Terms of Service

Terms of Service

Last Updated: September 3, 2026

1. Acceptance of Terms

Welcome to TraceOverlay ("we," "our," or "us"). By accessing or using our website traceoverlay.com, our hosted services, or our native mobile app (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and TraceOverlay.

2. Description of Service

TraceOverlay is an augmented-reality art tracing service that allows artists to overlay reference images on a device camera feed for tracing. It is available as two related experiences:

  • Hosted website and services: An account-based web experience with the subscription described below.
  • Native mobile app: A no-account iPhone, iPad, and Android tracing tool with an included Mona Lisa study and an optional one-time Unlock purchase for personal image import and the on-device reference shelf.

Features include:

  • Camera-based image overlay for art tracing
  • Local image management (your images never leave your device)
  • Adjustable opacity and filters
  • Grid overlay for alignment
  • Mirror mode for symmetry

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with or without notice.

3. User Accounts

3.1 Account Creation

The native mobile app does not require a TraceOverlay account. To use certain hosted website features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your account information
  • Accept responsibility for all activities under your account
  • Keep your password secure and confidential

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials. You agree to notify us immediately of any unauthorized use of your account.

3.3 Account Termination

We reserve the right to:

  • Suspend or terminate your account at any time for any reason
  • Terminate accounts that are inactive for extended periods
  • Refuse service to anyone for any reason

4. Purchases and Payment Terms

4.1 Hosted Subscription

The hosted website offers a subscription with the trial, renewal period, and current price shown on the pricing and checkout pages. Storefront prices, taxes, and promotional terms may vary.

4.2 Native App Unlock

The native mobile app includes the Mona Lisa study and all tracing tools without a purchase. Personal image import and the private on-device reference shelf are available through a one-time, non-consumable Unlock purchase. The current price is shown by Apple App Store or Google Play before purchase. Unlock is not a subscription and does not renew.

Apple or Google processes the native purchase under its own terms and privacy policy. TraceOverlay does not receive your payment-card details. You can use Restore purchase in the app while signed in to the store account that made the purchase.

4.3 Fees and Payment

  • You agree to pay the fees shown before confirming a hosted subscription or native purchase
  • Hosted billing is processed by Stripe; native billing is processed by Apple or Google
  • All fees are non-refundable except as required by law
  • Prices and taxes may vary by country, currency, and storefront
  • We may change future prices as permitted by the applicable billing provider and law

4.4 Hosted Billing and Renewal

  • The hosted subscription automatically renews unless cancelled
  • You authorize us to charge your payment method automatically
  • You must provide current, complete, and accurate payment information
  • If hosted payment fails, we may suspend paid hosted access

4.5 Cancellation and Refunds

  • You may cancel the hosted subscription at any time; cancellation takes effect at the end of the current billing period
  • Native Unlock is a one-time purchase and therefore has no recurring plan to cancel
  • Requests concerning a native purchase, charge, or refund must be submitted to Apple or Google under the applicable store policy
  • Refunds are otherwise provided only when required by law or the applicable billing provider's policy

5. Acceptable Use Policy

You agree not to:

5.1 Prohibited Activities

  • Use the Service for any illegal purpose or in violation of any laws
  • Reverse engineer, decompile, or disassemble the Service
  • Access the Service using automated means (e.g., bots, scrapers)
  • Introduce viruses, malware, or harmful code
  • Interfere with or disrupt the Service or servers
  • Attempt to gain unauthorized access to any portion of the Service
  • Use the Service to transmit spam or unsolicited communications
  • Impersonate any person or entity

5.2 Enforcement

We reserve the right to investigate and take appropriate action against violations, including account termination.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by TraceOverlay and are protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

Camera frames and selected reference images in the native app are processed locally on your device and are never uploaded to our servers. You retain full ownership of your images and artwork. Hosted-service data practices are described separately in our Privacy Policy.

6.3 Feedback

If you provide feedback or suggestions about the Service, you grant us the right to use such feedback without obligation to compensate you.

7. User Data and Privacy

Your use of the Service is governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, and protect your information.

8. Service Availability and Support

8.1 Uptime

We strive to provide reliable service but do not guarantee uninterrupted access. We target 99.9% uptime, excluding scheduled maintenance.

8.2 Maintenance

We may perform scheduled maintenance with reasonable notice. Emergency maintenance may be performed without notice.

8.3 Customer Support

Support is available at traceoverlay.com/support or by email at [email protected]. We aim to respond within two business days.

9. Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACEOVERLAY SHALL NOT BE LIABLE FOR:

  • Indirect, Incidental, Special, or Consequential Damages: Including lost profits, data loss, or business interruption
  • Amount Exceeding Fees Paid: Our total liability shall not exceed the fees you paid for the Service in the 12 months preceding the claim
  • Third-Party Actions: Damages caused by third parties
  • Force Majeure: Failures due to events beyond our reasonable control

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. The above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless TraceOverlay from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights

11. Termination

11.1 Termination by You

You may terminate a hosted account at any time by:

  • Going to Account Settings and cancelling the hosted subscription
  • Contacting [email protected]

The native app has no TraceOverlay account to terminate. You can delete the app and its local data through your device. Store transaction records remain subject to Apple or Google's policies.

11.2 Termination by Us

We may suspend or terminate your account immediately if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activities
  • Fail to pay fees when due

11.3 Effect of Termination

Upon termination:

  • Your right to use terminated hosted services will end
  • We may delete hosted account data after 30 days
  • You remain liable for all fees incurred before termination

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the new Terms on our website
  • Sending an email notification
  • Providing at least 30 days' notice before changes take effect

Your continued use of the Service after modifications constitutes acceptance of the new Terms.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of California, United States, without regard to conflict of law provisions.

13.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved in the courts of California.

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or representative actions.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TraceOverlay.

14.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force.

14.3 Waiver

Our failure to enforce any right or provision will not be deemed a waiver of such right.

14.4 Assignment

You may not assign these Terms without our prior written consent.

15. Contact Information

If you have questions about these Terms, please contact us:

Terms Version: 1.2 Effective Date: September 3, 2026

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