TRAQER.AI TERMS OF USE

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Service. The Service is intended for business and commercial use only. You may not use Traqer for personal, household, or consumer purposes. By using the Service, you represent and warrant that you meet all eligibility requirements stated herein.

2. Description of Service

Traqer provides AI visibility tracking, analytics reporting, competitive intelligence, and related insights designed to help businesses understand how they appear in AI-driven search and discovery environments.

Disclaimer: The Service provides informational and analytical tools only. Data, reports, scores, rankings, and insights generated by the Service are provided for informational purposes and should not be relied upon as the sole basis for business decisions. We do not guarantee any specific rankings, visibility improvements, traffic, revenue, leads, or other business outcomes. AI search environments are controlled by third parties and may change at any time without notice, which may affect the accuracy or relevance of our reports.

3. Pricing Plans

Traqer currently offers the following subscription plans:

• Starter Plan: $25 per month
• Professional Plan: $100 per month
• Enterprise Plan: $400 per month

Each plan includes different usage limits, features, and capabilities as described on our pricing page. Traqer reserves the right to modify pricing, plan features, and usage limits at any time. Any pricing changes will take effect at the start of your next billing cycle following notice of the change. Current subscribers will receive at least thirty (30) days' written notice before any price increase takes effect on their account.

4. Account Registration & Security

To use the Service, you must create an account and provide accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials and account information;
• All activity that occurs under your account, whether or not authorized by you;
• Promptly notifying Traqer at support@traqer.ai of any unauthorized use of your account or any other breach of security.

You may not share your account credentials with third parties or allow multiple individuals to use a single account unless your plan explicitly permits multiple users. We may suspend or terminate accounts that provide false information, are used in violation of these Terms, or pose a security risk.

5. Free Trial

Traqer may offer a seven (7) day free trial for new users. Free trial availability, duration, and terms are subject to change at Traqer's sole discretion.

IMPORTANT — AUTOMATIC BILLING: A valid payment method is required at signup. By providing your payment information and beginning a free trial, you expressly authorize Traqer to automatically charge your payment method at the applicable subscription rate at the end of the seven (7) day trial period unless you cancel before the trial expires.

If you do not cancel before the trial period ends, your free trial will automatically convert to a paid subscription at the plan rate you selected at signup. You will be billed immediately upon trial expiration.

Traqer does not provide refunds for failure to cancel a free trial before its expiration.It is your sole responsibility to cancel before the trial period ends if you do not wish to be charged. You can check your trial status and expiration date at any time in your account settings.

Free trials are limited to one per person, company, or payment method. Traqer reserves the right to revoke or limit free trial access if abuse is detected.

6. Subscription & Billing

All paid subscriptions are billed on a monthly recurring basis unless otherwise specified. By subscribing to a paid plan, you authorize Traqer to charge your designated payment method on a recurring basis at the start of each billing cycle until you cancel your subscription.

You agree to:

• Provide valid and current payment information;
• Keep your billing information up to date;
• Pay all applicable fees, charges, and taxes associated with your subscription.

If any payment fails, Traqer may: (a) retry the payment; (b) suspend your access to the Service until payment is received; or (c) terminate your account after providing reasonable notice. You remain responsible for any uncollected amounts.

All fees are non-refundable except where required by applicable law. No refunds or credits will be issued for partial months of service, downgrade refunds, or unused features.

7. Cancellation

You may cancel your subscription at any time through your in-app account or billing settings. Cancellation takes effect at the end of the current paid billing period. Upon cancellation:

• You will retain access to the Service through the end of your current billing period;
• No further charges will be applied after the current billing period ends;
• No refunds will be issued for the remaining portion of the current billing period.

Cancellation requests submitted via email, chat, social media, or any other method outside of the in-app billing settings do not constitute valid cancellation unless explicitly confirmed in writing by an authorized Traqer representative.

Traqer is not responsible for continued billing resulting from failure to cancel through the proper in-app method.

8. Usage Limits & Overages

Each subscription plan includes specific usage limits (such as the number of tracked queries, brands, competitors, reports, API calls, or other metrics) as described on our pricing page and in your account dashboard.

If you exceed the usage limits of your plan, Traqer may, at its sole discretion: (a) throttle or restrict your access to certain features; (b) prompt you to upgrade to a higher-tier plan; or (c) charge overage fees as communicated to you in advance. We will make reasonable efforts to notify you when you approach or exceed your plan limits.

9. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You specifically agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying technology of the Service;
• Scrape, crawl, extract, or systematically download data from the Service by automated means;
• Resell, sublicense, redistribute, or provide access to the Service to third parties without Traqer's prior written consent;
• Use the Service to violate any applicable laws, regulations, or third-party rights;
• Interfere with, disrupt, or compromise the security, integrity, or performance of the Service or its infrastructure;
• Use the Service, its data, or its methodologies to build, train, or improve a competing product or service;
• Transmit any malicious code, viruses, or harmful components through the Service;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Circumvent or attempt to circumvent any usage limits, access controls, or security measures.

