Terms of Service

Agreement and eligibility

These Terms of Service (the “Terms”) are between Third Arc Inc., a Delaware corporation doing business as Trails (“Trails,” “we,” “us,” or “our”), and the business or other organization accepting them (“Customer” or “you”). They govern access to and use of the Services. An individual accepting these Terms for an organization represents that the individual has authority to bind that organization.

The Services are offered only for business and professional use. You must be at least 18 years old and legally capable of entering a contract. Minors may not create accounts or use the Services. By creating an account, submitting an Order, clicking to accept, or using the Services, you agree to the Agreement. If you do not agree, do not use the Services.

1. Definitions

“Agreement” means these Terms, each Order, the Acceptable Use and AI Policy, the Fair Use Policy, and, when applicable, the Data Processing Addendum and a Business Associate Agreement.

“Authorized User”means an employee, contractor, or other individual whom Customer authorizes to use the Services for Customer's business. “Customer Content” means data, files, screenshots, recordings, video, audio, voice samples, transcripts, text, prompts, instructions, branding, personal data, and other material submitted to, captured by, generated through, or stored in the Services by or for Customer. Customer Content includes AI Inputs and Outputs, but excludes Usage Data.

“AI Features” means features that use machine learning, generative AI, speech recognition, translation, synthetic voice, or similar technology. “Input” means Customer Content submitted to an AI Feature, and “Output” means material generated by an AI Feature in response.

“Order” means an online purchase, order form, statement of work, or other ordering document accepted by Trails.“Services”means Trails' hosted software, websites, browser extension, desktop applications, APIs, AI Features, support, and related services identified in an Order or made available by Trails. “Usage Data” means technical, operational, and usage information about the performance and use of the Services that does not identify Customer, an Authorized User, or any other person.

2. Accounts and authority

Customer is responsible for its Authorized Users, account administration, permissions, and all activity occurring through its accounts, except to the extent caused by Trails' breach of the Agreement. Customer will provide accurate account information, keep credentials confidential, use commercially reasonable security measures, and promptly notify Trails at [email protected] of suspected unauthorized access.

A Customer administrator may manage Authorized Users and Customer Content and may access information associated with Customer's workspace. If an account uses an organization-controlled email domain or joins an organization workspace, the organization may control the account as described in the Services. Customer is responsible for obtaining any notices, consents, and permissions necessary for its Authorized Users and other individuals whose information it processes through the Services.

3. Services and orders

Subject to the Agreement and payment of applicable fees, Trails will provide the Services during the applicable subscription term. The features, usage limits, support level, and subscription term are those shown in the Order or plan description at the time of purchase. Customer's purchase is not contingent on future features or public roadmap statements.

Trails may improve, modify, or discontinue features. Trails will not materially reduce the core functionality of a paid Service during a current subscription term without reasonable notice, except where a change is needed for security, legal compliance, third-party service changes, or to prevent harm. Beta, preview, and experimental features may be changed or discontinued at any time and are provided without service commitments.

If an Order conflicts with these Terms, the Order controls only to the extent it expressly identifies the provision being replaced. A Customer purchase order or vendor portal term does not modify the Agreement unless expressly signed by Trails.

4. License and restrictions

Trails grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the subscription term for Authorized Users to access and use the Services for Customer's internal business operations and to create, publish, embed, and share Customer Content with Customer's employees, contractors, customers, and other intended audiences. Customer may permit those audiences to view Customer Content through functionality provided by the Services.

Customer and Authorized Users may not:

• copy, modify, create derivative works from, reverse engineer, decompile, or attempt to discover the source code or non-public components of the Services, except where applicable law prohibits this restriction;
• resell, rent, lease, sublicense, or provide the Services as a stand-alone service bureau, except as expressly permitted in an Order;
• bypass security, access controls, rate limits, plan limits, or usage metering; access the Services to build or train a competing product; or conduct or publish security or performance testing without Trails' prior written permission;
• remove proprietary notices or use Trails' trademarks except as permitted in writing; or
• use the Services in violation of the Agreement.

Trails and its licensors own the Services, documentation, Trails branding, and all related intellectual property. No rights are granted except those expressly stated in the Agreement.

5. Customer Content

5.1 Ownership and license

As between the parties, Customer retains all rights in Customer Content. Customer grants Trails and its subprocessors a worldwide, non-exclusive license to host, copy, transmit, display, modify, and otherwise process Customer Content only as necessary to provide, secure, maintain, support, and improve the Services, comply with law, and enforce the Agreement. This license lasts only as long as needed for those purposes, subject to the retention provisions in the Agreement.

