General Terms and Conditions

General Terms and Conditions

Effective Date: 28/05/2025 1. Introduction and Acceptance of Terms 1.1 Purpose: Datacie Ltd, registered in Switzerland under company number CHE-231.706.060 (UID), with its registered address at Chemin Erna Hamburger 1C, EPFL Innovation Park, 1015 Lausanne, Switzerland ("Tracenable", “we”, “us”, “our”) operates the website tracenable.com (the “Website”). These Terms and Conditions ("Terms") govern your access to and use of the Website and all associated publicly available informational content and features, including but not limited to reading articles, browsing factual content, viewing analysis, or engaging with any text, images, or data made available on the Website (collectively, "Website Content"), as well as any downloadable sample files or extracts from our datasets made available on the Website ("Sample Data"). 1.2 Acceptance of Terms: By accessing, browsing, or otherwise using the Website and/or Website Content, you confirm that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree with these Terms, you must not access or use the Website. 1.3 Legal Capacity: You affirm that you are at least 18 years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully capable of entering into, abiding by, and complying with these Terms. 1.4 Modification of Terms: We reserve the right to modify these Terms at any time, at our sole discretion. Any changes will be effective immediately upon posting the revised Terms on the Website. Your continued use of the Website and/or Website Content following such posting will constitute your acceptance of the modified Terms. While we may endeavor to notify you of significant changes, it is your responsibility to review these Terms periodically for changes. 1.5 Subscription Services: If you subscribe to one of our paid plans, your access to and use of our platform and data services under such plans will be governed by additional specific terms. The End User License Agreement (EULA) applies when you subscribe to our Personal plan, and the Business Terms of Service (BTOS) apply when you subscribe to our Commercial plan. Those specific agreements shall take precedence over these general Website Terms in the event of any conflict with respect to the subject matter of such EULA or BTOS. 1.6 Privacy Policy: Your use of the Website is also governed by our Privacy Policy, which can be found at https://tracenable.com/privacy-policy. The Privacy Policy is incorporated by reference into these Terms and explains how we collect, use, and protect your personal data. By using the Website, you acknowledge that you have read and understood our Privacy Policy.
2. Use of Website Content and Sample Data 2.1 Permitted Use: Subject to your compliance with these Terms, you may access and use the Website and Website Content for your internal informational purposes only. If you download any Sample Data, you are granted a limited, non-exclusive, non-transferable license to use such Sample Data solely for internal evaluation and non-commercial research purposes. Any other use of Sample Data, including but not limited to incorporation into any product or service, public dissemination beyond fair use excerpts for academic citation, or any form of commercial exploitation, is strictly prohibited without our express prior written consent. You may not copy or republish any Website Content without our express prior written consent. 2.2 Restrictions of Use: Unless otherwise permitted in these Terms, you agree not to, and not to permit others to:
  • circumvent, disable, or otherwise interfere with any security-related features of the Website or features that prevent or restrict use or copying of any Website Content or Sample Data.
  • probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
  • use any data mining, robots, spiders, scraping, or similar data gathering or extraction methods on or in relation to the Website, Website Content, or Sample Data.
  • use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website.
  • copy, modify, create derivative works of, distribute, license, lease, sell, resell, rent, transfer, assign, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit any Website Content or Sample Data, except as expressly permitted in these Terms.
  • reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Website, except to the limited extent applicable laws specifically prohibit such restriction.
  • upload or transmit any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • use the Website, Website Content, or Sample Data for any unlawful purpose, in violation of any applicable local, national, or international law or regulation, or in any manner inconsistent with these Terms.
  • violate any third-party rights, including intellectual property rights or privacy rights.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law, and to suspend or terminate your access to the Website if we detect or reasonably suspect any violation of these Terms.
3. Intellectual Property 3.1 Ownership: All right, title, and interest in and to the Website, Website Content, and Sample Data, including all associated intellectual property rights (such as copyrights, trademarks, trade secrets, patents, and database rights), are and shall remain the exclusive property of Tracenable or its licensors. These Terms grant you a limited license to access and use the Website Content and Sample Data only as expressly permitted in Section 2.1 and subject to all restrictions in Section 2.2. No other rights or licenses are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Tracenable or its licensors. Tracenable, tracenable.com, and all related graphics, logos, service marks, and trade names used on or in connection with the Website are the trademarks of Tracenable and may not be used without our express prior written permission in connection with your or any third-party products or services. 3.2 User-Generated Content: If you submit, post, or display any content, information, or materials on or through the Website (“User-Generated Content”), you grant Tracenable a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display such User-Generated Content in any and all media or distribution methods now known or later developed, in connection with operating, promoting, and improving the Website and our services. You represent and warrant that you have all necessary rights, licenses, consents, and permissions to grant the foregoing license to us and that your User-Generated Content does not infringe or violate any third-party rights. We reserve the right, but not the obligation, to monitor, edit, or remove any User-Generated Content at our sole discretion without notice.
4. Third-Party Services and Links The Website may include links or access to third-party websites, services, and content that are not owned or controlled by Tracenable. These are provided solely for your convenience. Tracenable does not control, endorse, or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Website, you do so at your own risk, and you agree that Tracenable will have no liability arising from your use of or access to any third-party website, service, or content. We are not responsible for their privacy policies or terms of service.
