Terms & Conditions

These Terms & Conditions (the “Terms”) are a legally binding agreement between you and TraceCheck (“TraceCheck,” “we,” “our,” or “us”) governing your access to and use of tracecheck.co, any related subdomains, applications, APIs and services (collectively, the “Service”). By accessing or using the Service, by entering a phone number, email address, or any other query into the Service, by creating an account, by subscribing, or by clicking any button or checkbox indicating acceptance of these Terms, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not access or use the Service.

You must be at least eighteen (18) years old (or the age of majority in your jurisdiction, whichever is greater) and legally able to enter into a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that you have not previously been suspended or removed from the Service. The Service is intended for use in jurisdictions where it is lawful. You are solely responsible for compliance with all applicable local laws.

TraceCheck is NOT a consumer reporting agency as defined by the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (“FCRA”), and the Service does NOT constitute a “consumer report” as that term is defined by the FCRA.

You expressly agree that you will not use the Service, any content retrieved via the Service, or any report, record, or information obtained from the Service for any of the following purposes, which are strictly prohibited (“FCRA-Covered Purposes”):

• Evaluating a person's eligibility for employment, promotion, reassignment, or retention as an employee;
• Evaluating a person's eligibility for credit, lending, insurance underwriting, or any financial transaction initiated by the subject consumer;
• Evaluating a person's eligibility for housing, residential tenancy, or any rental agreement;
• Evaluating a person's eligibility for a professional license or benefit granted by a government agency where the agency is required by law to consider the applicant's financial responsibility or status;
• Evaluating a person's eligibility for educational scholarships, grants, or financial aid;
• Any other purpose authorized by Section 604 of the FCRA;
• Any use in connection with debt collection, repossession, or dispute resolution;
• Any use that would violate the Gramm-Leach-Bliley Act, the Driver's Privacy Protection Act, or any similar state or federal law;
• Harassment, stalking, intimidation, surveillance, discrimination, or any other unlawful purpose;
• Any use that would violate the Telephone Consumer Protection Act, including auto-dialing or sending unsolicited text messages to any phone number obtained via the Service.

You are solely responsible for your use of information obtained from the Service and you agree to comply with all applicable laws. You acknowledge that misuse of information obtained from the Service may expose you to civil and criminal liability.

Subject to your continued compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, solely for lawful purposes such as satisfying your personal curiosity about the identity of an unknown caller, reconnecting with a lost acquaintance, verifying the identity of someone you intend to meet in person, or protecting yourself from fraud or scams.

You will not: (a) use the Service for any purpose listed in Section 3; (b) copy, scrape, crawl, index, aggregate, or systematically retrieve data from the Service; (c) reverse engineer, decompile, or attempt to extract source code from the Service; (d) use robots, bots, spiders, or any automated means to access the Service; (e) interfere with or disrupt the Service or servers or networks connected to the Service; (f) impersonate another person or misrepresent your identity or affiliation; (g) resell, sublicense, or redistribute the Service or any report in whole or in part; (h) remove any copyright or proprietary notice from any content.

Certain features of the Service require you to create an account. You agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at support@tracecheck.co of any unauthorized use. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

Important: the Service operates on an automatically-renewing subscription basis.

• Trial. When you sign up for a trial, you authorize us to charge your payment method $1.00 for a 5-day trial period.
• Recurring charges. At the end of the trial period, your subscription will automatically renew at $29.99 every 28 days until you cancel. Each renewal will be billed to the payment method on file.
• Price changes. We may change the subscription price with at least 30 days' notice. Continued use after the effective date constitutes acceptance.
• Taxes. Prices do not include taxes. You are responsible for all applicable sales, use, VAT, or similar taxes.
• Payment authorization. You authorize us and our payment processors to store and charge your payment method for all fees owed, including recurring subscription fees, until you cancel.

You may cancel your subscription at any time through your account settings, by emailing support@tracecheck.co, or by any other method we provide. Cancellation takes effect at the end of the current billing period. You will retain access until that period ends.

