Terms of Service

1. Introduction

Welcome to Cerbotrace. These Terms of Service ("Terms") govern your access to and use of Cerbotrace's website, services, and applications (collectively, the "Services"). Please read these Terms carefully before using our Services.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our Services.

Cerbotrace provides digital content tracing and notification services through watermarking, monitoring, and alert technologies. We are committed to helping creators trace their intellectual property and receive notifications about unauthorized use of their digital content.

IMPORTANT – PLEASE READ: Any claim or dispute arising out of these Terms will be resolved by binding arbitration on an individual basis. YOU AND CERBOTRACE WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. See Section 16 (Dispute Resolution) for details.

2. Definitions

Throughout these Terms, we use certain defined terms:

• "Cerbotrace," "we," "us," or "our" refers to Fluffy Pants Studio LLC, doing business as Cerbotrace, its owners, operators, and affiliates.
• "User," "you," or "your" refers to any individual or entity that accesses or uses our Services.
• "Content" refers to any digital files, materials, or works that you submit to our Services for fingerprinting or tracing.
• "Watermark" refers to the invisible, unique identifiers embedded in your digital files by our technology.
• "Tracing" refers to our automated monitoring of third-party platforms to detect potential matches to your submitted content.
• "Subscription" refers to the paid or free service plan that you select when registering for our Services.

3. Account Registration and Eligibility

Age Requirement: You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this requirement (we do not knowingly collect data from children under 13). During account creation, you must confirm your age via an age-confirmation checkbox.

To use certain features of our Services, you may need to create an account. When you register for an account, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Keep your password secure and confidential;
• Notify us immediately of any unauthorized use of your account;
• Be responsible for all activities that occur under your account

We reserve the right to refuse service, terminate accounts, or remove content at our discretion.

4. Subscription Plans and Payment Terms

Cerbotrace offers various subscription plans, including a free tier with limited features and paid tiers with additional capabilities. Current subscription options include:

• Just Started (Free Tier): 10 traced products, limited watermarking service, weekly tracing
• Ergastis: 50 traced products, all features of free tier, weekly tracing
• Technites: 200 traced products, all Ergastis features
• Demioergos: 500 traced products, all Technites features
• Sophiotechnes: 1000 traced products, priority support, daily tracing available, custom badges
• Architechton: 3000 traced products, all Sophiotechnes features, priority tracing

Automatic Renewal: All paid plans renew automatically each billing cycle until you cancel. You may cancel at any time through your account dashboard or by emailing support@cerbotrace.com; cancellation takes effect at the end of the current billing period.

Overage Charges: If you exceed your plan's traced product limit, we will charge $2.50 per additional traced product. Overage charges are billed at the end of each billing cycle. Current limits are displayed in your dashboard under Settings → Subscription.

For paid subscriptions:

• Payments are processed securely through Stripe
• Subscription fees are billed in advance on a recurring basis
• All fees are non-refundable unless otherwise stated or required by law
• We reserve the right to change our pricing with 30 days' notice to you
• Price changes will not affect your current billing cycle
• Prices exclude applicable taxes; VAT/GST or other applicable duties will be charged where required

Service Level Credits: For outages exceeding 72 consecutive hours due to our technical fault, we will provide one day of service credit for each additional 24 hours of outage beyond 72 hours, up to a maximum of one month. Credits are applied as extra service days, not monetary refunds.

Refund Policy: We offer refunds in the following limited circumstances:

• Service outage exceeding 72 consecutive hours due to our technical fault
• Billing errors on our part
• Duplicate charges

EU Consumer Rights: EU consumers have a 14-day withdrawal right for distance contracts. Within this 14-day withdrawal period, you will receive a prorated refund for the unused portion of your subscription. Outside the 14-day EU withdrawal window, mid-cycle cancellations receive service credit, not cash. By accessing our services immediately upon purchase, you expressly consent to immediate service delivery and acknowledge that your withdrawal right expires once service delivery begins.

We do not provide refunds for:

• Account suspension due to Terms violation
• Third-party payment processing fees

5. User Responsibilities and Prohibited Activities

Technical Specifications: Our services support the following file formats: SVG, JPG, PNG, DXF, PDF, and other standard digital formats. Maximum file size is 25MB per file. For files requiring larger sizes or unsupported formats, please contact our support team.

Tracing Definition: "Tracing" refers to our automated monitoring of third-party platforms to detect potential matches to your submitted content using digital fingerprints and other similarity detection techniques.

