Terms of Use

Welcome to Backtrack. These Terms of Use ("Terms") are a binding legal agreement between you and Backtrack App LLC ("Backtrack," "we," "us," or "our"), the company that provides the Backtrack mobile application (the "App") and our website at https://backtrackapp.ai (the "Website," and together with the App, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

PLEASE READ THESE TERMS CAREFULLY. They contain a binding individual arbitration provision and a class action waiver ("Dispute Resolution; Binding Arbitration; Class Action Waiver") that affect how disputes between you and us are resolved, a disclaimer of warranties, and limitations on our liability. They also explain that Backtrack stores your content only on your device, does not back it up, and that you are solely responsible for preserving your own data.

I. Eligibility

You must be at least 13 years old to use Backtrack. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service. By using Backtrack, you represent and warrant that you meet these eligibility requirements, that all information you provide to us is accurate and current, that you are not located in any country subject to a U.S. government embargo or designated as a "terrorist-supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

II. Account Registration

To use Backtrack, you must create an account with your email address. Sign-in is passwordless: a one-time code is sent to your email. Your email is required so we can tie your account to your subscription. You are responsible for:

• Maintaining access to and security of the email address used for sign-in
• All activity that occurs under your account
• Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms.

III. Subscription and Billing

III.I Initial 30-Day Free Period

When you sign up for a monthly or yearly subscription, your first payment will not be charged for 30 days. During this initial period, you have full access to the Service. You may cancel at any time before the end of this 30-day period to avoid being charged.

III.II Subscription

All capture and storage of your memory entries happens entirely on your device. You have access to the Service during the initial 30-day free period, and a monthly or yearly subscription is required to continue using paid features after that period.

III.III Billing and Automatic Renewal

Your first charge will occur at the end of the initial 30-day free period unless you cancel before then. After that first charge, your subscription will automatically and continuously renew and be billed at the interval you selected (monthly or yearly) at the then-current price, until you cancel. By subscribing, you authorize the Apple App Store (iOS) or Google Play Store (Android) to charge your payment method on this recurring basis until you cancel. Subscriptions are billed through, and your payment information is handled solely by, the applicable app store. Pricing is displayed in your local currency at the time of purchase.

III.IV Cancellation

You may cancel your subscription at any time through your App Store or Google Play subscription settings. Upon cancellation:

• If you cancel before the end of the initial 30-day free period, you will not be charged.
• If you cancel after your first payment, you will retain access to the Service until the end of your current billing period.
• No refunds will be issued for the remaining portion of the current billing period, and all payments are non-refundable except where required by law.
• Your locally stored data will remain on your device.

Because all billing is handled by Apple or Google, refund requests are governed by the App Store or Google Play refund policies. We do not control, and generally cannot issue, refunds for app store purchases.

III.V Price Changes

We may change subscription prices at any time. Price changes will take effect at the start of your next billing period. We will provide notice of price changes through the App or via email. If you do not agree with a price change, you may cancel your subscription before the change takes effect.

IV. Acceptable Use

You agree to use Backtrack only for lawful purposes and in accordance with these Terms. You are solely responsible for Your Content (defined below) and for the consequences of capturing, storing, or using it. You agree not to:

• Use the Service for any purpose that is illegal or prohibited by these Terms
• Store, capture, or use any content that you do not have the right to store, or that infringes or violates the intellectual property, privacy, publicity, or other rights of any person
• Use the Service to stalk, harass, abuse, defame, or harm any person, or to capture images, video, or location of any person without their consent where consent is required by law
• Attempt to gain unauthorized access to the Service, other accounts, or our systems
• Reverse engineer, decompile, or disassemble the App or any portion thereof, except to the extent this restriction is prohibited by applicable law
• Interfere with or disrupt the integrity or performance of the Service
• Use the Service to store, transmit, or distribute malware or other harmful content
• Use automated means (bots, scrapers, etc.) to access the Service
• Resell, sublicense, or commercially exploit the Service without our prior written consent
• Export or re-export the App in violation of any applicable export control or sanctions laws

V. Your Content and Data Ownership

V.I Ownership

You retain full ownership of all content you create or store using Backtrack, including text entries, photos, videos, and location data ("Your Content"). We do not claim any ownership rights over Your Content.

V.II License to Us

To provide the Service, you grant us a limited, non-exclusive, royalty-free license to process Your Content solely as necessary to operate the App on your device. This license terminates when you delete Your Content or your account.

