Traklist is software in the format of web-based and iOS-based programs accessible through internet browsers and handheld mobile devices (the “Application”) owned and operated by Traklist, LLC (the “Company”). The Company also maintains and operates www.traklist.com and app.traklist.com (the “Website”).

GENERAL AND DEFINITIONS

The term “Application,” in addition to the definition set forth above, includes and refers to:

• The web-based application accessible at app.traklist.com and through supported browsers on mobile devices, tablets, laptops, and desktop computers;

• The iOS mobile software application accompanying this Agreement;

• All associated software code, algorithms, scripts, interfaces, graphics, displays, text, content, documentation, APIs, databases, and other components;

• Any updates, modifications, patches, upgrades, or enhancements to the foregoing, whether automatically deployed or otherwise; and

• Any website, web portal, dashboard, or interface operated by the Company and linked to or integrated with the Application.

LICENSE GRANT

The Company grants You a revocable, worldwide, non-exclusive, non-transferable, personal, royalty-free, limited license to access, install, and use the Application and its features in the United States and European Union—including but not limited to “Sign Up,” “My Library,” “Browse,” “Favorites,” “Chat,” “Groups,” “Search,” “Feedback,” “Reviews,” “Notifications,” “Storage,” “Files,” “Folders,” “Subscriptions,” “Music Player,” “Share,” “Artwork,” “Notes,” “Account,” and “Profiles”—on compatible mobile devices and through supported web browsers on devices controlled by You.

You may not access the Application if you are a direct competitor of the Company, except with the Company’s prior written consent. You agree that at all times while using the Application that you will comply with all Applicable Federal, State, international, and local laws.

RESTRICTIONS ON USE

You shall not:

• Post unlawful, infringing, hateful, discriminatory, or otherwise offensive content.

• Stalk, harass, impersonate, or abuse others.

• Remove, alter, or obscure any proprietary notices on the Application.

• Circumvent, disable, or interfere with security-related features.

• Use automated tools (bots, spiders) to access the Application.

• Decompile, reverse engineer, or modify any portion of the Application.

• Use the Application for creating a competitive product.

ACCOUNT AND SUBSCRIPTION TERMS

• Subscription fees are non-refundable.

• If You fail to renew Your paid membership, Your account will be downgraded automatically to a Free plan, with storage limits.

• If Your account exceeds the storage limit after downgrade, You will be unable to upload additional files until You delete files to stay within limits.

• The Company may delete any User files stored in Traklist after thirty (30) days of a cancelled billing cycle unless You reactivate and make a payment.

INTELLECTUAL PROPERTY RIGHTS

• All content and functionalities remain the property of the Company, including but not limited to software code, text, graphics, and any derivative works thereof.

• By submitting User-Generated Content, You grant the Company a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, access, modify, display, upload, perform, and otherwise use it.

THIRD-PARTY SERVICES

• The Application may integrate third-party services such as payment processors.

• The Company is not responsible for third-party content, services, or transactions.

• Users are responsible for reviewing and complying with any third-party terms.

LIABILITY & DISCLAIMERS

• The Application is provided "as is" with no warranties.

• The Company is not liable for indirect, incidental, or consequential damages.

• The Company is not responsible for service interruptions, unauthorized access, or data loss.

• You acknowledge and agree that You bear sole responsibility for backing up your content.

DISPUTES & ARBITRATION

• All disputes must be resolved via binding arbitration in California.

• No class action lawsuits are permitted.

• Users agree to cover legal fees incurred by the Company in case of legal claims.

PRIVACY POLICY

• The Company collects and processes personal data as outlined in its Privacy Policy.

• Personal data includes email addresses, payment information, and usage data.

• Users may opt out of marketing emails.

TERMINATION

• The Company may terminate Your access at any time without notice.

• Termination results in loss of access to all stored files and content.

• You may terminate Your account at any time; all data will be deleted accordingly.

GENERAL PROVISIONS

• Export Compliance: Users must comply with U.S. export control laws.

• Modifications: The Company may modify this Agreement at any time.

• Governing Law: This Agreement is governed by California law.

• Contact: support@traklist.com