When using our Services, you agree to:

• Comply with all applicable laws and regulations
• Only submit Content that you own or have the right to protect
• Provide accurate information about your Content and its ownership
• Use our Services only for legitimate monitoring purposes
• Maintain proper records of your intellectual property rights
• Respect the intellectual property rights of others

You are solely responsible for all Content you submit to our Services. You warrant that:

• You own all rights to the Content or have explicit permission to protect it
• Your Content does not infringe any third party's intellectual property rights
• Your Content does not violate any applicable laws or regulations
• You have the authority to grant us the licenses described in these Terms

You agree NOT to:

• Submit Content that infringes on others' intellectual property rights
• Attempt to register stolen, copied, or infringing Content as your own
• Submit Content containing illegal, harmful, offensive, or inappropriate material
• Submit adult content, sexually explicit material, or NSFW (Not Safe For Work) content as determined in our sole discretion
• Submit AI-generated content without clearly identifying it as such when prompted (such content may be rejected or flagged)
• Submit Content that violates any applicable laws or regulations
• Submit Content that promotes violence, hatred, discrimination, or illegal activities
• Use our Services to file false copyright claims or other improper takedown notices
• Reverse engineer, decompile, or attempt to extract the source code of our Services
• Attempt to remove, alter, or circumvent our watermarking technology
• Interfere with or disrupt the integrity or performance of our Services
• Attempt to gain unauthorized access to our Services or related systems
• Use automated systems to access our Services without our express written permission (Cerbotrace-approved API clients are permitted when available)
• Share your account credentials with third parties
• Use our Services for any illegal or unauthorized purpose
• Submit Content containing viruses, malware, or other harmful code

Content Review and Moderation: We reserve the right to:

• Use automated and AI systems to review content submitted to our Services for compliance with these Terms
• Refuse to process Content that violates these Terms
• Remove Content and suspend or terminate accounts for violations
• Report suspected illegal activities to appropriate authorities
• Provide evidence of Terms violations to rights holders and law enforcement
• Retain evidence of violations for up to six years for legal and regulatory purposes, consistent with our Privacy Policy

As mentioned in our Anti-Theft Warning, attempting to register stolen content doesn't protect you—it adds you to our watch list. We may report illegal attempts to the original author and provide them with evidence for takedowns and legal action.

Security and Account Credentials: You are solely responsible for maintaining the confidentiality of your credentials and any API keys. You will be liable for all activity conducted through your account. Notify us immediately at security@cerbotrace.com of any suspected breach. We may suspend the account pending investigation. Do not share your account credentials with third parties—doing so violates these Terms and may result in account termination.

6. User Indemnification

You agree to defend, indemnify, and hold harmless Cerbotrace, its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys' fees) arising out of or relating to:

• Your violation of these Terms or any applicable law or regulation
• Your breach of any representation, warranty, or covenant made in these Terms
• Your submission of infringing, illegal, or harmful Content
• Your use of the Services in an unauthorized manner
• Your violation of any rights of another person or entity
• Any false DMCA or other takedown claims you file using our Services
• Any damages arising from your account being compromised due to your failure to keep login credentials secure
• Any claims arising from unauthorized access to your account due to your negligence

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

7. Content Ownership and Licensing

You retain all ownership rights to your Content. By submitting Content to our Services, you grant us a limited license to:

• Process, fingerprint, and watermark your Content
• Store necessary metadata and fingerprints related to your Content
• Monitor platforms for potential matches to your Content
• Generate evidence packs and reports related to your Content

This license is solely for the purpose of providing our Services to you. As stated in our About page and Privacy Policy, we do not store your original files on our servers.

You represent and warrant that:

• You own or have the necessary rights to the Content you submit
• Your Content does not infringe on the intellectual property rights of any third party
• You have the right to grant us the license described above

8. Data Retention and Privacy Compliance

Your privacy and data protection rights are important to us. Our data handling practices are governed by our Privacy Policy and the following additional terms:

Data Processing Activities: As part of our Services, we process your Content through:

• Automated fingerprinting of uploaded files
• Watermarking technology that embeds unique identifiers
• Monitoring systems that scan platforms for matches
• Evidence generation for potential copyright infringement cases

Data Retention:

• Personal information is retained for one (1) month after account termination
• Watermark metadata may be retained for up to 5 years to support ongoing monitoring services and evidence generation
• File fingerprints and analysis data are retained while your account remains active and for up to 12 months after termination to support audit requirements
• Billing records are retained as required by applicable law (typically 7 years)
• Legal hold data may be retained longer if required for ongoing legal proceedings
• Evidence packs and violation records may be retained for legal compliance

International Privacy Compliance:

• GDPR (European Users): You have rights under the General Data Protection Regulation, including the right to access, rectify, erase, restrict processing, data portability, and object to processing. To exercise these rights, contact privacy@cerbotrace.com.
• CCPA (California Users): California residents have rights under the California Consumer Privacy Act, including the right to know, delete, and opt-out of the sale of personal information. We do not sell personal information.
• Other Jurisdictions: Users in other jurisdictions may have additional rights under local privacy laws. Contact us for information about your specific rights.