Except where required by applicable law, all fees are non-refundable. We may, in our sole discretion, grant refunds or credits in exceptional cases; any such accommodation does not obligate us to do so in the future.

The Service aggregates and displays information obtained from publicly-available sources, licensed data providers, and other third- party sources. We do not create, author, or control that information. Information in reports may be incomplete, outdated, inaccurate, or incorrectly attributed to a particular individual or number. We make no representation or warranty that any report will accurately identify or match the actual owner of a given phone number or email address. You agree not to rely on any report as a basis for any decision having legal, financial, or safety consequences.

The Service, including its design, text, graphics, logos, icons, software, and other content (excluding third-party data displayed within reports), is owned by TraceCheck or its licensors and is protected by copyright, trademark, and other laws. You may not use any of our marks or branding without our prior written consent.

TraceCheck is an early-stage service operated by a small team. Features may change, be added, be removed, or be temporarily unavailable without notice. We make no representation that any particular feature, data source, provider integration, pricing, or report format will remain available at any time. We may discontinue all or part of the Service at any time at our sole discretion.

The Service is provided “as is” and “as available” without warranty of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, TraceCheck and its licensors, affiliates, officers, directors, employees, agents, and suppliers disclaim all warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected, nor do we warrant that any information obtained through the Service will be accurate, complete, current, or reliable.

Without limiting the foregoing: we do not represent or warrant that any report, record, data point, or other information displayed in the Service actually relates to, is owned by, is used by, or is otherwise connected to any specific individual, including the individual you believe you are researching. Information may be misattributed, outdated, duplicated, falsified, or incorrect for reasons entirely outside our control. You bear sole responsibility for how you interpret or act on any information obtained through the Service.

To the maximum extent permitted by applicable law, in no event will TraceCheck, its licensors, affiliates, officers, directors, employees, agents, or suppliers be liable to you or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your access to or use of (or inability to access or use) the Service, any information obtained through the Service, or any conduct or content of any third party, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

In no event will the total aggregate liability of TraceCheck to you for all claims arising out of or relating to the Service or these Terms exceed the greater of (a) one hundred US dollars (US $100) or (b) the total amount actually paid by you to TraceCheck in the twelve (12) months immediately preceding the event giving rise to the claim.

Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply, and you may have additional rights.

You agree to defend, indemnify, and hold harmless TraceCheck and its licensors, affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys' fees) arising from or relating to (a) your use of or access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy, publicity, intellectual property right, or any applicable law; or (d) any claim that your use of the Service caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.

Please read this section carefully. It affects your legal rights, including your right to a trial by jury and to participate in a class action.

Informal resolution first. Before filing any formal legal action, you agree to attempt to resolve any dispute informally by contacting support@tracecheck.co. If we cannot resolve the dispute within sixty (60) days, either party may pursue arbitration as provided below.

Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service, or the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in the English language in the State of Delaware, United States, or at a location mutually agreed by the parties, or by videoconference. Judgment on the award may be entered in any court having jurisdiction.

Class action waiver. You and TraceCheck agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding.

Opt-out. You may opt out of this arbitration agreement by sending written notice to support@tracecheck.co within thirty (30) days of first accepting these Terms. The notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, any court proceedings arising from these Terms must be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

We may suspend or terminate your access to all or any part of the Service at any time, with or without cause and with or without notice, effective immediately. Upon termination, your right to use the Service will cease immediately. Sections 3, 8 through 14, and 16 through 18 will survive any termination.

We may modify, suspend, or discontinue any part of the Service at any time without liability. We may revise these Terms from time to time. If we make material changes, we will post the revised Terms on this page and update the “Last updated” date above. Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the revised Terms.

These Terms, together with our Privacy Policy and any other agreement or policy incorporated by reference, constitute the entire agreement between you and TraceCheck regarding the Service. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will remain in full force and effect. You may not assign these Terms without our prior written consent; we may assign these Terms freely.

Questions about these Terms may be sent to support@tracecheck.co.