V.III Media Handling

Photos and videos in Backtrack are referenced from your device's photo library — they are not copied into the App or uploaded to our servers. If you delete a photo or video from your device's photo library, it will no longer be accessible in Backtrack. We are not responsible for media that becomes inaccessible due to deletion from your device library or changes in device permissions.

V.IV Data Portability

You may request a copy of your account data at any time by contacting us at support@backtrackapp.ai.

VI. Data Storage, Backup, and Loss of Data

Backtrack is a local-first application. You acknowledge, understand, and agree to the following, which are a fundamental basis of the bargain between you and us:

• All of Your Content is stored exclusively on your device. We do not store, host, sync, or maintain a copy of Your Content, and we have no ability to access, retrieve, restore, or recover it.
• We do not provide any backup service for Your Content, and we do not back up Your Content. You are solely and entirely responsible for independently backing up and preserving Your Content.
• Your Content may be permanently and irrecoverably lost or deleted as a result of, among other things: uninstalling or reinstalling the App; loss, theft, damage, malfunction, resetting, or replacement of your device; deletion of media from your device's photo library; changes to device or app permissions; operating system or software updates; or your own actions. We are not responsible for, and disclaim all liability arising from, any such loss or deletion.
• You assume all risk associated with storing Your Content only on your device. If preserving any memory or piece of content is important to you, you must maintain your own independent copy or backup of it outside of Backtrack.

VII. No Reliance; Not for Medical, Emergency, or Critical Use

Backtrack is a general-purpose personal memory and note-taking tool provided for your convenience. It is not a medical device and is not intended to diagnose, treat, cure, prevent, or manage any disease, medical or mental health condition, or disability, including (without limitation) Alzheimer's disease, dementia, or any other cognitive condition. Any references to memory care or similar use cases describe optional, non-medical ways some people choose to use the App and are not medical advice or a representation of medical benefit.

Backtrack is not intended for and must not be relied upon for any emergency, life-safety, medical, legal, financial, or other critical purpose, or for any situation where the failure, unavailability, inaccuracy, or loss of data could lead to death, personal injury, or significant property, financial, or other damage. You are solely responsible for independently verifying any information you store, and for any decisions you make. Do not rely on the Service as your sole record of any important information.

VIII. Intellectual Property

VIII.I Our Intellectual Property

The Service, including the App, Website, and all associated software, designs, text, graphics, and other content (excluding Your Content and the third-party components described below), is owned by Backtrack App LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our prior written consent.

If you choose to provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose, without any obligation or compensation to you.

VIII.II Third-Party Components; Gemma Terms of Use

Backtrack's on-device semantic search is powered by EmbeddingGemma, a machine learning model developed by Google. The App downloads the model files to your device during setup, and they run entirely offline on your device thereafter. We distribute a converted and quantized version of EmbeddingGemma suitable for on-device inference; that version is a Model Derivative under, and remains subject to, the Gemma Terms of Use.

Gemma is provided under and subject to the Gemma Terms of Use, found at ai.google.dev/gemma/terms.

By using Backtrack, you agree that your use of the Gemma model distributed with the App is subject to those terms, and you agree to comply with the Gemma Prohibited Use Policy, found at ai.google.dev/gemma/prohibited_use_policy. These restrictions apply in addition to the "Acceptable Use" section above. Google is not a party to these Terms and provides the model "as is" without warranties of any kind; Google is not liable for your use of the model. Gemma and Google are trademarks of Google LLC, and nothing in these Terms grants you any rights in those marks.

The App also includes other third-party open-source components, each of which remains subject to its own license. A list of these components and their licenses is available on request at support@backtrackapp.ai.

IX. Privacy and Your Data

Your memory entries (text, photos, videos, and locations) are stored exclusively on your device. The content of your entries is never sent to our servers or to any third party, and is never used to train, improve, or develop any AI or machine learning models. Semantic search runs on your device using an embedding model the App downloads to your device during setup (see "Third-Party Components; Gemma Terms of Use" above).

Account, subscription, and diagnostic data — for example, your email, subscription state, crash reports, and aggregate usage metrics — are processed on our servers and through the third-party services listed in our Privacy Policy to provide core functionality. This data never includes the content of your entries. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

X. Service Availability

We strive to keep the Service available at all times but do not guarantee uninterrupted access. The Service may be temporarily or permanently unavailable, modified, suspended, or discontinued, in whole or in part, at any time and without liability to you, due to maintenance, updates, discontinuation of the App, or circumstances beyond our control. The App functions fully offline — no internet connection is required for capture or browsing your memories.

