Terms of Service

By creating an account, accessing, browsing or using the Service, or by clicking "I agree", you confirm that you have read, understood and agree to be bound by these Terms, our Privacy Policy and our Refund Policy, each of which is incorporated by reference. If you do not agree, you must not use the Service.

If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

You must be at least 18 years old and legally capable of entering into a binding contract. The Service is not directed to children. You may not use the Service if you are barred from doing so under applicable law, are located in a country subject to a comprehensive embargo, or are listed on any government restricted-party or sanctions list.

Tracia Labs is an AI-assisted platform for digital-product and Etsy sellers. It generates listing titles, tags, descriptions, SEO metadata, Pinterest and social copy, blog content, mockup and image prompts, keyword research, listing scores and related marketing assets based on inputs you provide (including uploaded images and text).

All output is generated automatically and is provided for your review, editing and verification before publication. We do not guarantee that output is accurate, original, non-infringing, compliant with any marketplace's policies, or that it will produce sales, rankings, traffic or revenue of any kind.

You must provide accurate, complete and current registration information and keep it updated. You are solely responsible for safeguarding your credentials and for all activity that occurs under your account, whether or not authorised by you.

Accounts are for a single named user. You may not share, sell, rent, lease, sublicense or transfer your account or login credentials, or permit multiple individuals to use one seat. Notify us immediately at hello@traciacreative.com of any suspected unauthorised access.

Subject to your continuous compliance with these Terms and payment of all applicable fees, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own internal or business purposes during your subscription term. This is a licence to use a hosted service; no copy of the software is sold, delivered or licensed to you.

We reserve all rights not expressly granted. No rights are granted by implication, estoppel or otherwise.

You agree that you will not, and will not permit, assist or encourage any third party to:

• Copy or clone the Service. Copy, reproduce, replicate, mirror, port, translate, adapt or otherwise reuse any part of the Service — including its source code, object code, front-end markup, stylesheets, scripts, database schema, API structure, workflows, feature architecture, screen flows, page layouts, UI/UX design, wording, prompts, prompt templates, prompt chains, model instructions, scoring logic, taxonomies, template libraries or documentation — in order to build, train, launch, operate, offer or assist with any product, application, SaaS, tool, plugin, GPT, agent, template pack or service that is the same as, substantially similar to, derived from, or competitive with the Service.
• Reverse engineer. Decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to discover the source code, underlying ideas, prompts, algorithms, model configurations, file formats or trade secrets of the Service, except to the narrow extent this restriction is expressly prohibited by applicable mandatory law.
• Extract prompts or system instructions. Attempt through prompt injection, jailbreaking, social engineering, API probing or any other technique to reveal, capture, log, publish or reuse our system prompts, hidden instructions, internal scoring rules or model orchestration logic. These are confidential trade secrets of Tracia Creative.
• Scrape, harvest or bulk-extract. Use crawlers, bots, scrapers, headless browsers, automated scripts or any other means to systematically access, index, download, cache or collect data, content, output or metadata from the Service, other than through functionality we expressly provide.
• Train competing models. Use the Service, its output, its prompts or any data obtained from it to train, fine-tune, distil, benchmark, evaluate or improve any machine-learning model, foundation model, agent or AI system, whether your own or a third party's.
• Resell or white-label. Resell, sublicense, rent, lease, time-share, white-label, repackage, or provide the Service (or output generated at volume by the Service) as a bureau, agency deliverable at scale, or service to third parties, without a separate written agreement with us.
• Circumvent, disable or interfere with usage limits, quotas, paywalls, trials, metering, feature gating, authentication, rate limiting or any security or access-control mechanism.
• Create multiple or automated accounts, use disposable emails, or otherwise abuse free trials, referral credits, affiliate commissions or promotional pricing.
• Upload, generate or distribute content that is unlawful, infringing, defamatory, deceptive, obscene, hateful, harassing, sexually explicit involving minors, or that violates the rights of any person.
• Upload images or material you do not own or have the rights to use, or that contains third-party trademarks, copyrighted characters or brand assets you are not licensed to use.
• Use the Service to create listings for counterfeit, stolen, illegal, regulated or prohibited goods, or to violate the terms of Etsy, Pinterest, Shopify or any other platform.
• Introduce malware, conduct denial-of-service attacks, penetration testing, load testing, vulnerability scanning or any intrusive activity without our prior written consent.
• Remove, obscure or alter any copyright, trademark, watermark or proprietary notice.
• Use the Service in any way that violates any applicable law, regulation, export control or sanctions regime.

A breach of this Section 6 is a material breach. We may suspend or terminate your access immediately, without refund, and pursue all available legal and equitable remedies, including injunctive relief.

The Service and all of its components — including software, source and object code, architecture, databases, designs, graphics, logos, the marks "Tracia Labs" and "Tracia Creative", copy, prompts, prompt engineering, scoring models, template libraries, tutorials, documentation and all derivative works — are and remain the exclusive property of Tracia Creative and its licensors, protected by copyright, trademark, trade-secret and other intellectual property laws worldwide.

Feedback, suggestions, feature requests and bug reports you submit are given voluntarily and you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, implement and commercialise them without obligation, attribution or compensation to you.

Your content. You retain all rights in the images, text and materials you upload ("Your Content"). You grant us a limited, worldwide, royalty-free licence to host, store, process, transmit and display Your Content solely to operate, secure and support the Service for you. We do not sell Your Content and we do not use Your Content to train AI models.

