Trust ID Platform Terms of Service

These Trust ID Platform Terms of Service (the “Terms”) govern access to and use of the Trust ID platform and related services provided by Tracer Labs, Inc., a Wyoming corporation doing business as Trust ID (“Trust ID,” “Tracer,” “Company,” “we,” “us,” or “our”). These Terms apply to the business or organization that accepts these Terms, creates or activates an account, completes or accepts a self-service checkout, signs or accepts an Order Form, or otherwise accesses or uses the Services (“Customer,” “you,” or “your”).

These Terms, together with each applicable Order Form, accepted checkout, statement of work, data processing addendum, service level agreement, Collaboration Instruction, or other document or electronic record expressly incorporated by reference into these Terms or an applicable Order Form, form a binding agreement between Trust ID and Customer (collectively, the “Agreement”).

The Services are offered for business use only and not for personal, household, or consumer use. The person accepting the Agreement on behalf of Customer represents and warrants that they have full authority to bind Customer to the Agreement.

1. Agreement Structure; Order of Precedence

Customer-specific commercial terms may be set out in an Order Form, self-service checkout, accepted proposal, subscription schedule, or statement of work. An Order Form may identify the applicable Services, approved brands or properties, plan, pricing, Credits, usage limits, implementation services, term, renewal, support, integrations, managed services, bulk-enrichment rights, authorized data collaborations, and other Customer-specific terms.

If an Order Form expressly conflicts with these Terms, the Order Form controls solely as to the subject matter of that express conflict, except that a separately executed or incorporated data processing addendum (“DPA”) controls over these Terms and any Order Form solely as to data-processing obligations. Customer Group arrangements, Authorized Data Collaborations, and Consumer-Authorized Sharing are governed by Section 8 of these Terms together with the applicable Customer instructions, account configuration, Order Form, DPA, and other records that document the specific participants, data, and permitted purposes. A separate data-collaboration addendum is not required unless the parties expressly agree to one or applicable law or an upstream contractual obligation or licensor requirement requires additional terms.

Enterprise Customers may negotiate different commercial or operational terms in an Order Form. Standard self-service Customers are bound by the pricing, plan, usage, and renewal terms presented at checkout or in the Platform.

The parties intend these Terms to establish durable legal rules rather than freeze ordinary product, commercial, vendor, or implementation decisions. Commercial terms, product documentation, feature descriptions, provider/subprocessor information, security documentation, account settings, and operational policies may be maintained separately from these Terms and updated from time to time in accordance with the Agreement and applicable law, and the right to make such operational and documentation updates is reserved. An update to those materials does not, by itself, amend these Terms unless it changes a legal right or obligation expressly governed by these Terms.

For clarity, a change to a price, plan, Credit weight, allowance, metering method, feature bundle, provider, data source, infrastructure provider, storage architecture, deployment topology, API implementation, model, integration, or other product or business configuration does not require or constitute a formal amendment to these Terms unless it modifies an active commitment expressly agreed in an Order Form or applicable law expressly provides otherwise.

2. Key Definitions

3. Services; Platform Access

Subject to the Agreement, Trust ID grants Customer a limited, revocable in accordance with the Agreement, non-exclusive, non-transferable except as expressly permitted under the Agreement’s assignment provisions, non-sublicensable right during the applicable term to access and use the Services for Customer’s internal business purposes and the permitted purposes of any Authorized Data Collaboration.

Depending on Customer’s plan or Order Form, the Services may include anonymous or pseudonymous recognition; behavioral and intent signals; identity resolution; enrichment; profile refresh; identity and journey stitching; persistent customer context; customer or account intelligence; audience creation; activation workflows; attribution; analytics; APIs; SDKs; CRM, CDP, ecommerce, marketing, and data-warehouse integrations; bulk or database enrichment; and related implementation or managed services.

Trust ID may add, remove, rename, replace, repackage, reweight, or modify features, providers, integrations, workflows, plan entitlements, usage mechanics, and other aspects of the Services over time. Commercial and operational details may vary by plan and may be reflected in the Platform, pricing pages, checkout, documentation, or an Order Form rather than in these Terms. For paid committed Enterprise terms expressly fixed in an Order Form, that Order Form controls during the committed term. Otherwise, Trust ID may make changes prospectively with notice where required by the Agreement or applicable law. Beta, preview, experimental, free, and promotional features are provided “AS IS,” without warranty to the maximum extent permitted by law, and may be changed, suspended, or discontinued at any time without liability.