5.2 Customer responsibility

Customer represents and warrants that it has all rights, permissions, and lawful bases needed for Trails to process Customer Content and for Customer to create, record, upload, use, publish, and share it. Customer is responsible for the accuracy, legality, and appropriateness of Customer Content; providing legally required notices; obtaining consent to record screens, voices, communications, or individuals; and configuring access and sharing settings.

Content designated public or shared by link may be accessible to anyone with the link and may be copied or redistributed by recipients. Password protection and access controls reduce but do not eliminate that risk. Customer should review captured material and use available redaction and access controls before sharing it.

5.3 Feedback and Usage Data

If Customer provides feedback, Trails may use it without restriction or obligation. Trails may generate and use Usage Data to operate, secure, analyze, and improve its products and business, provided that Usage Data does not identify Customer, an Authorized User, or another person. Trails will not attempt to reidentify de-identified Usage Data.

6. AI Features

6.1 Inputs and Outputs

Customer retains its rights in Inputs. As between Trails and Customer, and to the extent permitted by law, Trails assigns to Customer any rights Trails may have in Outputs generated for Customer. AI Outputs may not qualify for intellectual-property protection, may not be unique, and other users may receive similar Outputs.

6.2 Model training and providers

Trails does not use Customer Content to train Trails' or a third party's general-purpose AI models unless Customer gives explicit opt-in consent. Trails may send Inputs and related Customer Content to AI subprocessors, including OpenAI, Google Gemini or Vertex AI, and ElevenLabs, to provide requested AI Features. Those providers may process the material under their business/API terms. Current providers are listed on the Subprocessor List.

6.3 Review and use

AI Features may produce inaccurate, incomplete, offensive, or misleading content. Customer must use human review appropriate to the context before relying on or publishing an Output. Customer may not represent an AI Output as verified by Trails. AI Features are not a substitute for professional, legal, medical, financial, employment, safety, or compliance advice and may not be used as the sole basis for a high-impact decision about an individual.

Customer must comply with the Acceptable Use and AI Policy, including its requirements for voice cloning, impersonation, disclosure, and consequential decisions. Customer is responsible for determining whether applicable law requires disclosure, labeling, watermarking, consent, or other safeguards for AI-generated or synthetic content.

7. Privacy and security

The Privacy Policyexplains how Trails handles personal data for its own purposes. When Trails processes personal data in Customer Content on Customer's behalf, the Data Processing Addendum applies and is incorporated into the Agreement. Customer is the controller or business and Trails is the processor or service provider for that processing, except where applicable law provides otherwise.

Trails maintains a security program designed to protect Customer Content and encrypts Customer data in transit and at rest. Additional security information and Trails' SOC 2 Type 2 materials may be made available under appropriate confidentiality restrictions. No security measure is infallible, and Customer remains responsible for evaluating whether the Services meet its legal, security, and compliance needs.

Customer may not process protected health information through the Services unless Customer is on an eligible Enterprise plan and the parties have executed a Business Associate Agreement. Customer may not process payment-card data, government-classified information, export-controlled technical data, or other specially regulated data unless an Order expressly permits it and the parties agree to required safeguards in writing.

8. Fees and subscriptions

8.1 Trial

A new eligible Customer may receive a seven-day trial, currently limited to three Trails or Pages, without providing a payment card. Unless Customer purchases a subscription, paid features end when the trial expires. Trails may modify or withdraw trial eligibility and limits and may end a trial for abuse.

8.2 Billing and renewal

Fees, billing intervals, usage allowances, and payment terms are stated in the Order. Unless the Order states otherwise, subscriptions are billed in advance and automatically renew for successive periods equal to the expiring billing period until canceled. Customer authorizes Trails and its payment processor to charge the payment method on file for fees, applicable usage, taxes, and renewals. Trails may change renewal pricing by giving at least 30 days' notice before the change takes effect.

Plan upgrades, added seats, and increased usage may be charged or prorated immediately. Downgrades generally take effect at the next renewal and may cause loss of features or capacity. Customer must maintain accurate billing information. Overdue amounts may accrue interest at the lesser of 1.0% per month or the maximum lawful rate, plus reasonable collection costs.

