Terms of Use

Welcome to Tracée. These Terms of Use (“Terms”) govern your access to and use of the Tracée mobile application, our website at yoursecondmemory.com, and any related products or services we make available (collectively, the “Services”). Please read them carefully.

By downloading the app, creating an account, or otherwise using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

If you subscribe to a paid plan, your subscription may renew automatically unless you cancel before the renewal date through the App Store or as otherwise described below.

These Terms include an agreement to resolve most disputes through binding arbitration on an individual basis, not in court, and include a class-action waiver.

1. What Tracée is

Tracée is a personal memory app. You capture short voice traces — moments, ideas, conversations, and things worth remembering — and Tracée transcribes, organizes, and helps you find them later. Features available to you depend on your plan and the version of the app you use.

2. Eligibility and your account

You must be at least 13 years old and able to form a binding contract to use the Services. When you register, you agree to provide accurate information and to keep it up to date. You are responsible for all activity under your account and for keeping your login credentials secure. Notify us promptly at contact@d6code.com if you suspect unauthorized access.

You may not create an account on behalf of someone else without permission, use a false identity, maintain more than one personal account, or use the Services if we have previously suspended or removed you.

3. License to use the Services

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Tracée app on devices you own or control, and to access the Services for your personal, non-commercial use.

If you obtained the app from the Apple App Store, your use is also subject to Apple's applicable terms and usage rules. Apple is not responsible for the Services or their content.

4. Restrictions

You agree not to:

• copy, sell, rent, or commercially exploit the Services except as expressly allowed;
• reverse engineer, decompile, or attempt to extract source code from the app, except where prohibited by law;
• use bots, scrapers, or automated means to access the Services without permission;
• build a competing product using the Services or our content;
• remove copyright, trademark, or other proprietary notices;
• use the Services in violation of applicable law or these Terms.

5. Acceptable use

You may not use Tracée to upload, store, or share content that is illegal, harmful, fraudulent, infringing, harassing, sexually exploitative, or otherwise objectionable. You may not attempt to interfere with the security or operation of the Services, probe systems without authorization, send spam, or impersonate others.

We may remove content or suspend access if we reasonably believe you have violated these rules or if required by law.

6. Your traces and content

You retain ownership of the voice recordings, transcripts, and other material you create through the Services (“Your Content”). You are responsible for Your Content and for having the rights needed to record, store, and use it.

To operate the Services, you grant us a worldwide, non-exclusive license to host, store, reproduce, process, transcribe, organize, back up, and display Your Content only as needed to provide and improve the Services, comply with law, and enforce these Terms. We handle Your Content according to your in-app settings and our Privacy Policy. By default, your traces are private to you.

We do not use Your Content to train general-purpose AI models for third parties. We do not sell Your Content.

7. Our intellectual property

Tracée, our logos, app design, software, and other materials we provide are owned by us or our licensors and are protected by intellectual property laws. Except for the limited license above, we reserve all rights.

8. Subscriptions and payments

Some features require a paid subscription. Prices, billing intervals, and included features are shown in the app or App Store at the time of purchase. Payments made through Apple are processed by Apple; their terms apply to those transactions.

Subscriptions renew automatically unless you cancel at least 24 hours before the end of the current billing period through your App Store account settings. We do not control Apple's billing interface. Refunds are handled according to Apple's policies unless otherwise required by law.

We may change prices or plan features with notice where required. Free trials or promotional pricing, if offered, will convert to the standard subscription price when the promotional period ends unless you cancel first.

9. Privacy

Our Privacy Policy explains how we collect, use, and protect personal information. By using the Services, you acknowledge that you have read it. While we use reasonable safeguards, no system is perfectly secure. You use the Services at your own risk.

10. Third-party services

The Services may link to or rely on third parties — for example Apple, speech-to-text providers, cloud infrastructure, or analytics tools. Those third parties have their own terms and privacy practices. We are not responsible for third-party websites or services.

11. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that transcription will be error-free, that the Services will be uninterrupted, or that data will never be lost. You should maintain your own backups of anything irreplaceable. Tracée is not a medical, legal, financial, or emergency service.

12. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) FIFTY US DOLLARS (US $50), EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY LAW.

13. Indemnity

You agree to defend, indemnify, and hold us harmless from claims arising out of Your Content, your use of the Services, or your violation of these Terms or applicable law.

14. Termination

You may stop using the Services at any time and may delete your account in the app or by contacting us. We may suspend or terminate access if you violate these Terms, create risk for us or other users, or if we discontinue the Services.

Upon termination, your right to use the Services ends. Provisions that by nature should survive — including ownership, disclaimers, limitations of liability, and dispute resolution — will survive.

15. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the app, website, or email where appropriate. Continued use after changes become effective constitutes acceptance unless law requires otherwise.

16. Dispute resolution and governing law

Except for small-claims matters or requests for injunctive relief, any dispute arising from these Terms or the Services will be resolved by binding arbitration on an individual basis, not in a class, collective, or representative action. The arbitration will be conducted in English under the rules of a recognized arbitration provider mutually agreed by the parties, or failing agreement, administered by the American Arbitration Association.

These Terms are governed by the laws of the State of California, excluding conflict-of-law rules, except where mandatory local law applies to you as a consumer.

17. Apple App Store

If you downloaded Tracée from the Apple App Store, you acknowledge that:

• these Terms are between you and us, not Apple;
• we, not Apple, are responsible for the app and its content;
• Apple has no obligation to provide maintenance or support for the app;
• Apple is a third-party beneficiary of these Terms and may enforce them against you.

18. Contact

Questions about these Terms? Contact us at contact@d6code.com.