XI. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BACKTRACK APP LLC AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF MEMORIES OR CONTENT, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. We are not responsible for any loss of, or inability to access, Your Content, including loss due to device failure, deletion of media from your device library, uninstallation, or any cause described in the "Data Storage, Backup, and Loss of Data" section. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you; in such cases our liability is limited to the smallest amount permitted by law.

XII. 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE, ACCURATE, OR COMPLETELY SECURE, OR THAT YOUR CONTENT WILL BE PRESERVED, BACKED UP, OR FREE FROM LOSS OR CORRUPTION.

We do not guarantee that the App will meet all of your requirements or expectations, that search results will be accurate or complete, or that any defects will be corrected. You use the Service at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

XIII. Indemnification

You agree to indemnify, defend, and hold harmless Backtrack App LLC and its owners, officers, directors, members, employees, contractors, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) arising out of or related to: your use of the Service; Your Content; your violation of these Terms; your violation of any applicable law; or your violation of any third-party rights.

XIV. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Service will immediately cease.
• Your locally stored data will remain on your device.

You may terminate your account at any time by contacting us at support@backtrackapp.ai. The following sections survive any termination of these Terms or your account: Your Content and Data Ownership; Data Storage, Backup, and Loss of Data; No Reliance; Intellectual Property; Limitation of Liability; Disclaimer of Warranties; Indemnification; Governing Law; Dispute Resolution; and Entire Agreement.

XV. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. Subject to the "Dispute Resolution" section below, any disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Texas, and you consent to the personal jurisdiction of those courts.

XVI. Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

XVI.I Informal Resolution First

Before initiating any arbitration or legal claim, you agree to first contact us at support@backtrackapp.ai with a written description of your dispute and to attempt in good faith to resolve it informally for at least 30 days. This informal process is a precondition to commencing arbitration.

XVI.II Binding Arbitration

If the dispute is not resolved within 30 days, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, rather than in court, except as set out below. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section. Unless you and we agree otherwise, the seat of arbitration will be in Texas, and arbitration may be conducted by telephone, video, or written submissions, or in person at a mutually agreed location.

XVI.III Class Action and Jury Trial Waiver

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. YOU AND WE ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY. If a court decides that this class action waiver is unenforceable as to a particular claim, then that claim (and only that claim) will be severed from arbitration and brought in court, while all other claims remain subject to arbitration.

XVI.IV Exceptions

Either party may bring an individual claim in small claims court if it qualifies. In addition, nothing in this section prevents either party from seeking injunctive or other equitable relief in court to protect its intellectual property rights.

XVI.V Your Right to Opt Out

You may opt out of this arbitration and class action waiver section within 30 days of first accepting these Terms by sending written notice of your decision to opt out to support@backtrackapp.ai with the subject line "Arbitration Opt-Out," including your name and the email associated with your account. If you opt out, disputes will be resolved in court as described in the "Governing Law" section, and the rest of these Terms still apply.

XVI.VI Time Limit to Bring a Claim

To the maximum extent permitted by applicable law, any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the claim arose; otherwise, the claim is permanently barred.

XVII. Apple and Google Platform Terms

The following applies if you obtained the App through the Apple App Store or Google Play. You acknowledge that these Terms are between you and Backtrack App LLC only, and not with Apple Inc. ("Apple") or Google LLC ("Google"). Apple and Google are not responsible for the App or its content, and have no obligation to provide any maintenance or support for the App.

To the maximum extent permitted by law, Apple and Google have no warranty obligation with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty are solely our responsibility. Apple and Google are not responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, any claim that the App fails to conform to any legal or regulatory requirement, and claims under consumer protection or similar legislation. You agree to comply with all applicable third-party terms of the App Store or Google Play when using the App. You acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

XVIII. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including acts of God, natural disasters, epidemics or pandemics, war, terrorism, civil unrest, governmental action, labor disputes, power or internet failures, or failures of third-party services or platforms.

XIX. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page, updating the "Last updated" date, and/or notifying you via email or in-app notification. Your continued use of the Service after changes are posted constitutes your acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service.

XX. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

XXI. Assignment; Waiver; No Agency

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms, in whole or in part, at any time without notice to you. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later. No agency, partnership, joint venture, or employment relationship is created between you and us by these Terms.

XXII. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Backtrack App LLC regarding the Service and supersede all prior agreements and understandings.

XXIII. Contact Us

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

Backtrack App LLC
support@backtrackapp.ai