Xtrakt

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and [ENTITY NAME] ("we," "us," or "our") governing your access to and use of the Xtrakt mobile application and any related services we provide (collectively, the "Service").

By creating an account, accepting our in-App disclaimer, or otherwise using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. The Service

Xtrakt is an informational tool. You configure topics, keywords, or follow-ups that interest you. We monitor publicly available sources for changes related to those items and surface summaries inside the App. We also deliver push notifications when updates are detected.

The Service uses artificial intelligence to generate summaries (see Section 7). The Service does not provide financial, legal, medical, tax, or any other professional advice.

3. Eligibility & Account

To use the Service you must:

• Be at least 13 years old, or the minimum age in your jurisdiction at which you can consent to a contract for online services without parental approval, whichever is greater.
• Have legal capacity to enter into a binding agreement.
• Not be prohibited from receiving the Service under applicable law.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@xtraktapp.com if you suspect unauthorized access.

4. Subscription, Trial & Pricing

4.1 Subscription Plans

Xtrakt offers two paid subscription tiers, each available with monthly or annual billing:

Prices are in U.S. Dollars. Local currency, tax, and pricing may vary by region as set by Apple in the App Store. The price displayed on the App Store at the time of purchase is the authoritative price.

4.2 Free Trial

New users may be offered a 14-day free trial of the Basic tier. Trial eligibility is determined by Apple. If you start a trial:

• You will not be charged during the trial period.
• Your selected plan will begin and your account will be charged automatically at the end of the trial, unless you cancel before the trial ends.
• You can cancel at any time during the trial through your App Store account settings.

4.3 Auto-Renewal

4.4 Payment

All payments are processed by Apple through the App Store. We do not collect or store your payment card information. By subscribing, you authorize Apple to charge your payment method for the subscription fee and any applicable taxes.

4.5 Price Changes

We may change subscription prices. If we increase the price of your subscription, we will notify you at least 30 days in advance and you will have the opportunity to cancel before the change takes effect. Continued use after the new price takes effect constitutes acceptance.

5. Cancellation & Refunds

5.1 How to Cancel

You can cancel your subscription at any time through your Apple ID account settings:

1. Open the Settings app on your iPhone or iPad.
2. Tap your name at the top, then Subscriptions.
3. Select Xtrakt and tap Cancel Subscription.

Cancellation prevents future renewals. You retain access to paid features until the end of your current billing period.

5.2 Refunds

All sales are final. We do not issue refunds directly. Refund requests for App Store purchases are handled by Apple. To request a refund, visit reportaproblem.apple.com. Apple's refund policies apply.

5.3 Account Deletion

You may delete your Xtrakt account at any time from within the App (Profile → Delete Account). Deleting your account ends your access to the Service. It does not automatically cancel your App Store subscription; you must cancel that separately through Apple as described in Section 5.1.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful, fraudulent, or harmful purpose.
• Configure Xtrakts to monitor private information, harass individuals, or conduct surveillance of any person without lawful basis.
• Attempt to access another user's account, data, or content.
• Reverse engineer, decompile, or attempt to extract the source code of the App, except where this restriction is prohibited by applicable law.
• Use the Service to develop a competing product or to train machine learning models.
• Interfere with or disrupt the integrity or performance of the Service.
• Circumvent any access controls, rate limits, or usage restrictions.
• Resell, sublicense, or otherwise transfer your account or subscription.

7. AI-Generated Content

7.1 How Xtrakt Uses AI

The Service uses third-party AI (the Claude API from Anthropic, PBC) to produce summaries of publicly available content related to the topics you configure. See our Privacy Policy, Section 5, for what data is sent to the AI provider.

7.2 Limitations

7.3 Not Professional Advice

Nothing in the Service is professional advice. Specifically, AI-generated summaries on topics related to investing, securities, cryptocurrency, healthcare, law, regulation, or any other professional field are not investment advice, medical advice, legal advice, or any other form of professional guidance. Always consult a qualified professional before making decisions that have meaningful consequences.

7.4 Reporting Objectionable Content

If you encounter AI-generated content in the App that you believe is harmful, defamatory, illegal, or otherwise objectionable, please report it to support@xtraktapp.com. We review reports and may suppress specific content, adjust our prompts, or take other appropriate action. We do not guarantee that any particular content will be removed.

7.5 Content Moderation

We employ technical and operational measures to discourage the generation of harmful content. Notwithstanding those measures, you are responsible for evaluating the AI-generated content that appears in your account and for any decisions you make based on it.

8. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, we disclaim all warranties, including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or accurate; that defects will be corrected; or that the Service or the servers that make it available are free of viruses or other harmful components. We make no warranty as to the accuracy, reliability, completeness, or timeliness of AI-generated content or any other content available through the Service.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall [ENTITY NAME], its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including without limitation loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Service.

Without limiting the foregoing, our total cumulative liability for all claims arising out of or relating to these Terms or the Service, regardless of the form of the action, is limited to the greater of (a) the amount you paid us for the Service in the twelve months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100 USD).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you in those jurisdictions. In such cases, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless [ENTITY NAME] and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, publicity, or privacy right; or (d) any claim that content you submitted or configured (including topics and follow-ups) caused damage to a third party.

11. Termination

We may suspend or terminate your access to the Service, with or without notice, if we believe you have violated these Terms, engaged in fraud, or created risk or legal exposure for us, other users, or third parties. We may also discontinue the Service in whole or in part at any time.

You may stop using the Service at any time. Sections 7 through 13 survive any termination of these Terms.

12. Apple-Specific Terms

If you obtained the App through the Apple App Store, the following additional terms apply, and they prevail over any conflicting term elsewhere in these Terms:

• These Terms are between you and [ENTITY NAME] only, not with Apple. Apple is not responsible for the App or its content.
• Your license to use the App is limited to a non-transferable license to use the App on any Apple-branded device that you own or control, as permitted by the Apple Media Services Terms.
• Apple has no obligation to provide maintenance or support services for the App.
• Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of the App, including product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and consumer-protection or similar claims.
• In the event of any third-party claim that the App or your use of it infringes intellectual property rights, [ENTITY NAME] (not Apple) will be solely responsible for investigation, defense, settlement, and discharge of that claim.
• You represent that (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

13. Governing Law & Disputes

13.1 Governing Law

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict-of-laws principles.

13.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@xtraktapp.com. We will try to resolve the dispute by contacting you. If a dispute is not resolved within 60 days of your notice, you or we may bring a formal proceeding.

13.3 Binding Arbitration

You and [ENTITY NAME] agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Taylor County, Texas, or another mutually agreed location. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction. This arbitration agreement does not preclude either party from seeking injunctive relief in a court of competent jurisdiction for misuse of intellectual property.

13.4 Class Action Waiver

You and [ENTITY NAME] agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

13.5 Exception for Small Claims

Notwithstanding the above, either party may bring an individual action in small claims court for disputes that qualify.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Effective Date" and "Version" at the top of this page and notify you within the App or by email at least 30 days before the change takes effect. If you continue using the Service after the effective date of the revised Terms, you accept the revised Terms. If you do not agree, you must stop using the Service and may cancel your subscription as described in Section 5.

15. Contact

For questions about these Terms or the Service, contact us at:

[ENTITY NAME]
Attn: Legal
[ENTITY ADDRESS]
Email: support@xtraktapp.com