Data Processing Lawful Basis: We process your data based on:

• Contract performance (providing Services to you)
• Legitimate interests (service improvement, security, copyright protection)
• Legal compliance (regulatory requirements, law enforcement cooperation)
• Consent (where explicitly provided for optional features)

Cross-Border Data Processing: Your Content may be processed across multiple jurisdictions as part of our monitoring services. We implement appropriate safeguards for international data transfers as required by applicable privacy laws.

9. Electronic Communications Consent

You consent to receive all account-related notices (including legal notices) electronically via the email address or mobile number on file. By providing a mobile phone number, you consent to receive autodialed or prerecorded calls and text messages from Cerbotrace. We may send informational and promotional messages about our Services. You can opt out of promotional texts by replying STOP or following unsubscribe instructions. Opting out of promotional messages will not affect transactional messages about your account.

You are responsible for:

• Maintaining accurate and current contact information
• All data and messaging fees from your carrier
• Notifying us promptly of any changes to your email or phone number
• Ensuring your email and SMS settings allow receipt of our messages

Electronic communications satisfy any legal requirement that communications be in writing. If you withdraw consent to electronic communications, we may be unable to continue providing certain Services that require electronic delivery.

10. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to software, algorithms, technology, designs, and content created by Cerbotrace, are owned by Cerbotrace or its licensors. Nothing in these Terms transfers any such rights to you.

You may not use our trademarks, logos, or other proprietary information without our prior written consent, except for Cerbotrace protection badges, which we license to you under our badge usage guidelines. You may use our protection badges to indicate that your content is monitored by Cerbotrace.

Our Services are designed to help you monitor your intellectual property rights. We provide tools for watermarking, monitoring, and generating evidence for potential infringement cases, but you are responsible for taking legal action to enforce your rights.

11. Service Availability and Maintenance

We strive to provide reliable service, but cannot guarantee uninterrupted availability. We reserve the right to:

• Perform scheduled maintenance with reasonable notice
• Temporarily suspend services for emergency maintenance
• Modify or discontinue features with 30 days' notice
• Implement usage limits to ensure fair access for all users

Service Level Expectations:

• We target 99.5% uptime for our core services
• Planned maintenance will be announced at least 24 hours in advance
• Emergency maintenance may occur without advance notice
• Service credits will be provided for extended outages exceeding 72 hours (see Section 4 for details)

12. Copyright Concerns

Cerbotrace does not host or publicly display user-submitted files. All uploads are processed transiently and returned directly to you. If you nevertheless believe material on our public website infringes your copyright, please email copyright@cerbotrace.com with the URL and proof of ownership. We will investigate and remove infringing material in a timely manner.

13. Limitation of Liability

To the maximum extent permitted by law, Cerbotrace and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill, arising out of or in connection with these Terms or your use of the Services.

In no event will Cerbotrace's total liability exceed the greater of (a) amounts you paid in the 12 months before the claim arose or (b) $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you.

14. Disclaimers and Warranties

The Services are provided "AS IS," "AS AVAILABLE," and without warranties of any kind, express or implied, including non-infringement, merchantability, fitness for a particular purpose, or uninterrupted/error-free operation. Cerbotrace disclaims all warranties to the maximum extent permitted by law.

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Services or servers are free of viruses or other harmful components
• The Services will be compatible with all devices or browsers

While our watermarking technology is designed to be difficult to remove, we cannot guarantee that a determined, skilled individual could not strip or destroy any digital watermark given sufficient time and motivation. As stated in our Q&A, our watermarks are hard-to-notice, time-consuming to remove, and often ruin the file if removal is attempted, but they are not impossible to remove.

Similarly, while our monitoring services scan major platforms for unauthorized use of your Content, we cannot guarantee that we will find every instance of infringement, particularly if the Content has been significantly altered or is distributed on platforms we do not monitor.

Any material downloaded or obtained through use of the Services is at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from such downloads.

15. Termination

You may terminate your account at any time by contacting us or using any account termination features we provide.

We may terminate or suspend your account and access to the Services at our sole discretion, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Suspected fraudulent, abusive, or illegal activity
• Nonpayment of subscription fees
• Extended periods of inactivity

Account Inactivity: If no login or traced-content activity occurs on a free account for 12 consecutive months, we may deactivate or delete the account after 30 days' email notice. For paid accounts, inactivity combined with nonpayment may result in account termination.

