Terms of Service

1. Acceptance of Terms

By accessing or using DuckTracks ("the Service," "our app," or "the platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

2. Description of Service

DuckTracks is a social platform for tracking physical rubber ducks through QR code scanning, photo sharing, and location-based interactions. Users can claim, pass, and follow the journeys of physical duck objects.

3. User Responsibilities and Conduct

3.1 Account Responsibility

• You are solely responsible for your account and all activities under your username
• You must provide accurate information and keep your account information current
• You are responsible for maintaining the confidentiality of your login credentials
• You must notify us immediately of any unauthorized use of your account

3.2 Content Responsibility

You are fully responsible for all content you post, including:

• Photos you upload (duck photos, profile photos, gallery images)
• Messages you leave when passing ducks
• Profile information and biographies
• Any other user-generated content

3.3 Legal Compliance

You agree to:

• Comply with all applicable laws and regulations
• Respect others' intellectual property rights
• Not use the Service for illegal activities
• Not impersonate others or provide false information

3.4 Prohibited Content and Conduct

You may not post content that:

• Is illegal, harmful, threatening, abusive, or discriminatory
• Contains nudity, explicit sexual content, or inappropriate material
• Infringes on intellectual property rights
• Contains spam, viruses, or malicious code
• Promotes violence, hate speech, or dangerous activities
• Violates others' privacy or safety

You may not:

• Attempt to hack, disrupt, or interfere with the Service
• Create fake accounts or automated systems
• Harvest or collect user information
• Engage in harassment or bullying
• Sell or transfer your account

4. Intellectual Property

4.1 Your Content

• You retain ownership of content you create and upload
• By using our Service, you grant us a worldwide, royalty-free license to use, display, and distribute your content for platform operations
• You represent that you have the right to grant this license
• You are responsible for ensuring your content doesn't infringe others' rights

4.2 Our Content

• DuckTracks owns all rights to the platform, software, and our original content
• You may not copy, modify, or distribute our intellectual property
• Our trademarks and logos are protected property

5. Privacy and Data

• Your use of the Service is governed by our Privacy Policy
• You consent to our collection and use of information as described in our Privacy Policy
• You understand that your profile and duck interactions may be visible to other users
• You acknowledge that we may share data with advertising partners as outlined in our Privacy Policy

6. Limitation of Liability

6.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICE
• THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE

6.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
• OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER
• WE ARE NOT RESPONSIBLE FOR DAMAGES FROM: SERVICE INTERRUPTIONS, DATA LOSS, USER CONTENT, THIRD-PARTY ACTIONS, OR FORCE MAJEURE EVENTS

6.3 User Content Liability

• YOU ASSUME ALL RISKS associated with content you post or encounter on our platform
• We are not responsible for user-generated content or user interactions
• You indemnify us against claims arising from your content or conduct
• We do not pre-screen content but reserve the right to remove prohibited content

6.4 Physical Duck Interactions

• YOU ASSUME ALL RISKS when interacting with physical ducks in real-world locations
• We are not responsible for: safety issues, theft, property damage, or any real-world incidents related to duck placement or retrieval
• Exercise common sense and follow local laws when participating

7. Indemnification

You agree to defend, indemnify, and hold harmless DuckTracks, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your content or conduct
• Your violation of these Terms
• Your violation of others' rights

8. Content Moderation

8.1 Our Rights

We reserve the right to:

• Remove content that violates these Terms
• Suspend or terminate accounts for violations
• Monitor and moderate user content
• Update our community guidelines

8.2 Reporting

Users can report inappropriate content or conduct. We will investigate reports but are not obligated to take action on every report.

8.3 No Obligation to Monitor

We have no obligation to monitor user content but reserve the right to do so.

9. Account Termination

9.1 Termination by You

You may delete your account at any time by contacting us.

9.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in prohibited conduct
• Pose a risk to the platform or users
• For any reason with reasonable notice

9.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• We may delete your account data (subject to legal requirements)
• Duck interaction history may be retained for platform continuity
• These Terms continue to apply to past conduct

10. Changes to Terms

We may modify these Terms at any time. Changes become effective:

• Immediately upon posting for minor changes
• 30 days after notice for material changes

Continued use after changes indicates acceptance. If you don't agree to changes, stop using the Service.

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of South Carolina, United States.

11.2 Arbitration

Any disputes will be resolved through binding arbitration rather than court proceedings, except for:

• Small claims court matters
• Intellectual property disputes
• Injunctive relief requests

11.3 Class Action Waiver

You waive the right to participate in class action lawsuits against us.

12. Miscellaneous

12.1 Severability

If any provision is found invalid, the remaining Terms continue in effect.

12.2 Entire Agreement

These Terms and our Privacy Policy constitute the complete agreement between us.

12.3 Assignment

We may assign these Terms. You may not assign your rights without our consent.

12.4 Waiver

Our failure to enforce any provision doesn't waive our right to enforce it later.

12.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our control.

13. Contact Information

14. Acknowledgment

By using DuckTracks, you acknowledge that:

• You have read and understood these Terms
• You agree to be bound by these Terms
• You understand the risks of using social platforms
• You are responsible for your own conduct and content
• You release us from liability as outlined above