3.1 Enterprise and Self-Service Customers

The same core Platform may be offered through Enterprise Order Forms and through SMB/self-service plans. Enterprise Order Forms may include negotiated pricing, minimum commitments, custom integrations, support, service levels, data terms, or other terms. Self-service Customers may purchase, upgrade, downgrade, pause, or cancel plans as made available in the Platform, subject to the Agreement and the applicable checkout terms.

3.2 Optional consumer-controlled identity and wallet capabilities

The Services may, now or in the future, support Consumer-Controlled Stores, Portable Credentials, consumer-directed permissions, portable identity, consent or preference artifacts, and other mechanisms that allow an individual to control or direct access to information or customer context. Such functionality may be limited to particular plans, geographies, Customer configurations, Enterprise deployments, pilots, or separately enabled modules.

Nothing in these Terms requires Trust ID to offer a digital wallet, requires Customer to use a Consumer-Controlled Store, or guarantees that any wallet, credential, decentralized-storage, or portability feature will be generally available. Trust ID may introduce, modify, replace, limit, or discontinue such functionality as the Services evolve, subject to any express commitment in an applicable Order Form. Any such functionality, including any third-party wallet, credential, decentralized-storage, portability, consumer-controlled, or similar architecture, may depend on independent consumer action and third-party infrastructure, and Trust ID disclaims any implied warranty, guarantee of availability or interoperability, or operational liability arising from those dependencies to the maximum extent permitted by law.

Where a wallet or consumer-controlled architecture is enabled, additional consumer-facing terms, privacy notices, technical rules, credential policies, or Enterprise Order Form provisions may apply. Those materials may be maintained separately from these Terms and may evolve with the applicable functionality. Trust ID is not responsible for failures, delays, unavailability, data loss, permission changes, or other operational issues caused by independent consumer action or inaction, third-party wallet providers, credential issuers, decentralized-storage networks, device platforms, browsers, networks, or other third-party infrastructure.

4. Accounts; Integrations; Customer Systems

Customer is responsible for all activity under its accounts, for ensuring Authorized Users comply with the Agreement, and for maintaining reasonable safeguards to protect passwords, API keys, access tokens, payment credentials, administrative permissions, and integration credentials. Customer must promptly notify Trust ID of suspected unauthorized access, compromise, or misuse.

Customer may authorize Trust ID to connect to Customer systems, including CRM, CDP, ecommerce, marketing, analytics, data warehouse, or other systems. Customer represents and warrants that it has all rights, permissions, consents, and authority necessary to authorize such connections and to permit Trust ID to access and process information from those systems as necessary to provide the Services, carry out Customer’s documented instructions, and otherwise perform under the Agreement.

Third-party integrations remain subject to the applicable third party’s terms, policies, and availability. Trust ID does not control and is not responsible for third-party products, services, outages, changes, suspensions, discontinuations, or acts or omissions outside Trust ID’s reasonable control.

5. Customer Data; Privacy Roles; Processor/Service-Provider Structure; No Independent Data Brokerage

5.1 Customer ownership and instructions

As between Customer and Trust ID, Customer retains all right, title, and interest in Customer Data. Customer grants Trust ID a worldwide, fully paid-up, royalty-free, limited, non-exclusive right and license during the Term to host, receive, transmit, access, organize, match, resolve, enrich, bind, transform, analyze, display, and otherwise process Customer Data solely as necessary to provide, secure, support, operate, maintain, and improve the Services; comply with Customer’s documented instructions; comply with law; and perform the Agreement.

5.2 Intended role of Trust ID

For Customer-directed processing of Customer Personal Information, the parties intend that Customer is the business, controller, or equivalent responsible party and that Trust ID acts as Customer’s service provider, contractor, processor, or equivalent service provider to the extent recognized by applicable law, including applicable privacy laws such as the CCPA/CPRA and GDPR. Trust ID will process Customer Personal Information for the specific business purposes and services described in the Agreement and Customer’s documented instructions.

Trust ID does not acquire an independent right to sell or share Customer Personal Information or Customer-specific Service Outputs as standalone consumer profiles, and will not retain, use, or disclose Customer Personal Information for an unrelated commercial purpose or outside the direct business relationship between Trust ID and Customer except as expressly permitted by applicable law.

5.3 No Independent Data Brokerage; no unauthorized cross-customer reuse

Trust ID is engaged to provide software and data-processing services for Customer. Trust ID does not, as part of the Services, independently acquire Customer Personal Information or Customer-specific Service Outputs for sale, sharing, resale, or licensing as standalone consumer profiles, and will not create or commercialize an independent cross-customer consumer-profile database from such information. Trust ID will not retain, use, or disclose identifiable Customer Personal Information or Customer-specific Service Outputs outside the direct business relationship between Trust ID and Customer, or independently use identifiable Customer Personal Information or Customer-specific Service Outputs from one Customer to provide individual-level services to another Customer, except as expressly permitted by applicable law and the Agreement. These restrictions do not prohibit processing or disclosure at Customer’s documented instruction, processing within an authorized Customer Group, an Authorized Data Collaboration under Section 8, use of approved subprocessors or downstream providers, compliance with law, or use of aggregated or de-identified information as permitted by the Agreement. The parties intend these restrictions to preserve Trust ID’s role as Customer’s technology/service-provider and processor rather than an independent seller of consumer profiles.

