TraceMyIP Service Terms and Conditions

This Terms of Service Agreement (the "Agreement") is made and entered into by and between TraceMyIP ("TraceMyIP, LLC") and the user of TraceMyIP services ("Customer", "Subscriber", "Data Controller", "Entity", "End-user", "You").

These Terms of Service describe your rights and responsibilities and the terms and conditions under which you may use TraceMyIP website visitor ("Internet users") tracking services. This Agreement applies to service access points such as direct access to tracemyip.org and its subdomains, APIs, SMS, service email notifications, SaaS implementations, server-side and client-installed applications, widgets, graphic badges, tags, buttons, and other methods through which the service is delivered, including software provided for installation on Customer websites and within applications.

Please read these terms and conditions carefully before using the TraceMyIP Service. By using the TraceMyIP service, you agree to be legally bound by these Terms and Conditions, the Privacy Policy, and any applicable addendum(s) specified in this document. If you do not agree with these terms, you may not use the TraceMyIP service. You further agree to use TraceMyIP services on an "as provided" and "as available" basis and at your own risk.

1. Who can utilize TraceMyIP services
   Any person or entity using TraceMyIP services must have the legal capacity to enter into a binding contract under the laws applicable to that person or entity. If you accept these Terms on behalf of an organization, company, government body, or other legal entity, you represent that you are authorized to bind that entity to these Terms. Within this Agreement, "Customer" refers to the person or entity that directly or indirectly enters into this Agreement.
2. Privacy Policy
   The TraceMyIP Privacy Policy governs how information is handled when end-users interact directly with tracemyip.org and its subdomains. By accepting these Terms, end-users acknowledge that they have reviewed and accepted the Privacy Policy as part of this Agreement.
   
   Our Privacy Policy can be accessed at https://www.tracemyip.org/privacy.htm
3. General Data Protection Regulation (GDPR) (EU) Compliance
   Since May 25, 2018, TraceMyIP, when acting as a Data Processor, has provided tools intended to assist end-users with obligations that may apply under the General Data Protection Regulation (GDPR) and other applicable data protection laws. Use of those tools does not by itself establish legal compliance. As an integrated part of the privacy and data-processing terms applicable to TraceMyIP end-users, the GDPR Data Processing Addendum can be found at https://www.tracemyip.org/gdpr-data-processing-addendum.htm
4. TraceMyIP data processing services
   TraceMyIP services allow Customers to collect, store, and associate contextual information with individual website visitor records within website visitor tracking logs. Depending on the information involved and the circumstances of processing, IP addresses, location information, online identifiers, and other visitor data may be treated as personal data under applicable privacy laws.
   
   Customers are responsible for determining whether and how they may lawfully collect, store, associate, or otherwise process personal data through TraceMyIP. Where the GDPR or another privacy law applies, the Customer is responsible for the lawful basis for processing, required notices or consent, data-subject rights, retention, security, and any other obligations that apply to the Customer's use of the service. The applicability of the GDPR depends on the circumstances described by applicable law and is not determined solely by a visitor's stated residence.
   
   A Customer must not use TraceMyIP to store or associate directly identifying information with visitor records unless that processing is necessary for the Customer's legitimate use of the service and is permitted by applicable law. If a Customer elects to collect or store personally identifiable information using TraceMyIP data processing services, the Customer bears responsibility for that processing to the fullest extent permitted by applicable law and agrees to indemnify and hold TraceMyIP harmless from claims arising from the Customer's unlawful or negligent acts or omissions.
5. Data privacy and restrictions for collected and processed information by TraceMyIP
   As a Customer, you must not permit any third party to use TraceMyIP services in violation of this Agreement or applicable privacy and data protection laws. If personally identifiable information is associated with website data collected or processed through TraceMyIP, the Customer is responsible for ensuring that the processing is permitted by applicable law and is consistent with the intended use of the service.
   
