Last Modified: January 23, 2023
By accessing, using, or visiting tracy.info (the “Website”), any of its content, functionalities, and services, you signify your agreement to these Terms of Service and our Privacy Policy incorporated herein by reference. Tracy (tracy.info) is a service provided by Tracy, LLC.
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY TRACY.INFO. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE Tracy WEBSITE AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING TRACY.INFO), OR APPLICATIONS OFFERED FROM TIME TO TIME BY Tracy IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Ability to Accept Terms of Service
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing the Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, please do not use the Website. You also represent that the jurisdiction from which you access the Website does not prohibit the receiving or viewing of sexually explicit content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information that will help us determine that you are over the age of majority required to have access to the Website and to view its contents. For more information on how this information is processed, please review our Privacy Policy. Failure to, when required, provide us and/or our third-party age verification service providers with information that will help us determine that you are over the age of majority required to have access to the Website and to view its contents will lead to the termination or suspension of your access rights to all or part of the Website.
You are responsible for:
making all arrangements necessary for you to have access to the Website, and
ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
Acceptance of Terms of Service
The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by Tracy. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Tracy from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
Tracy may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
About The Website
The Website may contain links to third-party sites that are not owned or controlled by the Website or its operator. The Website has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party sites. In addition, the Website will not and cannot censor or edit the content of any third-party site. By using any of the Website, you expressly relieve us from all liability arising from your use of any third-party sites. Accordingly, we encourage you to be aware when you leave the Website and to read the terms, conditions, and privacy policies of each other sites that you visit.
The Website is for your personal use and shall not be used for any commercial endeavor except those specifically endorsed or approved by the Website.
The Website is for aspiring authors. Other categories of content may be rejected or deleted at our sole discretion. In our sole discretion and at any time, we may remove any content on the Website.
You understand and acknowledge that when using the Website, you will be exposed to content from a variety of sources and that the Website is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Website with respect thereto, and agree to indemnify and hold the Website, its operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Age Requirements
By accessing the Services, you confirm that you’re at least 18 years old and meet the minimum age of digital consent in your country. No assurances are made as to the suitability of the Assets for you.
DMCA and Takedowns Policy
Tracy utilizes artificial intelligence systems to produce the Assets. Such Assets may be unintentionally similar to copyright-protected material or trademarks held by others. We respect rights holders internationally and ask our users to do the same. If you believe the Service is infringing your copyright or trademark, please write to support@tracy.info, and we will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws with respect to any alleged or actual infringement.
Modification of Terms of Service
At its sole discretion, Tracy may modify or replace any of the Terms of Service or change, suspend, or discontinue the Service (including, without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Tracy websites or Service or by sending you an email. Tracy may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Licensing Terms
Subject to your compliance with this Agreement, the conditions herein, and any limitations applicable to Mighty or by law: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Service for personal use; (ii) we hereby assign to you all rights, title, and interest in and to such Assets for your personal use. Otherwise, Tracy reserves all rights not expressly granted under these Terms of Service. Each person must have a unique account, and you are responsible for any activity conducted on your account. A breach or violation of any of our Terms of Service may immediately terminate your right to use our Service.
By using the Services, you grant to Tracy, and its successors, and assign a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare Derivative Works of, publicly display, publicly perform, sublicense, and/or distribute text prompts and images you input into the Services or Assets produced by the Service at your direction. This license authorizes Tracy to make the Assets available generally and to use such Assets as needed to provide, maintain, promote, and improve the Services, comply with applicable laws, and enforce our policies. You agree that this license is provided with no compensation paid to you by Tracy for your submission or creation of Assets, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Service and to use those Assets (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Service. The license to Tracy survives termination of this Agreement by any party, for any reason.
Fees and Payments
Tracy is a paid Service, payable in U.S. dollars. Except when required by law, paid fees are non-refundable.
Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, and we may invoice you for such Taxes. You agree to pay such Taxes timely and provide us with documentation showing the payment or additional evidence that we may reasonably require. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment. You may not create more than one account to benefit from the Free tier of our Services. If we believe you are not using the Free tier in good faith, we may charge you standard fees or stop providing access to the Services.
Refunds and Returns Policy
At Tracy, we are committed to providing excellent service. However, due to the nature of the services we provide, we maintain a strict no-refund policy. Once a transaction has been completed, it is considered final. We understand that situations may arise where customers may wish to inquire about a potential refund. We encourage any customer with concerns or questions about this policy to reach out to us directly. We are available at support@tracy.info and always welcome the opportunity to discuss your unique situation.
Please understand this policy is in place to ensure we can continue delivering the high-quality service you’ve come to expect from Tracy. Your understanding is greatly appreciated. Inquiries into our refund policy will be addressed on a case-by-case basis by our support team. However, please be aware that these inquiries do not guarantee a change in the outcome; typically, all sales are considered final. We value your business and strive to provide the best service possible. We encourage open dialogue and appreciate your understanding of our refund policy. For any other questions or concerns, do not hesitate to contact our customer support team at support@tracy.info. We are here to help and will respond as quickly as possible to assist you.
Rate Limits
Tracy reserves the right to implement rate limits for users of the Service, both Pro and Free, to maintain the site’s functionality and performance. These rate limits may include restrictions on the frequency and volume of requests made to the Service and may be adjusted from time to time at the sole discretion of tracy.info. Users agree to abide by any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service. Paid members are limited to 100,000 AI-generated words per month. Any use beyond that may find the user’s account limited.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that the Terms of Service prohibit. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets, or our models or derivatives of our models) that: would constitute a violation of any applicable law, rule or regulation; infringes upon any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm or profane; creates Assets that exploits or abuses children; generates or disseminates verifiably false information with the purpose of harming others; impersonates or attempts to impersonate others; generates or disseminates personally identifying or identifiable information; creates Assets that implies or promotes support of a terrorist organization; creates Assets that condone or promote violence against people based on any protected legal category.
Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Tracy’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Tracy may use to prevent or restrict access to the Service (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); and (vi) reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without our express written permission.
Termination
Tracy may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
Indemnification
You shall defend, indemnify, and hold harmless Tracy, its affiliates, and each of its and its affiliate’s employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. Tracy reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Tracy in connection therewith.
Limitation of Liability
IN NO EVENT SHALL Tracy OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Disclaimer
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE Tracy WEB APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU USE THE WEBSITE AT YOUR SOLE RISK. WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITE AND GOODS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITE. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR OUR SERVICES. THE WEBSITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR OUR SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE WEBSITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Miscellaneous
The Terms of Service are the entire agreement between you and Tracy with respect to the Service and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Tracy with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tracy shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Tracy’s reasonable control. The Terms of Service are personal to you and are not assignable or transferable by you except with Tracy’s prior written consent.
Tracy may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service, and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under the Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed if transmitted by facsimile or e-mail; or two days after it is sent if sent for next day delivery by recognized overnight delivery service.