We reserve the right to investigate and take appropriate action, including suspending or terminating accounts, reporting to law enforcement, and pursuing legal remedies, for any violations of this section.

10. Intellectual Property

Traqer and its licensors retain all rights, title, and interest in and to the Service, including all software, algorithms, models, methodologies, user interfaces, branding, trademarks, trade secrets, and content. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited right to use the Service in accordance with these Terms.

You retain ownership of the data you submit to the Service ("Your Data"). By submitting Your Data, you grant Traqer a non-exclusive, worldwide, royalty-free license to use, process, and store Your Data solely for the purpose of providing the Service to you.

Traqer may use aggregated, de-identified, and anonymized data derived from your use of the Service to improve, develop, and operate the Service, conduct research, and generate benchmarks or industry insights, provided that such data cannot reasonably be used to identify you or your business.

11. Confidentiality

Each party agrees to hold in confidence any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information"). Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the Confidential Information; or (d) is rightfully received from a third party without restriction.

12. Data Privacy & Security

Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, store, and share your information. By using the Service, you consent to the practices described in the Privacy Policy.

Traqer implements commercially reasonable administrative, technical, and physical safeguards to protect Your Data. However, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security. You acknowledge and accept this inherent risk.

In the event of a data breach affecting Your Data, Traqer will notify you in accordance with applicable law.

13. Third-Party Services

The Service may integrate with or rely upon third-party services, including payment processors, cloud hosting providers, AI model providers, and analytics platforms. Traqer is not responsible for the performance, accuracy, availability, security, or privacy practices of any third-party services. Your use of third-party services is governed by their respective terms and policies. Traqer shall not be liable for any loss or damage arising from your reliance on third-party services.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAQER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AND AVAILABILITY.

TRAQER DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

YOU ACKNOWLEDGE THAT AI SEARCH ENVIRONMENTS AND ALGORITHMS ARE CONTROLLED BY THIRD PARTIES AND ARE SUBJECT TO FREQUENT CHANGES. TRAQER MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OR CURRENCY OF AI VISIBILITY DATA OR RANKINGS AT ANY GIVEN TIME.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAQER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
• LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS;
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
• DAMAGES ARISING FROM INTERRUPTION OF SERVICE, LOSS OF USE, OR DATA CORRUPTION;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF TRAQER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TRAQER'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU PAID TO TRAQER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE HUNDRED DOLLARS ($500).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

16. Indemnification

You agree to indemnify, defend, and hold harmless Traqer and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

• Your use or misuse of the Service;
• Your violation of these Terms;
• Your violation of any applicable law or regulation;
• Your violation of any third-party rights, including intellectual property or privacy rights;
• Any data or content you submit to or through the Service;
• Any dispute between you and a third party relating to the Service.

Traqer reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

17. Dispute Resolution & Arbitration

Informal Resolution: Before filing any formal proceeding, you agree to first contact Traqer at support@traqer.ai and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration: If the dispute cannot be resolved informally, you and Traqer agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in San Jose, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver: YOU AND TRAQER AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

Exceptions: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

18. Modifications to the Service & Terms

Traqer reserves the right to modify, update, suspend, or discontinue any part of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may update these Terms from time to time. When we make material changes, we will: (a) update the "Last Updated" date at the top of these Terms; and (b) make reasonable efforts to notify you (such as via email or in-app notification). Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your subscription.

19. Termination

We may suspend or terminate your access to the Service, without prior notice or liability, if you:

• Violate any provision of these Terms;
• Fail to pay applicable fees after reasonable notice;
• Use the Service in a harmful, fraudulent, or unlawful manner;
• Engage in activity that poses a security risk to the Service or other users.

Upon termination: (a) your right to use the Service ceases immediately; (b) you remain liable for all fees incurred prior to termination; and (c) Traqer may delete Your Data after a reasonable retention period (not to exceed thirty (30) days following termination) unless a longer retention period is required by law.

The following sections survive termination: Intellectual Property, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Traqer agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California.

21. Force Majeure

Traqer shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, government actions, power failures, internet or telecommunications outages, third-party service failures, or cyberattacks.

22. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

23. Entire Agreement

These Terms, together with the Privacy Policy and any other policies or agreements referenced herein, constitute the entire agreement between you and Traqer regarding the Service and supersede all prior agreements, understandings, and negotiations, whether written or oral. No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

24. Assignment

You may not assign or transfer your rights or obligations under these Terms without Traqer's prior written consent. Traqer may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

25. Contact Information

If you have questions, concerns, or requests regarding these Terms, please contact:

Traqer LLC 465 Snyder Ave, San Jose, CA 95125, United States Email: support@traqer.ai