   A TraceMyIP Customer must maintain a privacy policy or other notice appropriate to the Customer's website and jurisdiction that explains the intended use of information collected through the service. Where applicable, this should include:
   
   a. A transparent privacy policy or notice that is reasonably accessible to website visitors
   b. Disclosure of relevant third-party tracking or data-processing services
   c. Disclosure of cookies or similar technologies used by the website, including essential and optional technologies where applicable
   
   By utilizing TraceMyIP, the end-user acknowledges and agrees that account data and website statistics are private by default. Where permitted by applicable law, the end-user may enable an available data-sharing option. Enabling that option grants TraceMyIP permission to make the selected website statistical data public and to use that publicly shared data for promotional or related service purposes.
6. Free and Premium Subscriber Services
   At its discretion and subject to availability, TraceMyIP may provide two tiers of service: a free tier supported by third-party advertisements placed on public and subscriber-only pages, and a premium service subject to applicable scalability and plan limits. TraceMyIP reserves the right to change the availability of either tier and may change its fees and payment policies from time to time. Unless otherwise stated, all service fees are stated in U.S. Dollars. Any outstanding balance is immediately due and payable upon termination of the Agreement, and reasonable collection expenses incurred by TraceMyIP, which may include legal fees where permitted, may be included in the outstanding amount owed.
   
   Free service is provided for the term specified at the time of the initial subscription, after which renewal or continued availability is subject to the terms of this Agreement and service availability.
   
   Features available through TraceMyIP subscription tiers may be revised, upgraded, downgraded, added, or removed from time to time without prior end-user notification.
7. Subscriber Account Security and Credentials
   To utilize the TraceMyIP service, a Subscriber must complete the registration process provided by TraceMyIP. Registration requires accurate information, including an email address and password. A Subscriber is responsible for keeping account credentials secure in addition to the security measures provided by TraceMyIP. A Subscriber must notify TraceMyIP promptly if unauthorized account use is suspected or a security breach has occurred. TraceMyIP customer service personnel may access a Customer account when reasonably necessary to maintain account security or respond to customer service requests.
8. Non-Exclusive Service License
   Subject to the applicable terms and conditions of this Agreement, TraceMyIP grants website visitors and Customers a non-exclusive, limited, revocable, non-sublicensable license to use TraceMyIP visitor tracking and other tools as provided; to install and copy authorized TraceMyIP code and display provided graphic elements on Customer digital properties or authorized third-party properties; and to remotely access TraceMyIP subscriber gateway pages to view and download data stored at tracemyip.org.
   
   Unless otherwise stated, an entity is not allowed to:
   
   a. Attempt to access source code or copy, modify, decompile, reverse-engineer, convert, translate, encrypt, or create derivative works from software, content, or documentation except where applicable law expressly permits such activity.
   b. Sell, assign, transfer, sublease, lease, or rent the right to use the software, documentation, or service unless otherwise stated.
   c. Remove branding, notices, or explicitly posted notifications provided by the service.
   d. Interfere with the operation of the service or software, misrepresent the source or ownership of data, or relabel service reports, graphics, or data tools as third-party products for the purpose of claiming ownership or origin.
9. Indemnification
   TraceMyIP provides no guarantee of uninterrupted service availability or absolute protection against loss of data stored on its servers.
   
   The end-user agrees to defend, indemnify, and hold TraceMyIP harmless from claims, liabilities, losses, and reasonable expenses, including attorney's fees where permitted, arising from the end-user's violation of this Agreement, infringement of intellectual property rights, violation of applicable law, or breach of applicable privacy or security obligations. With respect to this provision, TraceMyIP's liability, if any, may not exceed the subscription cost of the services provided, subject to the additional limitations stated in the Limitation of Liability section below.
10. End-user account termination policy
    TraceMyIP may immediately terminate an end-user account and delete associated processed data without prior notice if the following conditions are violated:
    
