRACE WILL RECORD EVERY DRIVE, MEASURE ANY VALUE ACCURATELY, PREVENT DATA LOSS, PROVIDE ACCURATE DIRECTIONS OR ALERTS, DELIVER LIVE POSITIONS ON TIME, OR MAKE DRIVING SAFE.

Driving, track use, and meeting other people involve risks that Trace cannot remove. To the extent permitted by law, you assume those risks, as described in the Safety Policy. Some jurisdictions do not allow particular disclaimers, so those exclusions apply only to the extent permitted. Nothing in these Terms limits a non-waivable consumer right.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEX AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, LOST GOODWILL, VEHICLE DAMAGE, PERSONAL INJURY, CITATIONS, OR BUSINESS INTERRUPTION ARISING FROM OR RELATED TO TRACE, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VEX'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO TRACE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID VEX THROUGH THE APP STORE FOR TRACE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

These limitations do not apply where prohibited, including to liability that cannot lawfully be limited.

To the extent permitted by law, you will defend, indemnify, and hold Vex harmless from third-party claims, losses, and reasonable costs arising from your unlawful use of Trace, your operation of a vehicle while using Trace, your content, your violation of another person's rights, or your material breach of these Terms. This does not require indemnification for Vex's own unlawful conduct and does not waive a non-waivable consumer right.

Please read this section carefully. It affects your right to go to court. Before filing a claim, you and Vex agree to send a written notice describing the dispute and requested relief and to try in good faith for 30 days to resolve it. Send notice to support@builtbyvex.com with the subject “Legal dispute notice.”

Except for an eligible small-claims matter, a claim seeking only temporary or preliminary relief for intellectual-property or security misuse, or a claim that cannot lawfully be arbitrated, any dispute arising from Trace or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs this provision. The hearing may occur by telephone, video, written submission, or in the county or equivalent judicial district where you live, as the rules permit. Fees will be allocated under the applicable AAA consumer rules.

No class actions. You and Vex may bring claims only in an individual capacity, not as a plaintiff or member in a class, collective, consolidated, representative, or private-attorney-general proceeding. The arbitrator may award relief only to the individual seeking it and only as needed to resolve that person's claim.

Mass filings. If 25 or more similar demands for arbitration are filed by or against Vex by, or with the help of, the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules and fee schedule apply, as the AAA determines.

Time to bring a claim. To the extent permitted by law, any claim arising from Trace or these Terms must be brought within one year after it arises, or it is permanently barred.

30-day opt out. You may opt out of arbitration by emailing support@builtbyvex.com within 30 days after first accepting these Terms. Use the subject “Arbitration opt out” and include your name and Trace username or account email. Opting out does not affect other Terms.

If the class-action waiver is found unenforceable for a particular claim or remedy, that claim or remedy will be decided by a court after any arbitrable claims are completed. If arbitration does not apply, exclusive jurisdiction lies in the state courts located in Nassau County, New York, or the United States District Court for the Eastern District of New York, except where applicable consumer law permits another forum.

Jury waiver. If a claim proceeds in court rather than arbitration, you and Vex each waive any right to a jury trial, to the extent permitted by law.

These Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules, and by applicable federal law. This choice does not deprive you of mandatory protections that apply where you live.

If any provision is unenforceable, it will be enforced to the greatest lawful extent and the remaining provisions will continue. A failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Vex may assign them as part of a merger, reorganization, financing, or transfer of the applicable business.

These Terms, with the policies they incorporate and any terms shown at purchase, are the entire agreement between you and Vex about Trace and replace any earlier agreement on the subject. Vex is not liable for a delay or failure caused by events beyond its reasonable control, such as outages of networks, providers, or app stores, natural disasters, or acts of government. You may not use or export Trace in violation of U.S. export-control or sanctions laws, and you confirm that you are not located in a sanctioned country or listed as a restricted party. These Terms create no partnership, agency, or employment relationship, and, except for Apple as described above, no third-party beneficiaries. Headings are for convenience only, and “including” means “including without limitation.”

You may stop using Trace at any time and may request account deletion through the process described in the Privacy Policy. We may suspend or terminate access for a material violation, unsafe or unlawful use, risk to people or the service, or legal requirement. Ownership, external-copy limits, feedback, disclaimers, liability limits, indemnity, dispute terms, and other provisions that by their nature should survive will remain in effect.

Operator

Vex Technologies Inc., a New York corporation

Support, legal notices, and copyright agent

support@builtbyvex.com