Terms of Service

1. The Service

Tracecanon is recorded-evidence intelligence software. It lets your organization upload audio, video, and supporting documents in bulk (including whole folders, with resumable uploads to secure storage); transcribe recordings with timestamps and, where the selected processing provides it, separated (diarized) speakers you can rename; search across an entire matter and receive answers that cite the exact recording, speaker, and timestamp — and that say so when the record does not contain the answer; compare accounts across recordings to surface potential inconsistencies for human review; build chronologies of dated events traceable to source; and produce professional exports (PDF and DOCX transcripts, SRT/VTT captions, and evidence bundles) with verification legends and, when enabled, cryptographic hash manifests.

Processing runs in the background and is organized into matters within your organization. Depending on the processing policy you choose for a matter, transcription and analysis may run through cloud providers or, where offered by your plan, a self-hosted (“Private”) pipeline. The Service works in English and Spanish, including cross-language search and exports.

2. What the Service is not — legal boundaries

Tracecanon is a software platform, not a law firm, and does not provide legal advice. Nothing produced by the Service is legal advice, and no attorney-client relationship is created by using it. You are responsible for your own professional judgement and for any decisions made using the Service.

The Service does not, and does not claim to:

• authenticate recordings or verify that a recording is genuine, unaltered, or what it purports to be;
• determine admissibility of any recording, transcript, or export in any proceeding;
• produce certified transcripts. Transcripts are machine-generated aids for review, not certified or sworn transcripts;
• determine the truthfulness of any statement, speaker, or account.

Provenance features — source hashes, upload manifests, verification status, and the append-only audit trail — record how material entered and moved through the Service. They document processing history; they do not establish authenticity or admissibility, which are matters for you and the relevant tribunal.

3. Accounts, organizations, and authorized users

The Service is for organizational, professional use by individuals aged 18 or over. Each user must provide accurate account information and keep credentials confidential. You are responsible for all activity under your organization’s accounts, including the acts of the users you invite, and for promptly notifying us of any suspected unauthorized access at security@tracecanon.com.

Access within an organization is governed by roles and matter-level permissions that you administer. We may require multi-factor authentication for accounts with administrative privileges, and we support time-based one-time-password (TOTP) MFA for all users. We may require a password reset or additional verification where we reasonably detect risk to an account.

4. Your material and your responsibilities

You are solely responsible for the recordings, documents, and other material you upload (“Customer Content”) and for the lawful basis on which you process it. Without limitation, you represent and warrant that, for all Customer Content, you have the necessary rights and authority and that your use of the Service complies with:

• recording-consent, wiretap, and eavesdropping laws applicable to the making and processing of the recordings;
• privacy and data-protection law, confidentiality obligations, and legal professional privilege;
• intellectual-property rights and your lawful possession of the material;
• any protective order, court order, or contractual restriction governing the material.

You are responsible for professional review of all outputs before relying on them. Because you control which material enters the Service and for what purpose, you act as the controller of Customer Content and we act as your processor, as described in the Privacy Policy and the Data Processing Addendum.

5. Ownership and license to your content

As between you and us, you retain all rights, title, and interest in Customer Content and in the transcripts, embeddings, findings, chronologies, and exports derived from it. You grant us a limited, worldwide, non-exclusive license to host, store, transmit, process, and display Customer Content and derived data solely to operate, secure, and provide the Service to you and to comply with law.

We do not use Customer Content to train our own models, and we do not permit our AI sub-processors to use it to train theirs under our use of their APIs. We do not sell Customer Content or make it available to other customers or to other Nimavera products. We may use aggregated, de-identified operational metadata (for example, processing volumes and error rates that contain no Customer Content) to monitor, secure, and improve the Service.

6. AI processing and its limits

Transcription, diarization, translation, cited answers, and inconsistency analysis are produced by automated speech-to-text and AI systems. These outputs may contain errors in words, speaker labels, dates, amounts, translations, and inferences. Inconsistency analysis is intentionally conservative and is presented with both underlying sources for human review; it is a prompt for a reviewer, not a conclusion.

You must verify every material statement against the cited recording or document before relying on it. Full details are in the AI Disclosure. AI features are an aid to professional work; they do not replace your review and judgement.

7. Plans, billing, credits, and refunds

Plans and usage

Paid plans are described on the pricing page. Plans include allowances for processing (for example, hours transcribed, storage, and seats) and may meter usage. We do not bill automatic overage: when an included allowance is exhausted, further processing pauses until you upgrade or purchase an optional one-time top-up pack of additional hours at the price shown at purchase. Top-up hours are added on top of your plan allowance and do not change any other plan limit or feature. We apply quotas and rate limits to bound cost and protect service quality, and these are not defects.

Where the pricing page shows no count for an allowance — currently files per matter and transcript exports — it means no fixed count applies for ordinary use of the plan, not unmetered processing. The work itself stays bounded by the plan’s included processing time, analyses, matters, seats, and retention window. Unlimited items do not extend to automated or scripted bulk creation, to sharing one plan across organizations, or to reselling or providing the Service to third parties. Where usage materially affects cost or service quality for other customers we will contact you before applying a limit, except where the usage is plainly automated or abusive.