5.4 Subprocessors and downstream providers

Customer authorizes Trust ID to use subprocessors and downstream data, identity, enrichment, infrastructure, hosting, storage, analytics, security, artificial-intelligence, communications, payment, and integration providers to provide the Services. Where those providers process Customer Personal Information on Trust ID’s behalf, Trust ID will require them to be bound by written agreements imposing privacy and security obligations no less protective than those in the Agreement and will instruct them to process the information for the permitted Services rather than for unrelated independent purposes, subject to applicable law and provider terms. Trust ID may add, remove, replace, or change providers without amending these Terms. Trust ID may maintain a then-current subprocessor or provider list separately from these Terms, including through its website, customer portal, security documentation, or another reasonable method, with any notice or objection rights governed by the applicable DPA and law.

5.5 Technical architecture, storage, and data location

Trust ID may determine and change the Technical Architecture used to provide the Services. Customer Data, Service Outputs, identifiers, permissions, credentials, and customer context may, as appropriate to the Services, be stored or processed in Trust ID systems, Customer systems, approved third-party systems, Consumer-Controlled Stores, or combinations of those environments. They may be replicated, cached, partitioned, sharded, indexed, backed up, synchronized, referenced, retrieved on demand, routed, or otherwise handled using centralized, decentralized, distributed, federated, shared, dedicated, multi-tenant, single-tenant, logically segregated, consumer-controlled, or other architectures selected or enabled by Trust ID.

Except where an Order Form or DPA expressly states otherwise, Customer is not entitled to a particular database topology, physical segregation model, storage technology, hosting model, geographic region, processing pipeline, provider mix, wallet model, credential format, or system design. Trust ID may migrate, re-architect, replicate, consolidate, decentralize, federate, move processing closer to a Customer or consumer-controlled environment, or otherwise change the Technical Architecture without amending these Terms, provided Trust ID continues to comply with its applicable security, confidentiality, privacy, data-processing, data-transfer, and contractual obligations under the Agreement and any applicable DPA, including valid legal transfer mechanisms where required by applicable law.

Trust ID may maintain shared infrastructure and common operational systems, including internal identifiers, mapping tables, indexes, suppression or preference controls, security and fraud signals, routing systems, logs, and other shared technical components reasonably necessary to operate, secure, deduplicate, match, route, support, or improve the Services. Use of shared infrastructure does not authorize Trust ID to disclose or use identifiable Customer Personal Information or Customer-specific Service Outputs for another Customer except pursuant to Customer’s documented instruction, an authorized Customer Group, an Authorized Data Collaboration, an approved subprocessor relationship, or as otherwise permitted by applicable law.

Data residency, localization, or dedicated-environment commitments apply only where expressly stated in an applicable Order Form, DPA, or signed security or data-residency exhibit. Otherwise, Trust ID and its providers may process data in locations reasonably used to provide the Services, subject to applicable data-transfer and data-protection requirements, valid legal transfer mechanisms, such as Standard Contractual Clauses where applicable, and Trust ID's contractual commitments under the Agreement and applicable DPA.

5.6 Consumer-controlled data, wallets, and portable credentials

Where enabled, the Services may allow an individual to hold or control information, permissions, Portable Credentials, or customer context through a Consumer-Controlled Store and to authorize selected information to be presented or shared with a Customer or other authorized participant. Trust ID does not claim ownership of Personal Data merely because it is stored, routed, referenced, verified, synchronized, or made available through the Services or a Consumer-Controlled Store.

Depending on the enabled architecture, Trust ID may store a copy of information, store only references or credentials, temporarily process or cache information, synchronize information between authorized systems, verify a credential without retaining the underlying data, or retrieve information from a Consumer-Controlled Store only when authorized. No particular storage or custody model is promised unless expressly stated in an Order Form, and, to the extent permitted by applicable law, Trust ID does not warrant that any Consumer-Controlled Store, wallet, decentralized-storage network, credential issuer, device platform, browser, network, or other third-party infrastructure will remain available, compatible, accurate, secure, or error-free.