Output. Subject to your payment of applicable fees and compliance with these Terms, we assign to you whatever rights we may hold in the listing text, tags, descriptions and other output generated for you ("Output"), and you may use it commercially. You acknowledge that AI-generated material may not be eligible for copyright protection in some jurisdictions, that similar or identical Output may be generated for other users, and that you are solely responsible for reviewing Output for accuracy, originality, marketplace compliance and third-party rights before use.

You represent and warrant that Your Content does not infringe any third party's intellectual property, privacy or other rights and that you have all necessary rights and consents to upload it.

We may offer a free plan and a time-limited free trial. Trials may include broader feature access with a capped number of projects or generations, and the applicable limits are those displayed in the app at the time. Trials are for evaluation only, are limited to one per person or entity, and may be modified, shortened or withdrawn at any time.

Paid plans include monthly generation allowances. Allowances reset each billing period, do not roll over, and have no cash value. We may apply fair-use protections and rate limits to prevent abuse or disproportionate load, and may suspend or throttle accounts whose usage materially exceeds normal patterns.

Paid plans are billed in advance on a recurring monthly or annual basis through our payment processor, Stripe. By subscribing, you authorise us and Stripe to charge your payment method on each renewal date until you cancel. Subscriptions renew automatically at the then-current price for the same term unless cancelled before the renewal date.

You may cancel at any time from your billing page; cancellation takes effect at the end of the current billing period and you retain access until then. Prices are exclusive of taxes unless stated; you are responsible for all applicable sales, VAT, GST and similar taxes. You are responsible for keeping payment details current. If a payment fails, we may retry, suspend access, downgrade your plan or terminate the subscription.

We may change prices or plan features on at least 30 days' notice, effective at your next renewal. Refunds are governed solely by our Refund Policy.

If you dispute a charge without first contacting us, we may suspend or terminate your account and recover the disputed amount plus any processor fees. Please contact support first — most billing issues are resolved within two business days.

Participation in our affiliate or referral program is subject to approval and to the program terms shown in-app, including minimum payout thresholds and payout methods. Commissions are earned only on completed, non-refunded payments and may be reversed on refund, chargeback or fraud. Self-referrals, spam, trademark bidding, cookie stuffing, coupon-site abuse and misleading claims about the Service are prohibited and will result in forfeiture of commissions and removal from the program.

The Service relies on third parties including Stripe (payments), Supabase (database, authentication, storage), email delivery providers and AI model providers. Your use of the Service may be subject to their terms. We are not responsible for the availability, acts or omissions of third-party services, nor for any third-party platform (such as Etsy or Pinterest) suspending, penalising or rejecting content you publish.

Features labelled beta, preview, experimental or early access are provided "as is" without warranty or support, may be changed or removed at any time, and may not perform reliably. Do not rely on them for business-critical work.

We aim for high availability but do not guarantee uninterrupted or error-free operation. The Service may be unavailable for maintenance, updates, third-party outages or events beyond our control. We may modify, add or discontinue features at any time. If we discontinue the Service entirely, we will give reasonable notice and a pro-rated refund for any prepaid, unused period.

Support is provided by email during normal business hours, with priority handling for paid plans where stated.

You may terminate at any time by cancelling your subscription and deleting your account. We may suspend or terminate your access immediately and without refund if you materially breach these Terms (including Section 6), fail to pay, engage in fraud or abuse, create legal risk for us, or if required by law.

On termination, your licence ends immediately and you must cease all use of the Service. Sections 6, 7, 8, 11, 17, 18, 19, 20 and any provision that by its nature should survive will survive termination. We may delete your data after a reasonable retention period as described in the Privacy Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT OUTPUT WILL BE ACCURATE, ORIGINAL OR COMPLIANT WITH ANY MARKETPLACE POLICY, OR THAT USE OF THE SERVICE WILL RESULT IN SALES, RANKINGS, TRAFFIC OR REVENUE. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACIA CREATIVE AND ITS OWNERS, EMPLOYEES AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SALES, GOODWILL, DATA, ACCOUNT STANDING OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.

You agree to indemnify, defend and hold harmless Tracia Creative from any claims, damages, liabilities, losses and reasonable legal fees arising from Your Content, your use of Output, your breach of these Terms or applicable law, or your violation of any third-party right.

Nothing in these Terms excludes liability that cannot lawfully be excluded.

These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law rules. You and we will first attempt to resolve any dispute informally by contacting hello@traciacreative.com and negotiating in good faith for 30 days.

If unresolved, any dispute will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Wyoming, USA, except that either party may seek injunctive relief in court to protect intellectual property or confidential information. You and we waive any right to a jury trial and to participate in a class, collective or representative action. Claims must be brought within one (1) year of accrual.

If you are a consumer resident in the EU/EEA or UK, nothing here deprives you of mandatory protections or the right to bring proceedings in your country of residence.

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between us and supersede all prior understandings. If any provision is held unenforceable, the remainder stays in effect and the provision will be enforced to the fullest extent permitted. Our failure to enforce a right is not a waiver. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control. Notices to you may be sent to your account email or posted in-app.

We may update these Terms from time to time. Material changes will be notified by email or in-app notice at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

Tracia Labs is operated by Tracia Creative. Questions about these Terms can be sent to hello@traciacreative.com or through our contact page.