These Terms of Use ("Terms") govern your access to and use of the website at traceaq.org and the Trace AQ air quality forecasting platform, APIs, and related services (collectively, the "Services") provided by Trace AQ, Inc. ("Trace AQ," "we," "our," or "us"), a Delaware corporation headquartered at 500 West 2nd Street, Suite 1900, Austin, TX 78701.
By accessing or using our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization. If you do not agree with these Terms, do not use our Services.
1. Services Description
Trace AQ provides air quality monitoring, forecasting, and analytics services. Our Services include a web interface, REST and WebSocket APIs, software development kits (SDKs), and associated documentation. Air quality forecast data provided through our Services is generated using computational models and is intended to inform decision-making but does not constitute professional environmental, medical, or emergency management advice.
2. Account Registration
To access certain features, including API services, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us promptly of any unauthorized use of your account.
One person or legal entity may not maintain more than one free account. You may not use another person's account without their permission.
3. Acceptable Use
You agree to use our Services only for lawful purposes and in accordance with these Terms. You agree not to:
Use our Services in any way that violates applicable federal, state, local, or international law or regulation.
Attempt to reverse engineer, decompile, or derive source code from any component of our Services.
Use automated means (beyond authorized API clients) to scrape, crawl, or extract data from our Services.
Attempt to gain unauthorized access to any portion of our Services or related systems.
Use our Services to develop or provide competing services that replicate or substantially substitute for Trace AQ's commercial offerings.
Resell or sublicense API access without a separate written agreement with Trace AQ.
Use our Services in connection with any application that could cause death, personal injury, or catastrophic harm if the forecast data proves inaccurate, without implementing appropriate redundancy and human oversight.
4. API Usage and Rate Limits
API access is subject to rate limits and usage quotas specified in your subscription plan. Exceeding rate limits may result in temporary API access suspension. Systematic circumvention of rate limits, including through use of multiple API keys or distributed requests designed to evade rate limit enforcement, is prohibited and may result in permanent account termination.
We reserve the right to modify API endpoints, parameters, and data schemas with reasonable advance notice. We will use commercially reasonable efforts to maintain backwards compatibility for at least 12 months following any breaking API change.
5. Data License
Subject to your compliance with these Terms and payment of applicable fees, Trace AQ grants you a limited, non-exclusive, non-transferable license to access and use the forecast data and other outputs of our Services ("Output Data") for your internal business purposes or personal use.
You may not redistribute, resell, or publicly publish Output Data without prior written authorization from Trace AQ. Academic and research uses that involve publication of aggregate findings derived from Output Data (as opposed to raw data redistribution) are generally permitted with appropriate citation.
All intellectual property rights in our Services, including underlying models, algorithms, software, and documentation, remain the exclusive property of Trace AQ.
6. Disclaimer of Warranties
OUR SERVICES AND OUTPUT DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACE AQ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
AIR QUALITY FORECASTS ARE PROBABILISTIC ESTIMATES. TRACE AQ DOES NOT WARRANT THAT FORECASTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR DECISION OR APPLICATION. FORECAST ERRORS ARE INHERENT IN ATMOSPHERIC MODELING AND DO NOT CONSTITUTE A BREACH OF THESE TERMS.
7. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRACE AQ BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING FROM YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF TRACE AQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRACE AQ'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE FEES PAID BY YOU TO TRACE AQ IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF NO FEES HAVE BEEN PAID.
8. Indemnification
You agree to defend, indemnify, and hold harmless Trace AQ and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of our Services, your violation of these Terms, or your violation of any third-party rights.
9. Termination
Either party may terminate these Terms at any time. Trace AQ may suspend or terminate your access to our Services immediately if you violate these Terms or if we determine, in our sole discretion, that your use creates legal, security, or reputational risk. Upon termination, all licenses granted under these Terms will immediately cease.
10. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising from these Terms or our Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas.
11. Changes to Terms
We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and, where feasible, by email notice to registered users. Your continued use of our Services after the effective date of any modification constitutes your acceptance of the updated Terms.
12. Contact
Questions about these Terms should be directed to:
Trace AQ, Inc.
500 West 2nd Street, Suite 1900
Austin, TX 78701
Email: [email protected]