Terms of Service

Last updated: March 2026

Welcome to trakd. These Terms of Service ("Terms") govern your use of the trakd mobile application and website at trakthat.app (collectively, the "Service"), operated by trakd ("we", "our", or "us"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use the Service. By using the Service, you represent that you meet this age requirement. If you are under 18, you represent that your parent or legal guardian has reviewed and agrees to these Terms.

2. Accounts

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to provide accurate, current, and complete information during registration and to update it as necessary.

You may not create accounts through automated means, create multiple accounts for deceptive purposes, or share your account credentials with others. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use

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

• Post or transmit content that is defamatory, obscene, abusive, threatening, or otherwise objectionable
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Upload or transmit viruses, malware, or any other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or any related systems or networks
• Use the Service to scrape, harvest, or collect data without our express written consent
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated systems (bots, scrapers, etc.) to access the Service without our permission
• Submit false, misleading, or spam track identifications or comments
• Circumvent any rate limits, access restrictions, or security measures

4. User Content

The Service allows you to submit content including track identifications, comments, set information, and profile data ("User Content"). You retain ownership of your User Content. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, display, reproduce, distribute, and modify your User Content in connection with operating and improving the Service.

You represent that you have the right to submit any User Content you provide and that your User Content does not violate any third party's rights, including intellectual property rights.

We may remove any User Content at our discretion, including content that violates these Terms or is otherwise objectionable.

5. Track Identification and Audio

The Service includes audio fingerprinting functionality that uses your device microphone to identify music tracks. When you use this feature:

• A short audio sample is captured and sent to our audio fingerprinting provider for identification
• Raw audio samples are not permanently stored by us
• Track identification results are provided on a best-effort basis and may not always be accurate
• You are responsible for ensuring you have any necessary permissions to record audio in your environment

6. Points and Rewards

The Service may include a points or rewards system for contributing track identifications and other content. Points have no monetary value, cannot be exchanged for cash, and are non-transferable. We reserve the right to modify, suspend, or discontinue the rewards system at any time without notice.

7. Third-Party Services

The Service integrates with third-party services including Spotify, Apple Music, and others. Your use of these integrations is subject to the respective third party's terms of service and privacy policies. We are not responsible for the content, policies, or practices of any third-party services.

8. Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are owned by trakd and are protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

Track metadata, artist information, and music data displayed in the Service may be sourced from third-party databases and remain the property of their respective owners.

9. Copyright and DMCA

We respect the intellectual property rights of others. If you believe that your copyrighted work has been used on the Service in a way that constitutes infringement, please contact us at legal@trakthat.app with the following information:

• A description of the copyrighted work you claim has been infringed
• The URL or location of the allegedly infringing material
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that the use is not authorized
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

TRACK IDENTIFICATION RESULTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT BE ACCURATE. WE MAKE NO GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY IDENTIFICATION RESULTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRAKD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

12. Indemnification

You agree to indemnify, defend, and hold harmless trakd and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your User Content, or your violation of these Terms.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service will cease immediately. You may delete your account at any time through your account settings or by contacting us.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

15. Dispute Resolution

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, except that you retain the right to bring individual claims in small claims court.

YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the "Last updated" date and, where appropriate, providing notice through the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

17. Apple App Store Terms

If you access the Service through the Apple App Store, the following additional terms apply:

• These Terms are between you and trakd, not Apple. Apple has no obligation to provide maintenance or support for the Service.
• In the event of any failure of the Service to conform to applicable warranties, Apple's sole obligation is to refund the purchase price (if any) of the App.
• Apple is not responsible for addressing any claims relating to the Service, including product liability, legal compliance, or intellectual property infringement claims.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

18. In-App Purchases and Subscriptions

Trakd offers optional paid subscriptions ("Pro" and "Unlimited") that provide additional features. By purchasing a subscription:

• Payment will be charged to your Apple ID account at confirmation of purchase.
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period.
• Your account will be charged for renewal within 24 hours prior to the end of the current period at the rate of the selected plan.
• You can manage and cancel your subscriptions by going to your Account Settings on the App Store after purchase.
• Any unused portion of a free trial period will be forfeited when you purchase a subscription.
• Prices are in US dollars and may vary in other regions based on App Store pricing.
• Refunds are handled by Apple in accordance with their refund policies.

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20. Contact

If you have any questions about these Terms, please contact us at:

legal@trakthat.app