Terms of Service for TraceFlows
Last Updated: September 26, 2025
IMPORTANT: These Terms of Service constitute a legally binding agreement. Please read them carefully. You should also consult with legal counsel to ensure you understand your obligations. This is not a substitute for legal advice.
1. Acceptance of Terms
This Terms of Service agreement ("Terms") is a legally binding contract between you, either as an individual or on behalf of an entity ("you" or "Customer"), and TraceFlows ("TraceFlows," "we," "us," or "our"). These Terms govern your access to and use of the TraceFlows session recording and analytics platform, including any software, documentation, and related services (collectively, the "Service").
By checking a box or clicking a button indicating your acceptance, or by creating an account, or by accessing or using the Service, you:
- Acknowledge that you have read and understood these Terms
- Represent that you are of legal age to enter into a binding agreement
- Accept these Terms and agree that you are legally bound by them
If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
Capitalized terms not otherwise defined in these Terms will have the following meaning:
- Customer Data: All information, data, and other content, in any form or medium, that is submitted, posted, or otherwise transmitted by or on behalf of Customer or an End User through the Service.
- End User: Any individual who visits or interacts with a Customer's website or application on which the Service is implemented.
- Documentation: Any manuals, instructions, or other documents or materials that we provide or make available to Customer in any form or medium and which describe the functionality, components, features, or requirements of the Service.
- Fees: The fees applicable to the subscription plan selected by the Customer.
- Subscription Term: The period during which a Customer has a valid, active subscription to the Service.
3. The Service
3.1. Description of the Service
TraceFlows provides a suite of tools for website analytics, primarily focused on session recording powered by the rrweb library. The Service allows Customers to capture, replay, and analyze End User sessions on their websites to improve user experience, identify bugs, and optimize website performance.
3.2. License to Use the Service
Subject to your compliance with these Terms and payment of all applicable Fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during the Subscription Term, solely for your internal business purposes to analyze the performance and usability of your own websites.
3.3. Service Modifications
We are constantly changing and improving our Service. We may add or remove functionalities or features, and we may suspend or stop a part of the Service altogether. We reserve the right to modify the Service at any time, with or without notice. We will not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
3.4. Data Processing Addendum
If you are a business that collects data from individuals in the European Economic Area, the United Kingdom, or Switzerland, you agree to our Data Processing Addendum (DPA), which is hereby incorporated into these Terms. The DPA governs our relationship as a data processor for the personal data you collect. You can access the DPA here.
3.5. Service Level Agreement (SLA)
We will use commercially reasonable efforts to make the Service available with an uptime of at least 99.5% during any monthly billing cycle. This SLA does not apply to any performance issues:
- caused by factors outside of our reasonable control (force majeure)
- that resulted from your or third-party hardware or software
- that resulted from abuses or other behaviors that violate this Agreement
4. Eligibility and Account Management
4.1. Eligibility
To use the Service, you must be at least 18 years of age and have the legal capacity to enter into this agreement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
4.2. Account Registration and Security
You must provide accurate, current, and complete information during the registration process. You are solely responsible for the security of your account credentials (username and password) and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
5. Fees, Payment, and Subscriptions
5.1. Subscription Plans and Fees
The Service is offered under various subscription plans as detailed on our pricing page. By selecting a subscription plan, you agree to pay the associated Fees. Fees are billed in advance on a recurring basis (e.g., monthly or annually) and are non-refundable, except as required by law.
5.2. Payment Processing
We use a third-party payment processor to handle all payments. You must provide our payment processor with a valid payment method. By providing your payment information, you authorize us and our processor to charge the Fees for your chosen Subscription Term.
5.3. Price Changes
We reserve the right to change our subscription Fees at any time. We will provide you with reasonable prior notice of any Fee changes. Your continued use of the Service after the Fee change comes into effect constitutes your agreement to pay the modified Fee amount.
5.4. Taxes
All Fees are exclusive of any applicable taxes, levies, duties, or similar governmental assessments, including value-added, sales, use, or withholding taxes, assessable by any jurisdiction (collectively, "Taxes"). You are responsible for paying all Taxes associated with your purchases hereunder.
6. Customer Obligations and Acceptable Use
6.1. Compliance with Laws
You agree to use the Service in full compliance with all applicable local, state, national, and international laws, rules, and regulations. This includes, but is not limited to, laws related to data privacy, international communications, and the transmission of technical or personal data.
6.2. End User Privacy
You are solely responsible for ensuring that your use of the Service to collect and process data from your End Users is lawful. You must:
- Post a clear, conspicuous, and comprehensive privacy policy on your website that discloses your use of tracking technologies and services like TraceFlows.
- Obtain all necessary rights, releases, and consents from End Users to allow Customer Data to be collected, used, and disclosed as described in these Terms and your privacy policy.
- Properly configure the Service to suppress or redact any sensitive, personal, or confidential information that you do not have a legal basis to collect. This includes, but is not limited to, financial information, health information, or other sensitive personal data.
