Terms of service

These terms are between you and 1stRound AI (“TracBrand”, “we”, “us”), registered at 16, Krishna Garden, Singanallur, Coimbatore, Tamil Nadu 641005, India, GSTIN 33AAEFZ1871A1ZH, PAN AAEFZ1871A. TracBrand is a product of 1stRound AI. By creating an account or using the platform you agree to these terms. If you are agreeing on behalf of an organisation, you confirm you have authority to bind it.

1. The service

TracBrand is a software platform that helps rights holders detect suspected infringement of their intellectual property across public online channels, assess it, and prepare and send notices to the platforms hosting it. We provide software. We are not a law firm, we do not provide legal advice, and we do not act as your legal representative.

2. Your account

• You are responsible for the accuracy of the information you register.
• You are responsible for safeguarding credentials and for all activity under your account, and must notify us promptly of suspected unauthorised access.
• Administrators in your organisation control role assignment. You are responsible for granting approval rights only to people authorised to act on your behalf.

3. Your intellectual property claims

This section matters more than any other, so it is stated plainly.

• You warrant that you own or are authorised to enforce the trademarks, copyrights and other rights you register in the platform and rely on in any notice.
• You are the sender of every notice. Notices are drafted by the platform and become effective only when a user in your organisation approves them. That approval is your decision and your assertion, and it is recorded.
• You are responsible for the accuracy of what you assert. Filing a notice in bad faith or in respect of material you have no right to enforce may expose you to liability under the relevant platform’s terms and under applicable law, including counter-notice and misrepresentation provisions.
• AI output is an input to your decision, not a substitute for it. Confidence scores, classifications and written rationales are assessments produced by software. You are responsible for reviewing a finding before approving any action on it.

4. Acceptable use

You must not use the platform to:

• Assert rights you do not hold, or suppress lawful competition, criticism or commentary
• Monitor individuals for purposes unrelated to protecting your intellectual property
• Circumvent technical protections, rate limits or access controls on any third-party service
• Reverse engineer, resell or provide the platform as a service to a third party without a written agreement permitting it
• Upload malicious code, or attempt to disrupt or gain unauthorised access to our systems

5. Data from third-party sources

The platform gathers material from public sources and third-party providers. Availability, coverage and accuracy of those sources are outside our control and may change without notice. We do not warrant that detection will surface every infringement, and an absence of findings is not a statement that no infringement exists.

6. Fees

Fees, term and payment schedule are set out in your order form or written agreement. Unless otherwise agreed, fees are payable in advance, are non-refundable for the period paid, and exclude applicable taxes.

7. Your data

You retain all rights in the data and materials you upload. You grant us a limited licence to host, process and transmit that data solely to provide the service, including sharing it with subprocessors and with the platforms to which you direct a notice. Our handling of personal data is described in the privacy policy.

8. Availability

We aim to keep the platform available and continuously improving. Unless a specific service level is set out in your written agreement, the service is provided without an availability commitment, and we may perform maintenance that causes temporary interruption.

9. Disclaimers

To the maximum extent permitted by law, the platform is provided “as is”. We disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any notice will result in removal, that any platform will respond, or that any particular legal or commercial outcome will follow from your use of the service.

10. 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, revenue, goodwill or data. Our total aggregate liability arising out of or relating to these terms is limited to the fees you paid in the twelve months preceding the event giving rise to the claim.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

11. Indemnity

You will indemnify us against third-party claims arising from notices you approved, rights you asserted, or your breach of section 3 or section 4.

12. Suspension and termination

Either party may terminate for material breach that remains uncured 30 days after written notice. We may suspend access immediately where continued use presents a legal, security or abuse risk. On termination we will make your data available for export for a reasonable period, then delete it in line with our retention practices.

13. Changes to these terms

We may update these terms. Where a change materially reduces your rights, we will give notice before it takes effect for an existing subscription. Continued use after the effective date constitutes acceptance.

14. Governing law

These terms are governed by the laws of India, and the courts of Coimbatore, Tamil Nadu, India have exclusive jurisdiction over any dispute, without prejudice to either party seeking injunctive relief where necessary to protect its intellectual property.

15. Contact

Questions about these terms can be sent to sales@tracbrand.com, or by post to 1stRound AI, 16, Krishna Garden, Singanallur, Coimbatore, Tamil Nadu 641005, India. By phone: +91 98653 32622 (India) / +1 866 779 7671 (US toll-free).