Consumer-controlled functionality is intended to increase individual control and portability, but does not by itself determine the legal ownership of Personal Data or the legal roles of Trust ID, Customer, the individual, or another participant. Those rights and roles are determined by applicable law, the applicable processing activity, Customer instructions, and any additional terms governing the feature. Trust ID is not responsible for failures, delays, unavailability, data loss, permission changes, credential revocation, unauthorized sharing, or other operational issues caused by independent consumer action or inaction, third-party wallet providers, credential issuers, decentralized-storage networks, device platforms, browsers, networks, or other third-party infrastructure, except to the extent caused by Trust ID's breach of its obligations under the Agreement or applicable DPA. Nothing in this Section limits Trust ID's obligations in the privacy role it actually performs under applicable law, the Agreement, or any applicable DPA.

5.7 Aggregated and de-identified information

Trust ID may create and use aggregated, anonymized, or de-identified information for security, fraud prevention, service operation, capacity planning, analytics, benchmarking, product improvement, and business operations, provided Trust ID does not attempt to re-identify such information, does not use such information to identify Customer or an individual, and maintains technical and organizational safeguards and any de-identification commitments required by applicable law.

5.8 Customer legal responsibilities

Customer is responsible for determining whether and where the Services may lawfully operate and for obtaining and maintaining all notices, disclosures, consents, permissions, instructions, legal bases, opt-outs, suppression, retention, and consumer-rights processes required for Customer’s use of the Services. Customer represents and warrants that Customer Data and Customer’s instructions have been lawfully obtained, that Customer has provided all necessary notices and disclosures, obtained all required consents, permissions, instructions, and other authorizations, and established and maintained valid legal bases required for Trust ID to process Customer Data under this Agreement as instructed.

6. Recognition, Identity Resolution, Enrichment, and Persistent Context

6.1 Recognition before identification

Where enabled by Customer and permitted by applicable law, the Services may recognize a visitor or device pseudonymously before the visitor provides a first-party identifier. Recognition may support continuity across sessions, devices, domains, properties, or other approved environments as described in the applicable Order Form or Platform configuration.

6.2 Pre-identifier identity resolution

Where enabled by Customer and permitted by applicable law and applicable provider terms, Customer may instruct Trust ID to attempt identity resolution of a live visitor before the visitor provides an email address, login, purchase, form submission, or other first-party identifier. Any resolved identity or Enrichment Output is processed for the applicable Customer or authorized Customer Group and is subject to the Agreement’s restrictions on use and disclosure.

6.3 Post-identifier enrichment and binding

When a visitor or customer provides a first-party identifier, including through a newsletter signup, account registration, login, checkout, purchase, lead form, or other Customer-authorized interaction, Customer may instruct Trust ID to bind that identifier to prior permitted context and to enrich or refresh the resulting profile. The Services may combine Customer-provided information, permitted Service Outputs, Third-Party Data, and Customer system data to produce a Customer-specific profile.

6.4 Bulk and database enrichment

If enabled for Customer’s plan or Order Form, Customer may submit or connect records for bulk or database enrichment, including through CRM, CDP, data warehouse, API, file upload, scheduled sync, or other approved source. Customer authorizes Trust ID and its approved providers to process the submitted identifiers and records solely to perform the requested resolution, enrichment, validation, matching, refresh, or related Service.

Customer represents that it has the right to submit those records and request the applicable processing. Bulk enrichment is subject to provider availability, source-license restrictions, data quality, rate limits, and any additional requirements stated in an Order Form, Job Authorization, or Platform workflow.

6.5 Accuracy and refresh

Recognition, identity resolution, enrichment, and other Service Outputs may be probabilistic, incomplete, outdated, or incorrect. Trust ID does not warrant that any Service Output is accurate, complete, current, unique, or suitable for a particular decision. Customer is responsible for validating material outputs before acting on them. Where available, Customer may request or configure refreshes.

7. Third-Party Data and Provider Restrictions

Certain Services rely on Third-Party Data or third-party identity, enrichment, infrastructure, or integration providers. Customer receives only the rights expressly granted under the Agreement and any applicable pass-through restrictions. Customer shall not sell, license, sublicense, publicly distribute, or repackage Third-Party Data or Service Outputs as a standalone data product except where expressly permitted in writing.

Trust ID may add, replace, remove, combine, or change downstream providers, data sources, models, infrastructure, integrations, and processing methods where reasonably necessary to operate, improve, price, scale, secure, or evolve the Services. Provider identity, provider mix, source composition, field availability, match methodology, processing location, storage arrangement, and pass-through economics may change over time and need not be specified in these Terms. Unless expressly promised in an Order Form, Customer does not purchase access to any particular underlying provider or architecture. If a provider restriction materially eliminates a core paid capability expressly committed during a fixed Enterprise Order Form term, Trust ID will use commercially reasonable efforts to provide notice and, where feasible, a commercially reasonable substitute.