8.3 Cancellation and refunds

Customer may cancel through the billing settings or Stripe customer portal. Cancellation takes effect at the end of the then-current paid billing period, and Customer remains responsible for fees through that date. Except for the first-purchase guarantee below, fees are non-refundable and unused time, seats, credits, or usage allowances do not roll over or create a refund unless the Order says otherwise.

If Customer is dissatisfied with its first paid Trails subscription, Customer may request a full refund within 30 days after the initial charge by contacting [email protected]. The guarantee applies once per Customer, does not apply to renewals, usage charges, custom services, negotiated Orders, or accounts terminated for breach or abuse, and is subject to applicable law.

8.4 Taxes

Fees exclude taxes. Customer is responsible for sales, use, value added, withholding, and similar taxes, except taxes based on Trails' net income. If Customer must withhold tax, Customer will gross up its payment so Trails receives the amount invoiced, unless prohibited by law, and will provide valid documentation of the withholding.

9. Acceptable use

Customer and Authorized Users must comply with the Acceptable Use and AI Policy and Fair Use Policy. Trails may investigate suspected violations and remove or restrict access to content when reasonably necessary to prevent harm, comply with law, protect the Services or third parties, or enforce the Agreement.

Trails may suspend access without advance notice where Trails reasonably believes an account creates a security risk, violates law or the Agreement, threatens the Services or another person, could expose Trails to liability, or has undisputed overdue fees. When practicable, Trails will provide notice and an opportunity to cure. Trails is not obligated to monitor Customer Content and does not assume responsibility for it.

10. Confidentiality

“Confidential Information”means non-public information disclosed by a party that is marked confidential or reasonably should be understood as confidential. Customer Content is Customer's Confidential Information. Trails' non-public technology, security materials, pricing, and product plans are Trails' Confidential Information. Confidential Information excludes information that the recipient can document: is public without breach; was lawfully known without restriction; was received lawfully from another source; or was independently developed without use of the discloser's information.

The recipient will use Confidential Information only to perform or exercise rights under the Agreement, protect it using at least reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality duties. A recipient may disclose information when legally required after giving advance notice where lawful and reasonable assistance at the discloser's expense.

11. Third-party services

The Services may interoperate with third-party products, integrations, app stores, identity providers, websites, or content selected by Customer. Customer's use of a third-party service is governed by its own terms and privacy practices. Customer authorizes Trails to exchange Customer Content and account information with a third-party service when Customer enables the integration. Trails does not control and is not responsible for third-party services, and changes to them may affect an integration.

12. Term and termination

These Terms begin when Customer first accepts or uses the Services and continue while Customer has an account or Order. Either party may terminate an Order for the other party's material breach if the breach is not cured within 30 days after written notice, or immediately if the breach cannot be cured. Trails may terminate free or trial Services at any time and may terminate the Agreement immediately for unlawful use, material security risk, repeated policy violations, insolvency, or to comply with law.

On termination, Customer's right to use the Services ends and all amounts owed become due. Customer should export Customer Content before termination. If Customer makes a verified request within 30 days after termination, Trails may provide reasonable export assistance where the content remains available, subject to technical feasibility and applicable fees. Trails will delete or de-identify Customer Content as described in the Privacy Policy and DPA, except where retention is required by law or needed to establish or defend legal claims.

Sections that by their nature should survive termination do survive, including ownership, payment, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and general terms.

13. Warranties and disclaimers

Trails warrants that paid Services will perform in all material respects according to their then-current documentation under normal use. Customer's exclusive remedy for breach is for Trails to use commercially reasonable efforts to correct the nonconformity; if Trails cannot do so, either party may terminate the affected Order and Trails will refund prepaid fees for the unused portion of the affected term.

EXCEPT FOR THE EXPRESS WARRANTY ABOVE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, AI FEATURES, OUTPUTS, BETA FEATURES, SUPPORT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TRAILS DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TRAILS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL CODE; THAT DATA WILL NEVER BE LOST; OR THAT AI OUTPUTS WILL BE ACCURATE, UNIQUE, COMPLETE, OR SUITABLE FOR CUSTOMER'S USE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAILS AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, BUSINESS OPPORTUNITY, OR DATA; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT THE LOSS WAS POSSIBLE.

TRAILS' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE FEES CUSTOMER PAID OR OWES TRAILS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. FOR FREE OR TRIAL SERVICES, TRAILS' TOTAL AGGREGATE LIABILITY WILL NOT EXCEED US$100.