Billing

Fees are charged through our payment processor, Stripe, Inc., in advance for the applicable period and recur until cancelled, unless stated otherwise. All prices are exclusive of taxes (VAT, sales tax, or similar). Where tax applies, it is calculated at checkout from the billing address you give and shown before you pay, and a business customer can enter its VAT or tax ID there. We may change pricing on renewal with at least thirty (30) days’ notice to an active paid Customer.

Cancellation and refunds

You may cancel at any time; cancellation stops future renewals and access continues through the end of the paid period. Except where required by applicable law or expressly stated here, fees are non-refundable and we do not prorate partial periods. Consumed processing (where third-party transcription/AI costs were incurred at the moment of use) is non-refundable. Failed processing that did not produce a usable result restores the corresponding credits; duplicate charges are refunded.

Individual professionals — statutory withdrawal

The Service is a business tool; most users are organizations, not consumers. Where you nonetheless qualify as a consumer under mandatory law (for example, an individual professional in the EU or UK), statutory withdrawal rights are unaffected by this section; by starting paid processing you request immediate performance and acknowledge that the right of withdrawal is lost once performance has fully begun, to the extent permitted by that law.

8. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated into these Terms. In summary, you must not process material you lack authority to process; upload unlawful content; attempt to breach tenant isolation or access another organization’s data; circumvent quotas, rate limits, or paid-tier gating; probe or test the security of the Service without written permission; or use the Service to build a competing product.

9. Confidentiality and tenant isolation

Customer Content is your confidential information. It is isolated per organization: every record carries an organization key, and matter access is authorized on every read, so your content is not made accessible to other Tracecanon customers or to other Nimavera products. Our security practices are described in the Security overview. Any administrative access to Customer Content is not exposed through the application admin console. Exceptional infrastructure access is restricted, time-limited, and logged at the infrastructure layer.

10. Availability, support, and changes to the Service

We provide the Service on a commercially reasonable, best-effort basis. We do not commit to any specific uptime or service level except as separately agreed in writing with an enterprise Customer. Scheduled maintenance, third-party-provider outages (payment, transcription, AI, hosting), and force majeure events may cause temporary unavailability. We may add, change, or remove features, provided we do not materially degrade the core Service you are paying for during your paid term.

The Service is developed and released gradually. Features may be introduced, changed, limited, offered as beta, preview, or early access, or withdrawn as the product evolves. Beta and preview features may be less reliable, are provided for evaluation only, and carry no guarantee of continued availability. Nothing in this Agreement is a promise that a particular feature exists, will continue to exist, or will perform in a particular way.

11. Suspension, termination, and data return

You may stop using the Service and close your organization at any time. We may suspend or terminate access for material breach of these Terms or the Acceptable Use Policy, non-payment, legal requirement, or a real risk to the Service or other customers; where reasonable we give notice and an opportunity to cure. On termination, you may export Customer Content and derived data using the in-product export tools during a reasonable wind-down window; thereafter we delete or return it in accordance with the Data Processing Addendum and applicable retention settings, subject to legal hold. Provisions that by their nature survive (ownership, confidentiality, disclaimers, liability, governing law) continue after termination.

12. Warranties and disclaimers

The Service is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, non-infringement, and availability. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that transcripts, translations, cited answers, or inconsistency findings will be accurate, complete, or fit for your purposes. You are responsible for verifying outputs against source material.

13. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost goodwill, arising out of or relating to the Service. Our aggregate liability arising out of or relating to these Terms in any twelve-month period will not exceed the greater of (a) the fees you paid us for the Service in the twelve months before the event giving rise to the claim, or (b) USD 100.

Nothing in these Terms limits liability that cannot be limited by law, including for fraud, gross negligence, wilful misconduct, or death or personal injury caused by negligence, or any mandatory statutory rights that apply to you.

14. Indemnity

You will defend and indemnify us against third-party claims arising from Customer Content, your use of the Service in breach of these Terms or the Acceptable Use Policy, your lack of authority or lawful basis to process the material, or your infringement of a third party’s rights. This does not apply to the extent a claim results from our own breach of these Terms.

15. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to mandatory local law, you and Nimavera Inc. (in formation) submit to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware for any dispute arising out of or relating to the Service or these Terms. The parties will first attempt to resolve any dispute in good faith.

If you are in the EEA, the United Kingdom, or another jurisdiction whose mandatory law applies to you, nothing here deprives you of the protection of that mandatory law, including the General Data Protection Regulation and any right to bring proceedings in your country of residence.

16. Changes to these Terms

We may update these Terms. For material changes we will give reasonable advance notice by email or in-app before they take effect, where lawfully required. The “Last updated” date reflects the current revision. Continued use after the effective date constitutes acceptance; if you do not agree, stop using the Service.

17. General

Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and, where applicable, the Data Processing Addendum, are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.

Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and severed, and the remainder stays in effect. No waiver. A failure to enforce a provision is not a waiver. Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, reorganization, or sale of assets. Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control. Notices. We may give notice by email or in-app; you may reach us at legal@tracecanon.com.

18. Contact

Operator: Nimavera Inc. (in formation). General enquiries: support@tracecanon.com. Legal notices: legal@tracecanon.com. A postal address for service of notice is available on request via those addresses.