Upon termination:

• Your right to use the Services will immediately cease
• We will stop monitoring for your Content
• We will delete or anonymize your account information in accordance with our Privacy Policy
• Any outstanding payment obligations will remain in effect

All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

16. Dispute Resolution

Informal Resolution: If you have a dispute with Cerbotrace, we encourage you to contact us first at legal@cerbotrace.com to seek an informal resolution. Most concerns can be resolved quickly without formal proceedings.

Arbitration Opt-Out: You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@cerbotrace.com with "Arbitration Opt-Out" in the subject line and your account information. If you opt out, disputes will be resolved in court as described below.

Binding Arbitration: If you have not opted out, any dispute arising from or relating to these Terms or the Services shall be resolved through binding arbitration, except as noted below. The arbitration will be conducted by JAMS under its Consumer Arbitration Rules, or alternatively by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, at your choice. The arbitration shall be conducted in your state of residence unless you agree otherwise.

Individual Basis Only: All disputes must be brought in your individual capacity, not as part of any class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. This class action waiver is an essential part of our arbitration agreement.

Arbitration Procedures:

• Filing fees will be governed by JAMS or AAA consumer rules, which cap consumer filing fees as set by each organization
• The arbitration will be conducted by a single neutral arbitrator
• The arbitrator's decision will be final and binding
• The arbitrator may award any relief that a court could award
• Each party bears their own attorneys' fees unless the arbitrator determines otherwise

Small Claims Exception: Either party may pursue claims in small claims court if the claims qualify and the court has jurisdiction. Either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Court Proceedings (If Opted Out): If you timely opt out of arbitration, disputes will be resolved exclusively in the state or federal courts located in Connecticut, and both parties consent to personal jurisdiction there.

Survival: This dispute resolution provision survives termination of your account or these Terms.

17. Export Control and International Trade

Our Services may be subject to export control laws and regulations. You represent that:

• You are not on any U.S. government restricted-party list (including but not limited to the Denied Persons List, Entity List, and Specially Designated Nationals List)
• You will not use the Service in Iran, Cuba, North Korea, Syria, or the Crimea/Donetsk/Luhansk regions, or any other embargoed territory
• You will not use our Services in violation of any export restrictions under the Export Administration Regulations (EAR) or Office of Foreign Assets Control (OFAC) sanctions
• You will not export or re-export our technology without proper authorization
• You will not use the Service for any activity related to nuclear, chemical, or biological weapons, missile technology, or other prohibited end-uses under Part 744 of the EAR

18. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:

• Acts of God, natural disasters, pandemics, epidemics, or other public health emergencies
• War, terrorism, riots, civil unrest, embargoes, or blockades
• Government actions, laws, regulations, sanctions, or court orders
• Labor disputes, strikes, lockouts, or work stoppages
• Internet outages, cyber-attacks, infrastructure failures, or telecommunications failures
• Supplier failures, shipping delays, or supply chain disruptions
• Fire, floods, accidents, power outages, or equipment failures
• Any other events beyond our reasonable control

During force majeure events, we will make reasonable efforts to minimize service disruption and will resume normal operations as soon as reasonably possible.

19. Changes to Terms

We may modify these Terms at any time by posting the revised Terms at cerbotrace.com/terms. The revision date will appear at the top. The change is effective immediately unless the revision is material, in which case we will provide at least 30 days' advance notice via the Services or email. Your continued use after the effective date is acceptance. If you do not agree, you must stop using the Services and, if you have a paid Subscription, cancel as described in Section 4.

For material changes to these Terms:

• We will provide notice through the Services or by other means
• We will indicate the date the Terms were last updated at the top of this page
• We may require you to provide explicit consent to the new Terms before continuing to use the Services

If you do not click 'Agree' when prompted but continue using the Services after the effective date, you accept the changes. It is your responsibility to review these Terms periodically for changes. If you do not agree to the revised Terms, you must stop using the Services.

20. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by Cerbotrace, constitute the entire agreement between you and Fluffy Pants Studio LLC (d/b/a Cerbotrace) concerning the Services.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of law principles.

Jurisdiction: Except as provided in Section 16 (arbitration and small claims), any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Connecticut, and the parties hereby consent to personal jurisdiction and venue therein.

Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign or transfer these Terms without your consent to (a) an affiliate, (b) a successor in a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, or (c) any successor in interest. Any attempted assignment in violation of this provision is void.

Survival: Provisions that by their nature should survive termination of these Terms shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

Language: These Terms are written in English and, to the extent any translated version conflicts with the English version, the English version controls.

21. Contact Information

If you have any questions about these Terms, please contact us at:

Last Updated: June 25, 2025