Terms and Conditions

A generic introduction of ourselves and what the app aims to do

1. Scope of the App services

1.1. TracePe Private Limited (“TracePe”) is the owner and controller of ‘TracePe’ which is a web-based smartphone application that provides enables users to track, manage and split their subscription related bills and includes other related facilities and services offered from time to time on TracePe currently or in the future, where such services can be accessed via the internet either on mobile and desktop/laptop (“TracePe”). As part of subscription management, any request (cancellation/upgrade) placed by the user will be worked upon within a turnaround time of 3 working days.

1.2. By accessing and using our Services (defined below), you (“Our User”) are agreeing to these terms and conditions contained hereinafter (“Terms of Service” or “Terms”). We, TracePe Private Limited, including its affiliates & subsidiaries, strongly urge you to read the Terms of Service in detail before registering, accessing or using the App Services. Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion or new feature and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services. Your use of App Services will be considered as your acceptance of the supplemental terms. We strongly recommend you read the supplemental terms for each service given below or within the App from time to time.

1.3. We may amend the Terms at any time by posting an updated version on the App. The updated version of these Terms shall supersede the previous version of the Terms and take effect immediately upon posting and may be notified, via the App. You have the right to opt-out of agreeing to these Terms or any future updated version of the Terms, and therefore also using the App. If you are not comfortable with any of the Terms or do not wish to be bound by the same, you are at liberty to refrain from using the App and the App Services. However, please be aware that your continued use of the App Services for a period of 7 (seven) days from the launch of any updated Terms would mean deemed acceptance of these Terms and its associated policies mentioned here, including any modification thereof.

1.4. For the purpose of these Terms of Use, wherever the context so requires, the term “User” shall mean and include any natural or legal person who has agreed to these Terms of Use on behalf of itself or any other legal entity.

1.5. It is clarified that the Privacy Policy (that is provided separately), forms an integral part of these Terms of Use and should be read contemporaneously with the Terms of Use. Illegality or unenforceability of one or more provisions of these Terms of Use shall not affect the legality and enforceability of the other terms of the Terms of Use. For avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of the provisions of these Terms of Use shall be binding upon the User.

2. Eligibility

2.1. By registering with TracePe and using the App Services, you are representing the following:
1. You are 18 years of age or older.
2. You are capable of entering into a legally binding agreement.
3. You are not barred or otherwise legally prohibited from accessing or using TracePe & the App Services.

2.2. If you allow anyone to use your account, including individuals under 18 years of age, you will still be responsible for ensuring that such individuals comply with the terms. You will be responsible for all actions these individuals take in and/or through your account. You also acknowledge that TracePe does not have the responsibility of ensuring that you meet the aforesaid requirements. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes.

2.3. Please be aware that TracePe reserves the right to revoke your access to the TracePe App or App Services, subject to our reasonable discretion. In this regard, we may also choose to suspend your TracePe Account or your access to the same. As a registered User, in such an event, you may contact our support team to assist you/resolve the situation.

3. Your Use of TracePe:

1. When you use our App, you are representing to us that:

2. Your use of the App shall not violate any applicable law or regulation, and that you fulfil the eligibility criteria set forth under Section 2.

3. All registration information you submit is truthful, complete and accurate and you agree to maintain accurate, complete and up-to-date account information in your Account.

4. You are responsible for all activity that occurs under your Account. Unless otherwise permitted by TracePe in writing, you may only possess one Account.

5. You are responsible for maintaining the confidentiality of the access TracePeentials of your account and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your passcode or Account or any other breach of security.

6. Your personal and non-commercial use of the App prevents you from decompiling, reverse engineering, disassembling content, removing any intellectual property right associated with our App, including copyright, trademarks, trade secrets, designs, and patents, or other proprietary notices.

7. You shall not access or use the App in any manner that may be harmful to the operation of the App or its content.

8. You shall not use any product or service available on the App for commercial purposes, or use the App Services in any way that is unlawful, or harms TracePe or any other person or entity.

9. You will not post, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the App or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the App.

10. You will not delete or modify any content of the App, such as legal notices, disclaimers or proprietary notices, copyright or trademark symbols and logos.

11. Your use of TracePe shall indicate that you have provided consent to automatically receive requested updates such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, ‘Updates’), for the purpose of effective delivery of the App Services. Please note that your continued use of the App following such Updates would mean deemed acceptance by you of the same.

12. You understand and accept that not all products, services and rewards offered on this App are available in all geographic areas and you may not be eligible for all the products, services and rewards offered by TracePe on the application. TracePe reserves the right to determine the availability and eligibility for any product, services and rewards offered on the App.

13. You shall request TracePe to block the Account and change the passcode immediately for the Account, if your Device has been lost or stolen.

4. Violation of Terms of Use/Suspicious Activity

4.1. If we believe that you have violated any of the conditions as mentioned under these Terms or our Privacy Policy, we reserve the right to suspend your access to the App and/or delete your Account without prior notice to You. If we have reason to believe that there is suspicious or unusual activity being carried out through your account, we may temporarily or permanently suspend your access to the App Services. You may reach out to the TracePe support team to assist you with any query or question arising as a result of the afore-mentioned suspension/ deletion to resolve the same.