8. Customer Group, Data Collaboration, and Consumer-Directed Sharing

8.1 Customer Group

Customer may instruct Trust ID to recognize, link, match, synchronize, present, or otherwise make approved Customer context available across Authorized Affiliates within the Customer Group where Customer represents that the participating entities are legally permitted to share and use the applicable information for the stated purpose. The relevant entities, brands, properties, data categories, and purposes may be identified through the applicable Order Form, account configuration, Collaboration Instruction, implementation record, or other verifiable Customer instruction. No separate collaboration agreement with Trust ID is required solely because multiple Authorized Affiliates participate.

8.2 Authorized Data Collaborations - Terms Incorporated Here

Two or more separate Customers or other authorized participants may jointly request an Authorized Data Collaboration that permits Trust ID to match, link, transfer, present, verify, expose, synchronize, or otherwise make approved information or customer context available among the participating parties. Trust ID will not initiate an Authorized Data Collaboration solely on its own initiative. The legal terms for such collaborations are contained in this Section 8; the specific operational scope may be documented through Collaboration Instructions rather than a separate addendum.

Each participant authorizes Trust ID to process and disclose only the information reasonably necessary for the Collaboration Instructions and permitted purposes. A Collaboration Instruction may identify the participating entities, brands or properties, data categories, permitted purposes, source and destination systems, duration, technical controls, and other implementation details. Fees, usage, and feature entitlements may be addressed through the applicable Commercial Terms rather than through a separate legal addendum.

Each participating Customer represents and warrants that it has the rights, authority, notices, consents, permissions, legal bases, and inter-party arrangements necessary to instruct Trust ID to perform the Authorized Data Collaboration. Each participant is responsible for its own collection, receipt, use, disclosure, retention, and onward transfer of information and for complying with privacy choices, restrictions, revocations, opt-outs, deletions, and other rights that apply to it. Trust ID may rely on Collaboration Instructions that reasonably appear to have been submitted or approved by an authorized representative or through an authorized system or workflow.

Information received through an Authorized Data Collaboration may be used only for the permitted purposes of that collaboration and subject to the receiving participant's Agreement with Trust ID, applicable law, applicable provider restrictions, and any restrictions communicated through the Services. A participant may not use an Authorized Data Collaboration to create or commercialize a standalone consumer-data product, resell another participant's Customer Data, or use another participant's information for unrelated purposes unless the affected party and, where required, the individual have separately authorized that use and it is legally permitted.

8.3 Collaboration Controls, Privacy Roles, and Suspension

The parties' legal roles for an Authorized Data Collaboration are determined by applicable law and the actual processing activity. To the extent Trust ID processes Personal Data on behalf of a participating Customer, the applicable DPA governs that processing. Nothing in this Section gives Trust ID an independent right to determine unrelated purposes for Customer Personal Information or to use collaboration data outside the documented collaboration except as otherwise permitted by the Agreement and applicable law.

Trust ID may maintain records of Collaboration Instructions, permissions, participating accounts, data routes, matching or linkage events, revocations, suppression signals, and other operational records reasonably necessary to implement, secure, audit, meter, or discontinue a collaboration. Trust ID may refuse, suspend, limit, or disable a collaboration if authorization is unclear, a participant withdraws authorization, required permissions or legal bases are absent, a privacy choice cannot reasonably be honored, an upstream right is unavailable, or the collaboration creates material legal, privacy, security, regulatory, reputational, or operational risk.

8.4 Changes, Revocation, and End of a Collaboration

An authorized participant may request that Trust ID modify or discontinue future sharing or processing under an Authorized Data Collaboration, subject to the Agreement, applicable Commercial Terms, technical feasibility, and applicable law. Unless otherwise required by law or expressly agreed, discontinuing a collaboration stops future Trust ID-facilitated sharing but does not automatically require a receiving participant to delete information it previously received lawfully. Each receiving participant remains responsible for retention, deletion, consumer rights, and use of information in its possession under applicable law and its agreements.

8.5 Consumer-Authorized Sharing

Where supported, an individual may use a Consumer-Controlled Store, Portable Credential, consent or permission mechanism, account setting, or other supported workflow to direct that specified information or customer context be made available to a Customer, an Authorized Affiliate, or another authorized participant. Trust ID may facilitate that Consumer-Authorized Sharing in accordance with the individual’s instruction, Customer configuration, applicable law, and any applicable provider or feature terms.

