Terms of Service

These Terms of Service (the "Terms") govern your use of Backtrack. Backtrack is operated by Sean Vierth, a sole proprietorship based in Texas ("Backtrack", "we", or "us"). By creating an account or using the service you agree to these Terms. If you don't, please don't use the service.

1. Eligibility

You must be at least 13 years old to use Backtrack (16 in the European Economic Area). You must be 18 or have a parent or legal guardian agree on your behalf to enter a paid subscription. By using Backtrack you confirm you meet these requirements.

2. The service

Backtrack provides browser-based posture monitoring software, alerts, streaks, analytics, and progress reports. We may add, change, or remove features at any time. We'll give reasonable notice for material removals.

3. Your account

You're responsible for keeping your password safe and for all activity under your account. Notify us promptly if you suspect unauthorized access. You may close your account at any time from Settings → Data & Privacy → Delete account.

4. Subscriptions, billing, and auto-renewal

Auto-renewal disclosure (required by California law): Monthly and Annual subscriptions automatically renew at the end of each billing period (monthly or yearly) at the then-current price unless you cancel before the renewal date. Lifetime is a one-time payment and does not renew. We'll charge the payment method you provided through Stripe.

You can cancel at any time from Settings → Subscription. Cancellation takes effect at the end of the current billing period; you keep access until then. Refunds are governed by our Refund Policy.

We may change subscription prices on 30 days' advance notice. The new price applies starting your next renewal — you can cancel before then if you don't accept the change.

5. Medical disclaimer

Backtrack is not a medical device. It is a behavior-change tool for healthy adults and does not diagnose, treat, cure, or prevent any medical condition. If you have chronic pain, a spinal injury, or any underlying condition, consult a licensed physical therapist or physician before using Backtrack. Stop using the service if you experience pain or discomfort. Do not rely on Backtrack for medical decisions.

6. License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Backtrack for your personal posture coaching, subject to these Terms. You retain all rights to your own data; we retain all rights to the software, branding, and content of the service.

7. Acceptable use

You agree not to:

• Resell, sublicense, or commercially exploit the service
• Reverse-engineer or attempt to extract the source code
• Use the service to violate any law or third-party right
• Scrape, automate, or overload our infrastructure
• Attempt to access another user's account or data without authorization
• Use the service if you've previously been banned

We may suspend or terminate accounts that abuse the service, with or without notice depending on severity.

8. Intellectual property and DMCA

Backtrack respects intellectual property. If you believe content on the service infringes your copyright, send a DMCA notice to dmca@back-track.app with: identification of the work, identification of the infringing material, your contact info, a good-faith statement, a statement of accuracy under penalty of perjury, and your signature.

9. Third-party services

We use service providers listed in our Subprocessors page. Their terms (including Stripe's) govern your relationship with them. We're not responsible for third-party outages or actions.

10. Disclaimer of warranties

BACKTRACK IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BACKTRACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $100 USD.

Some jurisdictions don't allow these limitations. In those jurisdictions, the limitations apply to the greatest extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless Backtrack and its officers, agents, and employees from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms, your misuse of the service, or your violation of any law or third-party right.

13. Termination

You may terminate at any time by deleting your account. We may suspend or terminate your access immediately if you breach these Terms or if continued service would expose us or other users to significant risk. Sections that by their nature should survive termination (including disclaimers, limitations, and indemnities) survive.

14. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in Texas, and you consent to personal jurisdiction there. Nothing in this section limits any non-waivable consumer-protection rights you may have under the laws of your state of residence (for example, California, Colorado, or Virginia residents retain rights under those states' consumer privacy and auto-renewal laws).

15. Changes to these Terms

We may update these Terms. We'll change the "Effective" date and, for material changes, send notice by email or post an in-app notice at least 30 days before the changes take effect. Continued use after the effective date constitutes acceptance.

16. Entire agreement, severability, assignment

These Terms (together with the Privacy Policy, Cookie Policy, and Refund Policy) are the entire agreement between you and Backtrack regarding the service. If any provision is held unenforceable, the rest stays in effect. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

17. Contact

Questions about these Terms: legal@back-track.app.