Terms of Service

Last Updated: October 12, 2025

1. Introduction

This Agreement is between the end user ("you") and Trakflip ("Trakflip").

2. Conditions of Use of the Trakflip Service

You may not use the Trakflip Service in any way that is fraudulent, illegal or expressly prohibited by these Terms. By using the Trakflip Service, you affirm that (a) you are 18 years or older or that you are 13 years or older ("a Minor") and have express permission from your parent or guardian to use the Trakflip Service, (b) you reside in and will remain in the United States of America while you use the Trakflip Service, and (c) any information that you submit to Trakflip is and will remain true, accurate and complete. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Trakflip if the Minor breaches any of these Terms. If you do not agree to such actions, you must cease using the Trakflip Service. If you are not at least 13 years old, you may not use the Trakflip Service at any time or in any manner. The Trakflip Service is for personal, non-commercial use only.

You further agree not to undertake any of the following activities on the Trakflip Services or to attempt to do so or encourage any third party to do so:

• Circumventing or modifying any security technology or software that is part of the Trakflip Services;
• Reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of any material on the Trakflip Services, except where such restriction is expressly prohibited by applicable law;
• Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files;
• Removing or altering any copyright, trademark, or other intellectual property notices on the Trakflip Services;
• Advertising to, or solicitation of, any user of the Trakflip Services;
• Covering or obscuring advertisements that appear on the Trakflip Services;
• Impersonating or attempting to impersonate or hold yourself out as another user, person or entity; or
• Using the Trakflip Services in a manner inconsistent with any other terms or policies applicable to your use of the Trakflip Services, or in a manner inconsistent with any applicable laws and regulations.

If you disagree with any decision by Trakflip related to your activities, you may appeal by sending it to hey@trakflip.com

3. Service Limitations and Modifications

We will try to provide you with continued access to the Trakflip Service, but may change, stop, or impose conditions on the Trakflip Service or any feature at any time, in our sole discretion. We will take reasonable steps to notify you of any such changes by email or by providing notice on Trakflip's website or via in-app notification. The Trakflip Service may also experience temporary interruptions. Access to and availability of certain features and functionalities of the Trakflip Service may vary from device to device, and may be affected by a variety of factors, such as your locations and applicable license restrictions.

Trakflip has no liability to you, nor any obligation to provide a refund to you, in connection with any service outage or failure caused by the actions of any third party, or by events beyond Trakflip's control.

4. Third Party Applications

The Trakflip Service may utilize or interact with certain third-party applications, websites, platforms, devices and services ("Third-Party Applications"). Your use of these Third-Party Applications may be subject to their own respective terms of use and/or privacy policies. You understand and agree that Trakflip is not responsible or liable for the functionality, features, privacy or content of any Third-Party Application and does not make any representations regarding the functionality, features, content or accuracy of materials on any Third-Party Application. Trakflip does not guarantee that Third-Party Applications will be compatible with the Trakflip Service.

5. Feedback

You may, at your discretion, submit feedback, comments, suggestions or ideas about the Trakflip Service in connection with your use thereof ("Feedback"). Except as prohibited by applicable law, you hereby assign all right, title, and interest in such Feedback to Trakflip, and you agree that any such Feedback you provide shall not be deemed confidential and that Trakflip shall have the full right and ability to use any such Feedback in an anonymised form that will not reveal your identity, without any obligation to you, including but not limited to in connection with future product concepts and/or changes. Where the foregoing assignment is prohibited by law, you hereby grant Trakflip an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as we may determine in our sole discretion. This does not affect your privacy rights as provided in the Trakflip Privacy Notice.

6. Changes; Termination

This Agreement will continue to apply to you until terminated by either you or Trakflip. We may terminate this Agreement (including any additional terms and conditions incorporated or referenced herein) or restrict, suspend or terminate your access to the Trakflip Service, at any time without notice and without responsibility or liability to you, in our sole discretion, including if we stop providing the Trakflip Service (or a component thereof), or determine or suspect that: (a) you have violated this Agreement; (b) you are misusing the Trakflip Service; or (c) your use of the Trakflip Service is based on or in connection with any unlawful activity.

If you or Trakflip terminate this Agreement, or if Trakflip restricts or suspends your access to the Trakflip Service, you agree that Trakflip shall have no liability or responsibility to you.

You may terminate this Agreement at any time by contacting hey@trakflip.com. In all such cases, you may not continue accessing or using the Trakflip Service.

The clauses of this Agreement that by their nature would reasonably survive termination shall survive termination.

7. Notice to California Residents

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice which is hereby offered as a convenience to you:

The name and address of the provider to California residents of the Trakflip Service is Trakflip c/o Granderson Des Rochers LLP, 150 South Rodeo Dr., Suite 300, Beverly Hills, CA 90212. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or by email to hey@trakflip.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

8. Warranty Disclaimers

THE TRAKFLIP SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKFLIP DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. TRAKFLIP DOES NOT WARRANT THAT THE TRAKFLIP SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKFLIP MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE TRAKFLIP SERVICE OR ANY THIRD-PARTY APPLICATIONS (OR ANY CONTENT CONTAINED THEREIN), ANY THIRD-PARTY PRODUCTS OR SERVICES ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TRAKFLIP SERVICE OR ANY HYPERLINKED WEBSITE. INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, EFFICACY, OR TIMELINESS. TRAKFLIP SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY TRAKFLIP CONTENT, INFORMATION CONVEYED TO YOU THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS FROM WHATEVER CAUSE. YOU AGREE THAT YOUR USE OF THE TRAKFLIP SERVICE IS AT YOUR OWN RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRAKFLIP, AND ITS PARENTS, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS OR ASSIGNS (THE "TRAKFLIP PARTIES") BE LIABLE FOR (A) ANY, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES; OR (B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING FROM THE ACCESS, USE OR INABILITY TO USE THE TRAKFLIP SERVICE OR THE TRAKFLIP CONTENT.

