Terms of Use
1. Agreement and Eligibility
These Terms of Use are a binding agreement between you and LifeVen LLC, a Washington limited liability company ("LifeVen," "we," "us," or "our"), governing your download, access, and use of ClayTrace. By using ClayTrace, you accept these Terms and the ClayTrace Privacy Policy. If you do not agree, do not use the app.
You must be legally capable of entering this agreement. If you are under the age of majority where you live, a parent or legal guardian must review and accept these Terms for you. ClayTrace is not directed to children under 13.
2. Limited License
Subject to these Terms, LifeVen grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use ClayTrace on devices you own or control, solely for lawful personal or internal professional record-keeping and as permitted by the applicable app-store usage rules. No ownership interest is transferred to you.
3. Ownership and Restrictions
ClayTrace, including its software, design, text, databases, built-in catalogs, reference content, trademarks, and all related intellectual-property rights, is owned by LifeVen or its licensors. Except where applicable law expressly permits, you may not copy, modify, translate, rent, sell, sublicense, distribute, publicly display, reverse engineer, decompile, disassemble, defeat security features, extract source code or substantial database content, or create derivative works from ClayTrace.
If you send suggestions or feedback, you grant LifeVen a perpetual, irrevocable, worldwide, royalty-free right to use and commercialize that feedback without restriction, attribution, or compensation.
4. Your Records, Media, and Backups
You retain ownership of the pottery records and media you add. You represent that you have the rights needed to store, use, export, or share that content and that it does not violate law or another person's rights. ClayTrace stores app records and app-managed media locally. LifeVen does not operate a cloud backup for those records.
You are solely responsible for device security and any backups you choose to maintain. Deleting records, clearing app data, uninstalling the app, losing a device, storage corruption, operating-system changes, or device failure may cause permanent data loss. LifeVen has no obligation and may have no technical ability to recover local data.
5. Acceptable Use
You may not use ClayTrace to:
- violate any law, regulation, studio rule, contractual duty, or third-party right;
- store unlawful, infringing, defamatory, abusive, or malicious content;
- introduce malware, interfere with the app, bypass access controls, or probe for vulnerabilities;
- misrepresent ClayTrace output as professional, safety, chemical, or regulatory certification; or
- use the app or its content to build, benchmark, train, or improve a competing product without written permission.
6. Pricing, Purchases, and Store Terms
ClayTrace is currently offered without charge. We may introduce paid features, subscriptions, in-app purchases, usage limits, or convert free features to paid features at any time. Nothing in these Terms promises that ClayTrace or any feature will remain free, available, or unchanged. Any price, billing period, renewal terms, taxes, and purchase conditions will be shown through the applicable app store before you authorize a purchase.
Purchases, billing, cancellation, and refunds are processed under Apple App Store or Google Play rules. LifeVen does not receive or store your full payment-card number.
7. Updates, Availability, and Termination
We may add, remove, restrict, suspend, or discontinue any feature or the app itself; change compatibility requirements; require an update; or stop supporting a device, operating system, language, region, or store. We may terminate this license if you violate these Terms. Upon termination, you must stop using and delete the app.
We are not responsible for outages, store removal, device incompatibility, loss of access, or changes made by Apple, Google, operating-system providers, studios, or other third parties.
8. Pottery, Materials, and Safety Disclaimer
ClayTrace is a record-keeping and learning tool. Built-in values, catalogs, skill and milestone content, comparisons, and user-entered records are informational only. They are not glaze-chemistry analysis, food-safety advice, kiln instructions, firing or material compatibility advice, hazard communication, regulatory guidance, or a certification of any result or skill.
Ceramic materials, glazes, kilns, tools, and firing processes can involve heat, electricity, sharp equipment, dust, fumes, chemicals, burns, fire, and other hazards. You are solely responsible for verifying information, following manufacturer instructions and studio rules, using appropriate protective equipment and ventilation, and obtaining qualified guidance. Never rely on ClayTrace for a safety-critical decision.
9. Third-Party Services and Content
ClayTrace may interact with device cameras, photo pickers, sharing destinations, app stores, operating-system backup services, or external links. Those services are controlled by third parties and governed by their own terms and privacy practices. LifeVen does not endorse and is not responsible for third-party availability, security, content, conduct, or data handling.
10. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLAYTRACE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS." LIFEVEN DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE APP OR ANY CONTENT WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT RECORDS WILL BE PRESERVED OR ANY POTTERY RESULT WILL BE ACHIEVED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIFEVEN AND ITS OWNERS, MEMBERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST DATA, MEDIA, PROFITS, REVENUE, GOODWILL, OPPORTUNITIES, MATERIALS, STUDIO TIME, OR POTTERY RESULTS, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO CLAYTRACE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR CLAYTRACE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) TEN U.S. DOLLARS (US $10). Some jurisdictions do not allow certain exclusions; in those jurisdictions, these limits apply only to the extent permitted by law.
12. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless LifeVen and its owners, members, affiliates, employees, contractors, agents, licensors, successors, and assigns from claims, liabilities, damages, judgments, losses, and reasonable costs and attorneys' fees arising from your unlawful or negligent use of ClayTrace, your content, your violation of these Terms, or your violation of another person's rights. LifeVen may control the defense and settlement of any covered claim.
13. Dispute Resolution; Individual Arbitration
Before filing a claim, you and LifeVen agree to send written notice to claytrace@lifeven.com and attempt in good faith to resolve the dispute for 30 days. Except for eligible small-claims matters or claims seeking injunctive relief for intellectual-property misuse, unresolved disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.
YOU AND LIFEVEN WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual claimant and only as necessary to resolve that claim. You may opt out of arbitration by emailing claytrace@lifeven.com within 30 days after first accepting these Terms, with your name and a clear statement that you opt out.
These Terms are governed by Washington law, without regard to conflict-of-law rules. If arbitration does not apply, the state and federal courts located in King County, Washington have exclusive jurisdiction, except where mandatory consumer law requires otherwise.
14. Apple App Store Terms
If you obtained ClayTrace through Apple, these Terms are between you and LifeVen, not Apple. LifeVen, not Apple, is responsible for ClayTrace, maintenance and support, product claims, legal or regulatory claims, and third-party intellectual-property claims. Apple has no obligation to provide maintenance or support. If ClayTrace fails to conform to an applicable warranty, you may notify Apple and Apple may refund the purchase price, if any; to the maximum extent permitted by law, Apple has no other warranty obligation.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your license is limited to Apple-branded products you own or control and use permitted by Apple's Usage Rules, including qualifying Family Sharing or volume-purchase access.
15. Export and Sanctions Compliance
You represent that you are not located in a U.S.-embargoed country or a country designated by the U.S. government as supporting terrorism, are not listed on a U.S. government restricted-party list, and will not use or export ClayTrace in violation of applicable export-control or sanctions laws.
16. General Terms
These Terms and the Privacy Policy are the entire agreement about ClayTrace. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms; LifeVen may assign them in connection with an affiliate, financing, merger, acquisition, reorganization, or sale of assets. Provisions concerning ownership, disclaimers, liability, indemnity, disputes, and general terms survive termination.
We may revise these Terms by posting an updated version and changing the date above. Material changes apply prospectively as required by law. Continued use after the effective date of revised Terms constitutes acceptance.
17. Developer and Contact Information
ClayTrace is provided by LifeVen LLC, a Washington limited liability company, Washington, United States. Mailing address and telephone contact are available upon request where required by applicable law. Questions, complaints, and claims should be directed to claytrace@lifeven.com.