Consumer-Authorized Sharing may operate independently of, or together with, a Customer Group or Authorized Data Collaboration. For example, a consumer may choose to present the same portable context to multiple participating brands without Trust ID independently deciding to transfer one brand’s customer record to another. Trust ID may maintain technical records of permissions, credentials, revocations, routing, or synchronization reasonably necessary to support the feature.

Trust ID may require additional Enterprise configuration, participant acceptance, wallet or credential terms, consumer-facing notices or permissions, or technical consent records before enabling Consumer-Authorized Sharing. Those feature-specific requirements supplement this Section 8 and do not require a standalone data-collaboration addendum. The availability of such functionality is not guaranteed for self-service plans unless expressly offered.

8.6 Conditions on Customer- or Consumer-Directed Sharing

Customer represents and warrants that any Customer Group sharing, Authorized Data Collaboration, or Customer-requested Consumer-Authorized Sharing it enables is lawful and appropriately disclosed and that Customer has all rights, permissions, contracts, notices, consents, and legal bases required for its instructions. Trust ID may refuse, suspend, limit, or require restructuring of a sharing arrangement if Trust ID reasonably determines that the requested structure could cause Trust ID to act outside its intended processor/service-provider role, require a regulatory status or obligation not contemplated by the Agreement, violate an upstream right, prevent Trust ID from honoring applicable consumer rights, or create material legal, privacy, security, regulatory, reputational, or operational risk.

Nothing in this Section authorizes Trust ID to independently decide to disclose one Customer's identifiable information to another Customer for Trust ID's own unrelated commercial purpose. The Agreement is intended, however, to permit Customer-directed and consumer-directed sharing, matching, linkage, portability, verification, and continuity of customer context where the participating parties have the required rights, instructions, notices, permissions, and legal bases. Authorized sharing does not permit Trust ID or a participant to commercialize a standalone consumer profile, create an unauthorized independent cross-customer consumer database, or use another participant's information outside the permitted purpose.

9. Acceptable Use and Restricted Data

Customer shall not, and shall not permit any third party to:

• use the Services for unlawful, fraudulent, deceptive, abusive, discriminatory, or unauthorized purposes;
• submit or process data that Customer lacks the right to provide or instruct Trust ID to process;
• use the Services or Service Outputs for eligibility decisions governed by the Fair Credit Reporting Act or similar laws, including credit, employment, housing, insurance, or other regulated eligibility decisions;
• use the Services for stalking, harassment, unlawful surveillance, doxxing, or other harmful identification of individuals;
• use the Services on properties primarily directed to children, or intentionally submit children’s data, without Trust ID’s prior written approval and all legally required safeguards;
• submit sensitive or special-category data, including health, biometric, financial-account, precise geolocation, or similarly regulated data, unless expressly authorized by Trust ID and permitted by law;
• reverse engineer, decompile, disassemble, or attempt to derive source code, models, provider identities, or protected technology except where such restriction is prohibited by law;
• interfere with the security, availability, or performance of the Services, or introduce malware, scraping tools, attacks, or other harmful code;
• use the Services, Third-Party Data, or Service Outputs to build a competing standalone identity-resolution, enrichment, or consumer-data product using Trust ID or provider technology or data; or
• exceed approved domains, accounts, plans, Credits, authorizations, rate limits, or other usage controls.

10. Commercial Terms, Pricing, Credits, Billing, and Plan Changes

Customer will pay the fees and charges shown in the applicable Order Form, checkout, pricing page, account settings, billing page, usage screen, documentation, or other commercial presentation made available by Trust ID (collectively, “Commercial Terms”). Commercial Terms may include subscription prices, usage rates, minimums, included usage, overages, provider pass-through charges, implementation fees, plan names, plan entitlements, discounts, promotional terms, storage or processing allowances, rate limits, and payment timing. Commercial Terms are intentionally maintained outside these Terms so Trust ID may evolve pricing, packaging, metering, providers, and other ordinary business configuration without amending the legal Terms each time.

Trust ID may use Credits, units, events, records, matches, profiles, API calls, seats, traffic, identified users, or other metering methods to measure Service usage. Trust ID may establish or change the denomination, weight, cost, included allowance, reset period, threshold, rate, or metering treatment of a Service action prospectively through the Platform, pricing materials, checkout, documentation, or an Order Form. Trust ID may also change which features or providers are included in a plan or require separate usage charges. These changes do not constitute amendments to these Terms.

Credits, if used, have no cash value, are not stored value, and are non-refundable except as expressly required by law or an applicable Order Form. Trust ID may offer top-ups, overages, upgrades, downgrades, usage purchases, promotional Credits, or other billing mechanisms and may modify or discontinue those mechanisms prospectively. Unless expressly enabled by Trust ID, Credits are not transferable outside the applicable Customer account, Customer Group, or Authorized Data Collaboration.