    a. The end-user agrees not to obstruct the view of or alter the style of installed tracker icons. The icons must remain visible in their entirety unless an applicable subscription plan expressly allows the trackers to be hidden.
    b. The end-user agrees not to use automatic page reloading or similar methods for the purpose of artificially generating or updating service statistics. Such methods may consume unnecessary server resources.
    c. The end-user must not use TraceMyIP trackers in emails or on sites containing malicious content, adult material, or hate-related material.
    d. TraceMyIP may not be used on websites that encourage racism, unlawful discrimination, hatred, violence, religious persecution, or the unlawful initiation of force against others.
    e. Use of data captured or processed through TraceMyIP is governed by this Agreement, the Privacy Policy, applicable addenda, account settings, and applicable law.
11. Service Fulfillment Terms
    
    Service Delivery Terms
    TraceMyIP subscriptions paid through supported electronic methods, such as credit card or PayPal, are generally activated within 10 minutes. Payments made by check may require up to 7 business days to clear.
    
    Return & Cancellation Policy
    Unless otherwise stated, premium subscription services provided by TraceMyIP are subject to a 30-day satisfaction guarantee as described in this section. Requests for a refund of the first month's subscription fee must be submitted within the first 30 days of service and are subject to review; customer feedback is required as part of that review. To cancel a subscription and request an eligible first-month refund, a TraceMyIP Subscriber must submit a technical support ticket. No refunds are provided for service usage beyond the 30-day period. A Subscriber may cancel a yearly subscription at any time, subject to the refund limitations stated here.
12. Limitation of Liability
    To the fullest extent permitted by applicable law, TraceMyIP will not be liable for lost revenue or for indirect, incidental, special, or consequential damages arising from the use of, inability to use, interruption of, or loss of data associated with the service, even if TraceMyIP, its operators, subsidiaries, or affiliates were advised that such damages were possible. To the fullest extent permitted by applicable law, TraceMyIP's aggregate liability to Customers or any other entity for claims arising from or related to this Agreement will not exceed $350 (USD).
13. Other terms and conditions
    
    a. TraceMyIP reserves the right to revise these terms of usage, policies, and provisions from time to time. Revised terms will be posted on the applicable TraceMyIP website and will become effective when posted or on any later effective date stated in the revised terms. Continued use of the service after the effective date constitutes acceptance of the revised terms to the extent permitted by applicable law.
    b. TraceMyIP retains its ownership rights and copyrights in materials owned or produced by TraceMyIP, including its identity, trademarks, software, trade secrets, logos, databases, collective website reports, and other proprietary content hosted or otherwise provided through tracemyip.org and its subdomains.
    c. To the fullest extent permitted by applicable law, TraceMyIP is not liable for damages arising from use of the service, failure to provide the service, interruption of service, data loss, or termination of service as permitted by this Agreement. TraceMyIP does not guarantee uninterrupted service availability and is not responsible for losses caused by circumstances beyond its reasonable control.
    d. If the Agreement (the "Subscription") is terminated by either the end-user or TraceMyIP, the end-user agrees to remove TraceMyIP trademarks, logos, and tracking code from websites under the end-user's control where those elements are no longer authorized for use. By canceling a free or premium subscription, the end-user acknowledges that the account and associated data may be permanently deleted without an option for recovery in accordance with applicable service and retention policies.
    e. The end-user accepts responsibility for placing TraceMyIP tracking technology on web pages or other implementations where visitor tracking occurs and for complying with privacy, data protection, consent, notice, and tracking requirements that apply to the end-user's websites or applications.
    f. TraceMyIP may not be used on pages where purchasing or otherwise using low-quality, automated, manipulated, or invalid sources of visitor traffic is an ongoing practice. Such traffic may create bursts of invalid activity that place excessive demand on TraceMyIP server resources and interfere with service availability for other users. Accounts engaged in such practices may be terminated at TraceMyIP's discretion and associated data may be deleted without an option for recovery.
    g. TraceMyIP may not be used for tracking users in chat rooms, online messaging, or emails.