Ace Trace end user license agreement

Last updated December 28, 2022

Ace Trace™ is licensed to You (End-User) by Ivkin LLC, a Massachusetts limited liability company dba “Ace Trace App”, for use only under the terms of this License Agreement.

By downloading the Application from the Apple AppStore or Google Play store, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement and that You accept this License Agreement.

The parties of this License Agreement acknowledge that Apple or Google is not a Party to this License Agreement and is not bound by any provisions or obligations concerning the Application, such as warranty, liability, maintenance, and support thereof. Ivkin LLC is solely responsible for the licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Application that conflict with the latest App Store Terms of Service. Ivkin LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.

All rights not expressly granted to You are reserved.

1. THE APPLICATION

Ace Trace (hereinafter: Application) is a piece of software created for video editing - and customized for mobile devices. It is used to add highlights to videos. The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

  1. You are given a non-transferable, non-exclusive, non-sublicensable, freely revocable license to install and use the Licensed Application on any products that You (End-User) own or control and as permitted by the Usage Rules outlined in this section and the App Store/Google Play Terms of Service, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
  2. This license is only for your personal, non-commercial use.
  3. Ivkin LLC reserves all rights not expressly granted herein. Nothing in this Agreement shall be deemed to constitute the grant of any license or other right to a Party’s Intellectual Property Rights or Technology except as expressly set forth herein. Ivkin LLC may terminate or suspend this license at any time for any reason or no reason.
  4. This license will also govern any updates of the Application provided by the Licensor that replaces, repairs, and/or supplements the first Application unless a separate license is provided for such update in which case the terms of that new license will govern.
  5. You may not share or make the Application available to third parties (unless to the degree allowed by the Apple AppStore/Google Play Terms and Conditions, and with Ivkin LLC’s prior written consent), sell, rent, lend, lease, or otherwise redistribute the Application.
  6. You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Ivkin LLC’s prior written consent).
  7. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
  8. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
  9. Licensor reserves the right to modify the terms and conditions of the license.
  10. Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

  1. Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
  2. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
  3. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE OR SUPPORT

  1. Ivkin LLC is not obligated, expressed or implied, to provide any maintenance, technical or other support for the Application.
  2. Ivkin LLC and the End-User acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.

5. USE OF DATA

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information and that the Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s Privacy Policy.

6. USER GENERATED CONTRIBUTIONS

The application provides you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
  4. Your Contributions are not false, inaccurate, or misleading.
  5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  9. Your Contributions do not violate any applicable law, regulation, or rule.
  10. Your Contributions do not violate the privacy or publicity rights of any third party.
  11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  14. Your Contributions do not otherwise violate, or link to material that violates any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Application.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through Ace Trace. Users acknowledge and accept that the Ivkin LLC does not filter or moderate such content. However, Ivkin LLC reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to Ace Trace:

  • if any complaint based on such content is received;
  • if a notice of infringement of intellectual property rights is received;
  • upon order of a public authority; or
  • where Ivkin LLC is made aware that the content, while being accessible via Ace Trace, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement. Users agree to hold Ivkin LLC harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through Ace Trace.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you. We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. PRODUCT CLAIMS

Ivkin LLC and the End-User acknowledge that Ivkin LLC, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

  • product liability claims;
  • any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
  • claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.

10. CONTACT INFORMATION

For general inquiries, complaints, questions, or claims concerning the licensed Application, please email acetrace@ivkin.dev.

11. TERMINATION

The license is valid until terminated by Ivkin LLC or by You. Your rights under this license will terminate automatically and without notice from Ivkin LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Ivkin LLC represents and warrants that Ivkin LLC will comply with applicable third-party terms of agreement when using the Licensed Application. In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple/Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and - upon Your acceptance of the terms and conditions of this license agreement, Apple/Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

13. TRADEMARKS

All brand, product, and service names used in this Service that identifies Ace Trace and its products and services are proprietary marks of Ivkin LLC, and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Ace Trace or any third party with respect to any such image, logo, or name.

14. COPYRIGHTS

Ivkin LLC is unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize, or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.

15. Reporting Violations of Your Copyrights

If you believe the copyright in your work has been violated through this Service, please email acetrace@ivkin.dev. You must provide the following information, which we may then forward to the alleged infringer:

  • identify the material on the Service that you believe infringes your work, with enough detail so that we may locate it on the Service;
  • provide your address, telephone number, and email address;
  • provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • provide a statement that (i) the information you have provided to us is accurate, and (ii) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
  • provide your physical or electronic signature. Upon receiving your complaint, Ivkin LLC may remove content that you believe infringes your copyright. In addition, Ivkin LLC may terminate the account of the member who appears to be infringing your intellectual property rights.

16. INTELLECTUAL PROPERTY RIGHTS

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to Ace Trace are the exclusive property of Ivkin LLC or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with Ace Trace are, and remain, the exclusive property of Ivkin LLC or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

17. APPLICABLE LAW

This license agreement is governed by the laws of the Commonwealth of Massachusetts excluding its conflicts of law rules.

18. MISCELLANEOUS

  1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
  2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

19. LIABILITY AND INDEMNIFICATION

EU Users

Indemnification

The User agrees to indemnify and hold Ivkin LLC and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand ⁠— including but not limited to lawyer’s fees and costs ⁠— made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law. Limitation of liability for User activities on Ace Trace

Users acknowledge and accept that Ivkin LLC merely provides Users with the technical infrastructure and features incorporated in Ace Trace.

Ivkin LLC does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users’ obligations.

Limitation of liability

Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against Ivkin LLC (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as Ace Trace has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, Ivkin LLC shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at Ivkin LLC’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Ace Trace is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, Ivkin LLC expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, Ivkin LLC, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

Ivkin LLC does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and Ivkin LLC shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. Ivkin LLC cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

Limitations of liability

To the maximum extent permitted by applicable law, in no event shall Ivkin LLC, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for

  • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
  • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein;
  • any errors, mistakes, or inaccuracies of content;
  • personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Service;
  • any unauthorized access to or use of Ivkin LLC’s secure servers and/or any and all personal information stored therein;
  • any interruption or cessation of transmission to or from the Service;
  • any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service;
  • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
  • the defamatory, offensive, or illegal conduct of any User or third party. In no event shall Ivkin LLC, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to Ivkin LLC hereunder in the preceding 12 months, or the period of duration of this agreement between Ivkin LLC and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

Indemnification

The User agrees to defend, indemnify and hold Ivkin LLC and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from

  • User’s use of and access to the Service, including any data or content transmitted or received by User;
  • User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
  • User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
  • User’s violation of any statutory law, rule, or regulation;
  • any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
  • User’s wilful misconduct; or
  • statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.