These limitations apply regardless of the legal theory and in the aggregate across all claims. They do not limit liability to the extent it cannot lawfully be limited, including liability for fraud or willful misconduct where applicable law prohibits limitation. The limitations do not limit Customer's payment obligations, indemnification obligations, or liability for violating Sections 4, 5.2, 9, 10, or 17. Each provision allocating risk is an essential basis of the parties' bargain and applies even if a limited remedy fails of its essential purpose.

15. Indemnification

Customer will defend, indemnify, and hold harmless Trails, its affiliates, and their personnel from third-party claims, proceedings, damages, judgments, penalties, losses, and reasonable legal fees arising from: Customer Content; Customer's or an Authorized User's use of the Services; an allegation that Customer Content or Customer's use infringes, misappropriates, or violates another person's rights; Customer's breach of the Agreement; or Customer's violation of law.

Trails will promptly notify Customer of a covered claim, give Customer reasonable control of the defense and settlement, and provide reasonable cooperation at Customer's expense. Customer may not settle a claim in a manner that admits wrongdoing by, imposes obligations on, or fails to fully release Trails without Trails' written consent. Trails may participate with counsel at its own expense.

16. Disputes and arbitration

16.1 Governing law

California law governs the Agreement without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal resolution

Before filing a claim, a party must send a written notice describing the dispute and requested relief and allow 30 days for good-faith negotiations. Notices to Trails must follow Section 19.

16.3 Binding individual arbitration

Except for small-claims matters and requests for temporary or injunctive relief to protect intellectual property, security, or Confidential Information, any dispute arising out of or relating to the Agreement or Services will be finally resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. One arbitrator will conduct the arbitration in English in San Francisco, California, unless the parties agree to remote proceedings. The arbitrator may award any individual remedy a court could award, subject to the Agreement, and will issue a reasoned written decision. Courts located in San Francisco, California have exclusive jurisdiction to compel arbitration, enter judgment on an award, and decide permitted court proceedings.

EACH PARTY WAIVES A JURY TRIAL. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER A REPRESENTATIVE PROCEEDING WITHOUT EVERY PARTY'S WRITTEN CONSENT.

A claim must be brought within one year after it accrues unless applicable law requires a longer period. If the class-action waiver is finally held unenforceable for a particular claim, that claim must be litigated in the courts identified above and severed from arbitration.

17. Export and sanctions

Customer will comply with applicable export-control, economic sanctions, and import laws. Customer represents that it and its Authorized Users are not prohibited parties and will not access or use the Services in an embargoed jurisdiction, for a prohibited end use, or to process data controlled under the International Traffic in Arms Regulations without Trails' prior written authorization. Trails may restrict access as necessary to comply with these laws.

18. General terms

Changes.Trails may update these Terms. Material changes will take effect for an existing paid Order at its next renewal after at least 30 days' notice, unless an earlier effective date is required by law or needed for security or abuse prevention. Other changes take effect when posted. Continued use after the effective date constitutes acceptance.

Assignment.Customer may not assign the Agreement without Trails' prior written consent. Trails may assign it to an affiliate or in connection with a merger, reorganization, financing, acquisition, or sale of all or substantially all relevant assets. Unauthorized assignments are void.

Publicity. Unless an Order states otherwise, Trails may identify Customer by name and logo as a Trails customer in customer lists and marketing materials. Trails will stop new uses within a reasonable time after Customer sends a written opt-out request.

Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations. Relationship. The parties are independent contractors; the Agreement creates no partnership, agency, employment, fiduciary, franchise, or joint venture relationship.

Entire agreement. The Agreement is the entire agreement about its subject matter and supersedes prior or contemporaneous proposals and communications. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the remainder stays in effect. A waiver must be in writing and is not a continuing waiver. Headings are for convenience. “Including” means “including without limitation.” There are no third-party beneficiaries.

19. Contact and notices

Questions about the Agreement may be sent to [email protected]. Operational and support requests may be sent to [email protected]. Formal legal notices to Trails must be sent by email to [email protected] with the subject “Legal Notice” and by nationally recognized overnight courier to:

Third Arc Inc. dba Trails
2501 30th Ave.
San Francisco, CA 94116
United States

Trails may send notices to the account owner's email address or through the Services. Email notices are effective when sent; courier notices are effective when delivered.