5. Disclaimers 5.1 General Disclaimers: THE WEBSITE, WEBSITE CONTENT, AND SAMPLE DATA ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRACENABLE AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
  • WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, OR USEFULNESS OF THE WEBSITE CONTENT OR SAMPLE DATA.
  • WARRANTIES THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRACENABLE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
5.2 Absence of Representations or Warranties: You acknowledge and agree that you are solely responsible for validating the accuracy, completeness, and suitability of any Website Content and Sample Data for your intended use. Tracenable is not liable for any decisions, actions, or omissions you make based on your use of or reliance on the Website Content or Sample Data. 5.3 Non-Advisory Role: The data and content provided via the Website are for informational purposes only. Tracenable does not provide financial, legal, investment, or other professional advice. Any reliance on Website Content or Sample Data is solely at your own risk.
6. Limitation of Liability TO THE FULLEST EXTENT PERMITTED BY SWISS LAW, IN NO EVENT SHALL TRACENABLE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE, WEBSITE CONTENT, OR SAMPLE DATA; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; ANY CONTENT OBTAINED FROM THE WEBSITE; OR UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRACENABLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO DAMAGES CAUSED BY TRACENABLE'S UNLAWFUL INTENT OR GROSS NEGLIGENCE, NOR SHALL IT EXCLUDE OR LIMIT LIABILITY IN ANY WAY WHERE SUCH EXCLUSION OR LIMITATION IS PROHIBITED BY MANDATORY APPLICABLE SWISS LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TRACENABLE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE WEBSITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO USD 100 (ONE HUNDRED US DOLLARS).
7. Indemnification You agree to indemnify, defend, and hold harmless Tracenable, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to:
  • Your access to or use of the Website, Website Content, or Sample Data;
  • Your User-Generated Content;
  • Your violation of these Terms;
  • Your violation of any rights of a third party, including any intellectual property right, publicity, confidentiality, property, or privacy right; or
  • Your violation of any applicable laws, rules, or regulations.
You agree to cooperate fully with Tracenable in the defense of any such claim. Tracenable reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Tracenable.
8. Term and Termination 8.1 Term: These Terms are effective and binding upon you as soon as you commence using the Website, Website Content, or Sample Data and shall remain in full force and effect while you use them. 8.2 Termination by Us: We may, in our sole discretion, suspend, restrict, or terminate your access to all or part of the Website, Website Content, and Sample Data at any time, with or without prior notice or liability, for any reason or no reason, including, without limitation, if we believe you have violated or acted inconsistently with the letter or spirit of these Terms. 8.3 Termination by You: You may terminate these Terms at any time by ceasing all use of the Website, Website Content, and Sample Data.
9. Effect of Termination Upon termination of these Terms for any reason:
  • Your right to access and use the Website, Website Content, and Sample Data shall immediately cease.
  • You must promptly destroy or delete all copies of any Sample Data or stored Website Content in your possession or control.
  • The following provisions of these Terms shall survive any termination or expiration: Section 1.5 (Subscription Services Precedence), Section 1.6 (Privacy Policy, as it pertains to data collected), Section 3 (Intellectual Property), Section 5 (Disclaimers), Section 6 (Limitation of Liability), Section 7 (Indemnification), Section 9 (Effect of Termination), Section 10 (Applicable Law and Jurisdiction), and Section 11 (Miscellaneous), and any other provisions which by their nature are intended to survive.
Termination does not affect any rights or liabilities that accrued before termination.
10. Applicable Law and Jurisdiction 10.1 Governing Law: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. 10.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, invalidity, breach, or termination, shall be resolved exclusively by the competent courts of Tracenable's registered office (currently Lausanne, Switzerland). 10.3 Alternative Dispute Resolution: Before initiating any formal legal action, the parties agree to first attempt to resolve any dispute arising out of or relating to these Terms through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days of one party notifying the other of the dispute, either party may then proceed with the remedies available to it under Section 10.2. The parties may also mutually agree to attempt to resolve the dispute through mediation, but such mediation shall not be a precondition to commencing court proceedings if negotiations fail.
11. Miscellaneous 11.1 Severability: If any provision of these Terms (or part of any provision) is found by any court or administrative body of competent jurisdiction to be invalid, illegal, or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable, reflecting the parties' original intent as closely as possible. 11.2 Assignment: Tracenable may assign, transfer, or subcontract any of its rights and obligations under these Terms to any third party at its sole discretion without notice to you. You may not assign, transfer, or subcontract any of your rights or obligations under these Terms without our prior written consent, and any attempted assignment without such consent will be null and void. 11.3 Waiver: No failure or delay by Tracenable in exercising any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver must be in writing and signed by an authorized representative of Tracenable to be effective. 11.4 Entire Agreement: These Terms, together with our Privacy Policy (referenced in Section 1.6) and any EULA or BTOS that may apply to your subscription services (referenced in Section 1.5), constitute the entire agreement between you and Tracenable regarding your access to and use of the Website, Website Content, and Sample Data. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. 11.5 Contact Information: For any questions or concerns regarding these Terms, please contact us at: legal@tracenable.com