Unless otherwise stated in an Order Form or checkout, paid subscriptions automatically renew for successive billing periods until canceled in accordance with the Platform or Agreement. Customer authorizes Trust ID or its payment processor to charge the approved payment method for recurring fees and authorized usage. For self-service plans, Trust ID may change pricing, included usage, plan packaging, Credit weights, overage or top-up rates, feature availability, or other Commercial Terms prospectively by updating the applicable pricing page, checkout, Platform, billing page, or other reasonable notice channel. A change to the recurring subscription price will apply no earlier than the next renewal after any notice required by applicable law, unless Customer affirmatively selects an upgrade, add-on, or other change that takes effect sooner. Commercial terms expressly fixed for a committed Enterprise term remain governed by the applicable Order Form for that term.

Free, trial, promotional, beta, pilot, and usage-based offerings may have changing usage caps, feature limits, provider availability, conversion rules, or service levels and may be modified, repriced, restructured, suspended, or discontinued prospectively. Taxes, card-processing fees where permitted, third-party pass-through fees, and legally required charges may be added or changed without amending these Terms.

11. Automated and AI-Assisted Features

The Services may use statistical, machine-learning, or generative-AI systems to classify behavior, infer intent, summarize information, generate recommendations, or assist with workflows. Such outputs may be inaccurate or incomplete and do not constitute legal, financial, compliance, employment, credit, medical, or other professional advice. Customer is responsible for human review and for decisions made using automated or AI-assisted outputs.

12. Security and Confidentiality

Trust ID will maintain commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data and the Services, taking into account the nature of the Services, Technical Architecture, and relevant risks. Security obligations relate to the level of protection provided and do not require any particular physical segregation, database topology, infrastructure provider, or storage model unless expressly stated in an Order Form, DPA, or security exhibit. Customer is responsible for securing its own systems, endpoints, credentials, integrations, and Authorized User access.

Each party will protect the other party’s non-public confidential information using at least reasonable care and will use it only to perform or exercise rights under the Agreement. Confidential information does not include information that is public through no breach, lawfully known without restriction, lawfully received from a third party, or independently developed without use of the disclosing party’s confidential information.

If applicable law requires additional data-processing terms, the parties will comply with the applicable Data Processing Addendum. Enterprise Customers may execute a negotiated DPA. Trust ID may make an online DPA available for self-service Customers.

13. Intellectual Property; Customer Marks; Publicity

Trust ID and its licensors retain all right, title, and interest in and to the Platform, Services, software, APIs, SDKs, documentation, models, workflows, algorithms, system architecture, technology, trademarks, and related intellectual property. Customer retains ownership of Customer Data.

Subject to the Agreement, Customer may use Service Outputs for its internal business purposes and permitted Customer Group or Authorized Data Collaboration purposes. Customer does not acquire ownership of Trust ID technology or Third-Party Data merely because the Services return or display an output.

Customer may provide feedback, suggestions, or ideas. Trust ID may use that feedback without restriction or compensation, provided Trust ID does not disclose Customer confidential information in doing so.

Customer grants Trust ID a non-exclusive, worldwide, royalty-free license to use and display Customer's name, trade name, trademarks, and logos solely to identify Customer as a customer or user of Trust ID, including on Trust ID's websites, customer lists, sales and marketing materials, partner materials, presentations, and ordinary corporate or investor materials. Trust ID may use brand assets supplied by Customer or publicly available brand assets and will use them in a manner reasonably consistent with any brand guidelines Customer makes available to Trust ID.

Customer may request in writing that Trust ID stop using Customer's name or logo for these publicity purposes. Trust ID will use commercially reasonable efforts to remove the requested Customer marks from Trust ID-controlled public digital properties within ten (10) business days after receiving the request and will cease new uses going forward. Trust ID is not required to recall or destroy materials already distributed, remove historical references from internal or archival records, or control third-party caches or copies outside Trust ID's reasonable control.

The foregoing permission does not authorize Trust ID to state or imply that Customer endorses Trust ID beyond accurately identifying Customer as a customer or user. Customer testimonials, attributed quotes, case studies, detailed deployment descriptions, and disclosure of non-public Customer performance results require Customer's separate approval unless otherwise agreed in an Order Form.

14. Warranties and Disclaimers

Each party represents that it has authority to enter into the Agreement. Customer represents that it has all rights, notices, consents, permissions, legal bases, and authorizations required for Customer Data, Customer’s instructions, and Customer’s use of the Services.

EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICES, THIRD-PARTY DATA, SERVICE OUTPUTS, ENRICHMENT, SIGNALS, ANALYTICS, AI-ASSISTED OUTPUTS, FREE FEATURES, BETAS, AND PILOTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUST ID DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, UNINTERRUPTED OPERATION, AND ERROR-FREE PERFORMANCE.