6.3. Prohibited Actions
You may not, and may not permit any third party to, directly or indirectly:
- Use the Service to track or collect data from any website that you do not own and operate.
- Use the Service to track individuals in any way that is illegal, fraudulent, or malicious.
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure of the Service.
- Modify, translate, or create derivative works based on the Service.
- Use the Service for any high-risk activities where the failure of the Service could lead to death, personal injury, or severe environmental damage.
- Use the Service to store or transmit any material that is infringing, libelous, or otherwise unlawful or tortious.
- Interfere with or disrupt the integrity or performance of the Service or its components.
7. Intellectual Property Rights
7.1. Our Intellectual Property
As between you and us, we own and will retain all right, title, and interest in and to the Service, including all underlying software, technology, documentation, and our trademarks, logos, and brand elements. You are not granted any rights to our intellectual property except for the limited license to use the Service as described in Section 3.2.
7.2. Your Customer Data
As between you and us, you own all right, title, and interest in and to your Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, transmit, and display your Customer Data as necessary for us to provide the Service in accordance with these Terms.
7.3. Feedback
If you provide us with any feedback, suggestions, or ideas for improving the Service ("Feedback"), you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
8. Confidentiality
"Confidential Information" means all information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.
The Receiving Party agrees to use the same degree of care that it uses to protect its own confidential information (but not less than reasonable care) to not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement.
9. Term and Termination
9.1. Term
These Terms commence on the date you first accept them and continue for the duration of your Subscription Term. Subscription Terms will automatically renew for successive periods equal to the initial term unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant Subscription Term.
9.2. Termination
We may terminate or suspend your account and access to the Service, at our sole discretion, for any reason, including your breach of these Terms. You may cancel your subscription at any time through your account settings, but you will not be entitled to a refund for any prepaid Fees.
9.3. Effect of Termination
Upon termination, your right to use the Service will immediately cease. We will have no obligation to maintain or forward any of your Customer Data and may delete it in accordance with our data retention policies.
10. Warranties and Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRACEFLOWS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE.
UNDER NO CIRCUMSTANCES WILL OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE TOTAL AMOUNT OF FEES PAID OR PAYABLE BY YOU TO US UNDER THESE TERMS IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
12. Indemnification
You agree to defend, indemnify, and hold harmless TraceFlows and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- your use of and access to the Service
- your violation of any term of these Terms
- your violation of any third-party right, including without limitation any right of privacy or intellectual property rights
- your violation of any applicable law, rule, or regulation
13. Export Compliance and Sanctions
You acknowledge that the Service may be subject to export control laws and regulations of the United States and other countries. You agree to comply with all applicable export laws and regulations, including the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR).
You represent and warrant that you are not located in, or a national of, any country subject to U.S. trade sanctions or export restrictions, and that you are not on any U.S. government list of prohibited or restricted parties.
14. Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement which is due to an event beyond the reasonable control of such party, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, pandemics, labor strikes, internet service provider failures, or denial of service attacks.
15. Account Suspension and Enforcement
15.1. Suspension Process
We may suspend or terminate your account immediately if we determine, in our sole discretion, that you have violated these Terms. We will make reasonable efforts to notify you of the suspension and the reason for it, except where we determine that doing so would:
- Violate the law or the direction of a legal enforcement agency
- Compromise an investigation or the security of the Service
- Cause harm to any user, third party, or TraceFlows
15.2. Appeal Process
If your account is suspended, you may appeal by contacting us at support@traceflows.com with a detailed explanation of why you believe the suspension was in error. We will review your appeal within 10 business days.
16. Data Backup and Recovery
While we maintain regular backups of our systems for disaster recovery purposes, these backups are not intended as an archival service for Customer Data. You are solely responsible for maintaining your own backups of any data you consider important.
Our backup retention periods may differ from active data retention periods specified elsewhere in these Terms. Backup data may be retained for up to 90 days beyond the active retention period solely for disaster recovery purposes.
17. Dispute Resolution and Arbitration
17.1. Mandatory Arbitration
PLEASE READ THIS SECTION CAREFULLY. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
17.2. Arbitration Rules
The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Delaware, or at another location we mutually agree to in writing.
17.3. Class Action Waiver
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
17.4. Opt-Out Right
You have the right to opt out of this arbitration provision by sending written notice of your decision to opt out to legal@traceflows.com within 30 days of first accepting these Terms.
18. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.
Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.
19. General Provisions
- Entire Agreement: These Terms, together with our Privacy Policy and Data Processing Addendum, constitute the entire agreement between you and TraceFlows concerning the Service.
- Changes to Terms: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The "Last Updated" date at the top of these Terms will indicate the latest revision. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
- Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions.
- No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
- Notices: All notices to us must be sent to support@traceflows.com. We may provide notices to you via the email address associated with your account or by posting on the Service.
20. Contact Us
If you have any questions about these Terms of Service, please contact us at support@traceflows.com.