4.2 You may end your legal agreement with TracePe at any time by deactivating your account and discontinuing the use of the App Services. We provide all our Users an option through which a User may request an archive of a specific Card stored on his/her account or deletion/deactivation of the complete account through the support section on the TracePe App. Following such a request, we consider the agreement to be terminated and take appropriate steps.

5. Privacy - Link to Privacy Policy

We collect, hold, use and transfer your personal data in accordance with our Privacy Policy. By agreeing to the Terms of Use, you hereby agree to our Privacy Policy, which may be updated and/or modified by us from time to time. You understand and agree that, to the extent permitted by applicable law, any data provided by you in connection with the App Services may be shared with our affiliates or partners, and/ or used by us for enhancing the App Services, including but not limited to creating new products. Please refer to the Privacy Policy for further clarity on the subject.

6. Disclaimer

6.1 The App Services, including all content, software, functions, material, and information made available or accessible through the Services are provided “as is”. TracePe, their respective agents, co-branders or partners, make no representation and warranty of any kind for the content, software, functions, material, and information available/accessible through the Services.

6.2 TracePe does not warrant that the functions contained in content, information and materials on the App, including, without limitation any third-party sites or services linked to the App will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information, and materials available are free of viruses or other harmful components.

6.3 Further, You understand that a payment transaction is solely between the User who uses the App Services to make his payment (“Sender”) and the User who receives such payment from the Sender (“Recipient”) and that TracePe does not provide any guarantees or warranties with respect to any User or any service, goods, or delivery level commitment provided by such User. TracePe cannot assure that other users are or will be complying with the foregoing rules or any other provisions mentioned here. You assume all risk of harm or injury resulting from any such lack of compliance by any other user or any person. You should ensure that you have undertaken adequate due diligence prior to transferring payments using the App Services.

7. Limitation of Liability

7.1 In no event shall TracePe, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, or contractors be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages or losses whatsoever, or damages for loss of data or profits, goodwill, and/ or other intangible loss, whether or not foreseeable and regardless of whether TracePe has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of, or access to, the App or App Services.

7.2 In no event shall TracePe total cumulative liability to You in connection with the App Services for all damages, losses and causes of action, arising from or relating to these terms and conditions exceed the net fees TracePe has actually received and retained from your valid transactions during the three (3) month period immediately preceding the date of the claim.

8. Indemnity

You agree to defend, indemnify and hold harmless TracePe, its officers, owners, directors, employees and agents, partners, co-branders, licensors, licensees, consultants, contractors and other applicable third parties (collectively ‘Indemnified Parties’) from and against any and all claims, demands, damages, obligations, losses, liabilities, cause of action, costs or debt, and expenses (including any legal fees) arising from:

● Your use of and access to the App.

● Your violation of any of these terms.

● Your violation of any third party right, including any intellectual property right or privacy right.

● The committing of any of the prohibited activities as stated here;

● Your failure to be in compliance with applicable law, including tax regulations; or any claim that your use of the App caused damage to a third party.

9. Disputes & Arbitration

9.1. In consideration for TracePe granting you access to and use of the app Services, you agree that in case of any dispute between the Sender and Recipient, TracePe shall not be a party to the same. While TracePe is not obligated to mediate disputes, we will assist users in communicating with each other regarding a dispute.

9.2 b. Except as otherwise set forth in these Terms, these Terms shall be exclusively governed by and construed in accordance with the laws of India. Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the App Services or these Terms, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 (“Act”). The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the Act. The place of both mediation and arbitration shall be Hyderabad, India. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless:

(i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings;

(ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

10. Usage & Protection of IPR

10.1. TracePe and the App Services are protected by copyright, trademarks, patents, trade secret and/or other intellectual property laws. No information, content or material from the App including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without TracePe's express written permission. You are hereby given a limited licence to use the App Services, subject to your agreement of these Terms. All of the above mentioned information, content or material is our and our licensor’s intellectual property.

10.2. TracePe and its licensors, if any, are the sole owners of the underlying software and source code associated with the App Services and all the trademarks, copyright an any other intellectual property rights of any nature in the Product.

10.3. When you upload, submit, store, send or receive content that may include feedback to or through our App, you give TracePe a worldwide, perpetual licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. This licence shall not revert to you even if it is not used by TracePe . The rights you grant in this licence are for the limited purpose of operating, promoting, and improving the App Services, and to develop new ones. This licence continues even if you stop using the App Services.

11. Governing Law and Jurisdiction

The App, the App Services, all your transactions with the App, and our relationship shall be governed by the laws of India, without regard to conflict of law principles. You agree that all claims, differences and disputes which we may have shall be subject to the exclusive jurisdiction of the competent courts located in Hyderabad.

12. Assignment

12.1. The licence granted hereunder to You shall not be transferred or assigned by you.

12.2. You give your approval to TracePe for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or an affiliate.

(i) a subsidiary or an affiliate

(ii) an acquirer of TracePe's equity, business or assets.

(iii) a successor by merger.

13. General

No joint venture, partnership, employment or agency relationship exists between you, TracePe or any Third Party as a result of the contract between you and TracePe or the use of the App Services. If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to”.

14.Contact us

If you have any concerns, complaints or grievances about the terms or other users or their manner of use of the application infringe or violate your rights or any complaints about how we handle your personal information, please feel free to contact us at the below e-mail address any time:

Email: support@tracepe.com (Should we change this to a more serious support one)