This End User License Agreement ("Agreement") is a legally binding agreement between you ("you" or "User") and Techmaster Consulting LLC ("Company," "we," "us," or "our") governing your installation, access, and use of the TraceProbe software application, including updates, features, related files, and related desktop functionality (collectively, the "Software").
By installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not install or use the Software.
1. License Grant
The Software is licensed, not sold. Subject to your compliance with this Agreement and any applicable subscription or license terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Software solely for your internal personal or business purposes.
2. License Scope and Restrictions
You may:
- install and use the Software on permitted devices within your license limits;
- use the Software to analyze logs, traces, and system behavior for internal workflows;
- make a reasonable number of backup copies solely for archival purposes.
You may not:
- sell, rent, lease, sublicense, distribute, or otherwise make the Software available to third parties;
- share, resell, or misuse license keys, activation credentials, or subscriptions;
- bypass, disable, or attempt to circumvent licensing, activation, or technical protections;
- modify, patch, or alter the Software or its binaries to interfere with licensing or usage controls;
- reverse engineer, decompile, or disassemble the Software except where prohibited by law;
- use the Software to develop, train, or improve a competing product or service;
- perform or publish benchmarks or performance comparisons without prior written consent;
- use the Software in violation of applicable law or third-party rights.
3. Subscriptions, Billing, and License Access
Certain features require an active subscription or valid license.
Free Trial
Company may offer a free trial for a limited period. Trial availability, eligibility, and duration may vary. Unless canceled before the trial ends where applicable, a trial may convert into a paid subscription under the checkout terms presented to you.
Paid Subscriptions
Paid subscriptions may be billed monthly, annually, or on another billing cycle presented during checkout. Subscriptions generally renew automatically unless canceled before the renewal date.
Paid purchases are processed through Paddle, which may act as the Merchant of Record and/or authorized reseller for the transaction. Paddle is responsible for checkout, payment processing, applicable taxes, receipts, and certain subscription-management functions.
By completing a purchase, you acknowledge that your payment transaction may be subject to Paddle's buyer terms, refund handling, tax treatment, billing rules, and other applicable policies.
License Delivery and Access Control
Company may deliver license information through hosted pages, transactional email, or related license-support workflows. Company may suspend, restrict, or deactivate access if:
- payment fails or a subscription becomes inactive;
- a subscription is canceled, refunded, disputed, paused, or otherwise made unavailable;
- license misuse, abuse, or fraud is detected;
- continued access would violate this Agreement or applicable law.
4. Refunds and Chargebacks
Refunds are governed by the Refund Policy and applicable law. All purchases are generally non-refundable except where required by law or expressly allowed under the applicable refund process.
If a chargeback or payment dispute is initiated without first contacting support, access may be suspended while the matter is under review, and related licenses or subscriptions may be limited or revoked if appropriate.
5. Updates, Changes, and Availability
The Software may receive updates, patches, bug fixes, feature changes, or compatibility changes. We may modify, improve, limit, or discontinue features at any time. We are under no obligation to provide updates, enhancements, or continued support for any specific duration.
6. AI Output and Diagnostic Disclaimer
The Software may generate analysis, diagnostics, recommendations, or other output ("Output"). Output is provided for informational purposes only and may be incomplete, inaccurate, or misleading.
The Software is not a substitute for professional judgment, technical validation, security review, legal advice, or independent root-cause analysis. You are solely responsible for decisions made based on Output.
7. High-Risk Use Restriction
You may not use the Software in environments where failure could result in death, personal injury, environmental harm, or significant financial loss, including medical systems, safety-critical infrastructure, or high-risk decision systems.
8. User Data Responsibility
You are solely responsible for the data you choose to analyze with the Software, for maintaining backups, and for ensuring that you have the right to use that data.
TraceProbe is designed as a local-first application, but you remain responsible for data loss, backup strategy, review of outputs, and any actions taken using Software recommendations.
9. Privacy
Your use of the Software is also governed by the Privacy Policy, which describes how personal data related to licensing, billing, support, and related services is handled.
10. Feedback
If you provide feedback or suggestions, you grant Company a worldwide, perpetual, irrevocable, royalty-free license to use that feedback without compensation or restriction.
11. Intellectual Property
The Software and all related intellectual property rights are owned by Company or its licensors. No ownership rights are transferred to you.
12. Termination
This Agreement remains in effect until terminated. Your rights under this Agreement terminate automatically if you violate this Agreement or misuse the Software, license keys, or subscriptions.
13. Disclaimer of Warranties
To the maximum extent permitted by law, the Software is provided "AS IS" and "AS AVAILABLE." Company disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
14. Limitation of Liability
To the maximum extent permitted by law, Company will not be liable for indirect, incidental, special, consequential, or similar damages, or for loss of profits, revenue, business, goodwill, or data arising out of or related to the Software.
To the maximum extent permitted by law, Company's total liability for claims arising out of or related to the Software will not exceed the amount paid by you for the Software in the 12 months preceding the event giving rise to the claim.
15. Indemnification
You agree to defend, indemnify, and hold harmless Company from claims arising from your use of the Software, your violation of this Agreement, or your violation of applicable law or third-party rights.
16. Export Compliance
You agree to comply with applicable export, sanctions, and trade laws. You may not use or transfer the Software in violation of such laws.
17. Third-Party Services
The Software may rely on third-party services, including licensing systems, transactional email services, hosted support services, update delivery, or payment-related integrations. We are not responsible for downtime, failures, policy changes, or errors caused by third-party services outside our reasonable control.
18. Compatibility and System Requirements
We do not guarantee compatibility with all operating systems, hardware configurations, third-party tools, or future environments. You are responsible for ensuring your environment meets any applicable requirements.
19. Support and Maintenance
Company may provide support, updates, or maintenance at its discretion. We do not guarantee response times, issue resolution, or ongoing availability of support for any specific period.
20. Governing Law
This Agreement is governed by the laws of the State of New Jersey, United States, without regard to conflict-of-law principles.
21. Entire Agreement
This Agreement, together with the Privacy Policy, Refund Policy, and any applicable commercial terms presented during checkout, forms the entire agreement between you and Company regarding the Software.
22. Contact
Techmaster Consulting LLC