15. Indemnification; Limitation of Liability

Trust ID will defend Customer against a third-party claim alleging that the unmodified Platform, when used as authorized, infringes a United States intellectual-property right, and will pay damages finally awarded or settlements approved by Trust ID. Trust ID has no obligation for claims arising from Customer Data, Customer instructions, Customer systems, Customer modifications, unauthorized use, Third-Party Data, or combinations not provided by Trust ID.

Customer will defend, indemnify, and hold harmless Trust ID and its affiliates, personnel, licensors, and providers from third-party claims, investigations, fines, penalties, damages, and reasonable attorneys' fees arising from Customer Data; Customer's instructions or unlawful use; Customer's privacy, consent, disclosure, suppression, retention, or consumer-rights practices; Customer Group sharing, an Authorized Data Collaboration, or Customer-requested Consumer-Authorized Sharing; Customer systems or integrations; or Customer's violation of law or third-party rights.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR AMOUNTS THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED, TRUST ID’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO AN APPLICABLE ORDER FORM WILL NOT EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THAT ORDER FORM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16. Suspension; Termination; Data Return

Trust ID may suspend access if Trust ID reasonably believes Customer has breached the Agreement; Customer’s use creates material legal, privacy, security, regulatory, third-party, operational, or reputational risk; amounts are overdue; Customer exceeds authorized scope or usage; or suspension is required by law or a provider. Trust ID will use commercially reasonable efforts to provide notice where practicable.

Either party may terminate an Order Form or the Agreement for material breach if the breach remains uncured fifteen (15) days after written notice, unless a different cure period is stated in the applicable Order Form. Trust ID may terminate immediately for unlawful activity, material misuse of data or Services, a material security threat, or a material privacy or compliance violation.

Upon termination or expiration, Customer’s right to use the affected Services ends, unpaid amounts become due, and Trust ID will handle remaining Credits, Customer Data, retention, export, portability, and deletion in accordance with the Agreement, applicable DPA, Order Form, feature terms, and law. Customer may request export of Customer Data within thirty (30) days after termination unless a different period is stated in an Order Form. Data or credentials held in a Consumer-Controlled Store may remain under the individual’s control after Customer’s access ends, subject to applicable wallet, credential, revocation, and legal requirements.

17. Disputes; Changes; General Terms

Before formal proceedings, the parties will attempt in good faith to resolve disputes through executive-level discussions, except where immediate equitable relief is appropriate.

Unless an Enterprise Order Form states otherwise, the Agreement is governed by the laws of the State of Wyoming, without regard to conflict-of-law rules. Any dispute required to be arbitrated will be administered by the American Arbitration Association under its Commercial Arbitration Rules in Cheyenne, Wyoming. Each party waives trial by jury and participation in a class, collective, or representative proceeding to the extent permitted by law. Either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, security, data, or prevent unauthorized use.

Trust ID may update these Terms from time to time. Changes to pricing, plan names, plan packaging, Credits, unit weights, included usage, feature availability, providers, integrations, data sources, models, Technical Architecture, hosting or storage arrangements, centralized or decentralized processing, wallet or credential architecture, portability mechanics, usage limits, overage or top-up rates, billing thresholds, promotional terms, or other Commercial Terms or implementation choices do not, by themselves, constitute amendments to these Terms. For material changes to these Terms affecting legal rights or obligations, including liability, dispute resolution, or the permitted purposes for processing Customer Personal Information, Trust ID will provide reasonable notice through email, the Platform, website posting, or another reasonable method as required by applicable law. A change to these Terms will not retroactively alter an executed Enterprise Order Form except as permitted by that Order Form.

The parties are independent contractors. The Agreement does not create a partnership, joint venture, agency, fiduciary, franchise, or employment relationship. Customer may not assign the Agreement without Trust ID’s prior written consent except in connection with a merger, reorganization, or sale of substantially all assets, provided the assignee agrees to be bound. Trust ID may assign the Agreement in connection with a merger, acquisition, reorganization, financing, or sale of substantially all assets.

Neither party is liable for delay or failure caused by events beyond its reasonable control. If any provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver. The Agreement is the entire agreement concerning the Services and supersedes prior or contemporaneous agreements on that subject, except as expressly preserved in an Order Form or other incorporated document.

18. Contact

Questions or legal notices regarding these Terms may be sent to:

Tracer Labs, Inc. d/b/a Trust ID

1720 Carey Avenue, Suite 200, Cheyenne, Wyoming 82001, United States

Email: support@tracerlabs.com