Terms of Service

Please read these Terms of Service ("Terms") carefully before using the SubTracking application ("App", "Service", "us", "we", or "our") located at https://www.subtracking.app.

IMPORTANT LEGAL NOTICE: THESE TERMS CONTAIN A MANDATORY 30-DAY INFORMAL DISPUTE RESOLUTION PROCEDURE, A BINDING INDIVIDUAL ARBITRATION AGREEMENT, AND A CLASS ACTION WAIVER (SECTIONS 6, 7, AND 8 BELOW). THESE PROVISIONS REQUIRE THAT DISPUTES BE RESOLVED ON AN INDIVIDUAL BASIS THROUGH ARBITRATION RATHER THAN IN COURT OR BEFORE A JURY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access or use the Service.

2. Subscriptions, Auto-Renewal, and 1-Click Cancellation (Merchant of Record)

3. Your Data Responsibilities & Zero-Knowledge Model

This App utilizes a "Local-First, Zero-Knowledge" architecture. You acknowledge and agree that:

• Free Tier (Local Storage): For users on the Free tier, data is stored solely within your device's browser storage. You are responsible for backing up your data using our encrypted JSON export feature. Clearing your browser cache or switching devices without a backup will permanently delete local data.
• Pro Tier (Cloud Sync & Time-Machine): For Pro users who enable Cloud Sync, your subscription vault and 30-day rolling Time-Machine snapshots are automatically encrypted on your device via AES-256-GCM before syncing to the cloud. When offline, changes are safely preserved on your device and automatically sync the moment you reconnect.
• Zero-Knowledge Encryption: Because SubTracking enforces client-side zero-knowledge encryption, we do not store, possess, or know your encryption keys. We cannot decrypt or recover your plaintext data if your encryption credentials or access credentials are lost.

4. Limitation of Liability

PLEASE READ CAREFULLY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUBTRACKING, ITS CREATORS, DIRECTORS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, REPUTATIONAL DAMAGE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY THIRD-PARTY CONDUCT OR CONTENT; (III) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS, DATA, OR VAULTS; OR (IV) ANY OVERDRAFT CHARGES, SUBSCRIPTION CHARGES, OR FINANCIAL LOSSES INCURRED FROM THIRD-PARTY SERVICES.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE SERVICE IS STRICTLY LIMITED TO THE AMOUNT PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR TWENTY DOLLARS ($20.00 USD), WHICHEVER IS GREATER.

5. "As Is" and "As Available" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE IMMEDIATELY CORRECTED.

6. Mandatory 30-Day Pre-Dispute Informal Resolution Procedure

To foster resolution of disputes efficiently and reduce associated costs, you and SubTracking agree that before either party initiates arbitration or legal proceedings against the other, the asserting party must first participate in an informal dispute resolution process:

• Notice of Dispute: The initiating party must send a written notice ("Notice of Dispute") by email to support@subtracking.app (or to your account email address if SubTracking initiates).
• Content of Notice: The Notice of Dispute must include: (a) claimant's full legal name, telephone number, and email address; (b) the SubTracking account email and Gumroad license serial key (if applicable); (c) a clear description of the factual nature and basis of the dispute or claim; and (d) the specific monetary or injunctive relief requested, accompanied by itemized calculations.
• 30-Day Resolution Window: After receipt of the complete Notice of Dispute, both parties agree to engage in good-faith informal negotiations for a mandatory period of at least thirty (30) business days.
• Condition Precedent: Full compliance with this 30-day informal procedure is an express condition precedent to filing any arbitration demand, court complaint, or small claims action. Any proceeding filed without strict prior compliance shall be stayed or dismissed without prejudice, and the initiating party shall be responsible for all reasonable legal fees and administrative costs incurred by the non-breaching party.

7. Mandatory Binding Individual Arbitration

If a dispute cannot be resolved through the 30-day informal resolution process outlined in Section 6, you and SubTracking agree that all disputes, claims, or controversies arising out of or relating to these Terms, the Service, marketing, privacy, or transactions shall be settled by final, individual, and binding arbitration, rather than in a court of general jurisdiction.

• Administration: Arbitration shall be administered by the ADR Institute of Canada (ADRIC) under its applicable National Arbitration Rules (or for residents of the United States, by the American Arbitration Association under its Consumer Arbitration Rules).
• Remote Hearings: To ensure accessibility and minimize expenses, all arbitration proceedings, conferences, and hearings shall be conducted remotely via telephone, video conference, or written submissions, unless the arbitrator determines an in-person hearing is necessary.
• Exclusive Jurisdiction of Arbitrator: The arbitrator, and not any court, shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, formation, or unconscionability of these Terms, including any claim that all or any part of these Terms is void or voidable.
• Small Claims Exception: As an exception to binding arbitration, either you or SubTracking may bring an individual action in a small claims court of competent jurisdiction located in Alberta, Canada or in the county of your residence, provided the claim is brought individually and qualifies within that court's jurisdictional limits.
• 30-Day Opt-Out Window: You have the right to opt out of this arbitration agreement within thirty (30) calendar days of the date you first accept these Terms. To opt out, you must send an email to support@subtracking.app with the subject line "Arbitration Opt-Out", stating your full name, email address, and clear intent to opt out of arbitration. Opting out will not affect any other section of these Terms.

9. Governing Law, Jurisdiction & Severability

These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflict of law principles. For U.S. residents, the interpretation and enforcement of Section 7 (Arbitration) and Section 8 (Class Action Waiver) shall be governed by the Federal Arbitration Act (FAA).

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a tribunal of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.