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TRAKFLIP SERVICE IS TO UNINSTALL ANY TRAKFLIP SOFTWARE AND TO STOP USING THE TRAKFLIP SERVICE. EXCEPT WITH RESPECT TO CLAIMS OF FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY, IN NO EVENT WILL THE TRAKFLIP PARTIES' AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THESE TERMS, THE TRAKFLIP SERVICE, THIRD-PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO TRAKFLIP DURING THE TWELVE MONTHS PRIOR TO THE FIRST CLAIM; OR (B) $30.00.

WHERE MANDATORY ARBITRATION IS PERMITTED BY LAW, ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.

Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law. To the fullest extent permitted by law, the liability of TRAKFLIP arising from any error or other circumstance that may give rise to liability in relation to the TRAKFLIP Service shall – except for instances of any fraud, fraudulent misrepresentation, death or personal injury caused by Trakflip or Trakflip's employees, agents or sub-contractors negligence, gross negligence and willful misconduct - be limited to the amount paid by you for access to the Trakflip Service in the relevant month.

10. Indemnification

You agree to defend, indemnify, and hold Trakflip, and its parents, subsidiaries, employees, directors, agents, affiliates and representatives (collectively, the "Trakflip Parties") harmless from and against any claims, actions or demands, including, without limitation, reasonable attorney fees and costs, arising from, relating to or resulting from (a) your breach or alleged breach of this Agreement (including any additional Trakflip terms and conditions incorporated herein); (b) your access to or activity in which you engage on or through the Trakflip Service; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (e) your violation of any law or the rights of a third party.

11. Governing Law; Arbitration

These Terms will be governed by and shall be construed in accordance with the laws of the State of California, without regard to California's choice or conflicts of law principles.

This remaining part of this Section 15 is referred to as the "Arbitration Provision."

Any dispute or claim, except those that are resolved informally or brought in a small claims court, arising out of or relating in any way to one or more of the following: (1) the Agreement; (2) the Trakflip Service, or (3) any products or services sold or distributed by Trakflip or through Trakflip (collectively "Claims"), will, where permitted by law, be resolved by binding arbitration, rather than in court. You and Trakflip also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights unrelated to your use of the Trakflip Service.

This Arbitration Provision is intended to be given the broadest possible meaning under the law and shall be governed by the Federal Arbitration Act and applicable U.S. federal arbitration law. Any arbitration of any Claim hereunder shall apply California law and/or applicable federal law.

(a) General

You and Trakflip agree that any and all Disputes, except those that are resolved informally or brought in a small claims court, will be arbitrated by a neutral arbitrator who has the power to award the same individual damages and individual relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST TRAKFLIP.

(b) Pre-Filing Requirement to Attempt to Resolve Disputes

Before an arbitration is commenced, you or Trakflip agree to attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve a dispute informally. Both parties recognize that this is an important requirement, and that breach of this requirement would be a material breach of these Terms.

(c) Scope of Arbitration

If we are not able to resolve the Dispute by informal negotiation or, as provided below, in a small claims court, all Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator (the "Arbitrator") administered by the American Arbitration Association according to this Section and the Commercial Arbitration Rules for that forum.

(d) Small Claims Court

Subject to applicable jurisdictional requirements, either party may elect to pursue a dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis.

(e) Arbitration Procedures

The Federal Arbitration Act, 9 U.S.C. §§ 1-16, including its procedural provisions, fully applies. Any arbitration hearing will occur in Los Angeles, California, at another mutually agreeable location or, if both parties agree, by telephone or videoconference.

(f) Arbitration Fees

In accordance with the AAA Rules, the party initiating the arbitration (either you or us) is responsible for paying the applicable filing fee.

(g) Right to Opt Out

You may reject this Arbitration Provision, in which case only a court may be used to resolve any Dispute. To reject this provision, you must send us an opt-out notice (the "Opt Out") within thirty (30) days after you submit any information to Trakflip or we first provide you with the right to reject this provision.

The Opt Out must be mailed to Trakflip, Attn: Trakflip Arbitration Provision, Trakflip, c/o Granderson Des Rochers, 150 S. Rodeo Dr., Suite 300, Beverly Hills, CA 90212.

You can access the opt out notice form here.

(h) Court Proceedings

Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings (other than small claims actions as discussed above) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Los Angeles, California, or federal court for the Southern District of California.

12. Miscellaneous

Trakflip may assign this Agreement, and may assign or delegate, in whole or in part, any of its rights or obligations under this Agreement. You may not assign this Agreement, in whole or in part, nor transfer or sub-license your rights under this Agreement, to any third party. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect.

You may have certain rights that cannot be limited by contract under applicable law. These Terms in no way intend to restrict those rights. Any failure by Trakflip or any third-party beneficiary to act on or enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision of this Agreement.