Terms of Service

1. Introduction

Welcome to ZivTrack, a service provided by SAGG LLC dba ZivTrack, located at 2825 Stockyard Rd Ste A-10, Missoula, MT 59808 ("ZivTrack," "Company," "we," "us," or "our").

These Terms of Service ("Terms") govern your use of the ZivTrack mobile application, website, and related services (collectively, the "Service"). By creating an account, downloading the application, or otherwise accessing the Service, you agree to these Terms. If you do not agree, you may not use ZivTrack.

2. Eligibility

• You must be 18 years or older to use ZivTrack directly as a consumer.
• If you are under 18, you may only use ZivTrack with parental/guardian consent or through a healthcare provider, where permitted by law.
• By using the Service, you represent and warrant that you meet these requirements.

3. ZivTrack Is Not Medical Advice

ZivTrack is designed to provide accountability, wellness tracking, and communication support. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition.

• ZivTrack does not provide professional medical or mental health services.
• Always seek the advice of a qualified healthcare provider with any questions regarding a medical or mental health condition.
• If you are experiencing a crisis, call 911 (in the U.S.) or your local emergency number.
• While ZivTrack may be used by healthcare providers as part of their practice, we do not control how the Service is used.

4. HIPAA Applicability

• Direct-to-consumer users: ZivTrack is not a "covered entity" under HIPAA. Your use is governed by these Terms and our Privacy Policy.
• Healthcare provider-linked users: When ZivTrack is offered through a licensed provider, we act as a Business Associate under HIPAA. In those cases, our obligations are also governed by a Business Associate Agreement (BAA) signed with that provider.

5. Accounts

• You are responsible for providing accurate and current information when creating your account.
• You are responsible for safeguarding your password and all activity under your account.
• You must notify us immediately if you become aware of unauthorized access.
• We may suspend or terminate accounts for violating these Terms.

6. Subscriptions, Billing & In-App Purchases

Some features are available only through a paid subscription:

• Renewals: Subscriptions automatically renew unless canceled.
• Cancellations: You may cancel through your account settings or via the Apple App Store/Google Play Store, if purchased there.
• Refunds: Except where required by law or by the Application Store, subscription fees are non-refundable.
• Fee Changes: We may change subscription fees with reasonable prior notice. Continued use after changes constitutes agreement.
• In-App Purchases: In-app purchases are processed by the relevant App Store and subject to its terms.

7. Promotions

Any promotions, contests, or sweepstakes offered through the Service may be governed by separate rules. If those rules conflict with these Terms, the promotion rules apply.

8. User Content

You may upload text, responses, notes, or other content ("Content"):

• You retain ownership of your Content but grant ZivTrack a license to store, process, and display it solely to operate the Service.
• You may not post unlawful, offensive, infringing, or harmful content.
• We reserve the right to remove inappropriate content or suspend accounts that violate these Terms.

9. Intellectual Property

• The Service and its original content, features, software, and branding are the exclusive property of ZivTrack or its licensors.
• You may not copy, modify, or distribute our content without prior written consent.

10. Feedback

By submitting feedback, suggestions, or ideas, you grant ZivTrack a perpetual, worldwide, royalty-free license to use and implement them without restriction.

11. Data Security

We implement reasonable technical, administrative, and physical safeguards to protect your data, including encryption and access controls. However, you are responsible for:

• Protecting your login credentials.
• Using secure networks and devices.
• Ensuring you do not share unauthorized access to your account.

We are not liable for security breaches that result from your failure to follow these precautions.

12. DMCA / Copyright Infringement

If you believe that content available on ZivTrack infringes your copyright, you may notify us under the Digital Millennium Copyright Act (DMCA). Notices should be sent to [email protected] with the details required by 17 U.S.C. § 512(c)(3). We will remove allegedly infringing material in accordance with the DMCA and may terminate repeat infringers.

13. Termination

• We may suspend or terminate your account at any time for violations of these Terms.
• Upon termination, your right to use the Service ends immediately.
• You may terminate your account at any time by deleting it or discontinuing use.

14. Disclaimers & Limitation of Liability

• The Service is provided "AS IS" and "AS AVAILABLE."
• We make no warranties of performance, availability, or fitness for a particular purpose.
• To the fullest extent permitted by law, our liability is limited to the greater of: (1) the amount you paid in the last 12 months, or (2) $100.
• We are not liable for indirect, incidental, or consequential damages, even if advised of the possibility.

15. International Users

If you access the Service outside the United States:

• Your data may be transferred to and processed in the U.S.
• If you are in the EU, UK, or Canada, you may have additional rights under GDPR or PIPEDA, including rights to access, correct, delete, and export your personal data. See our Privacy Policy for details.

16. Governing Law & Dispute Resolution

• These Terms are governed by the laws of Montana, United States.
• Any dispute will be resolved through binding arbitration in Missoula, Montana, under the rules of the American Arbitration Association (AAA).
• To the maximum extent permitted by law, you waive the right to participate in class actions or jury trials.

17. Changes to Terms

We may update these Terms from time to time. If changes are material, we will provide at least 30 days' notice before new terms take effect. Continued use of the Service after revisions means you accept the new Terms.

18. Contact Us

If you have questions about these Terms, contact us:

19. Additional Terms for Apple App Store Users

This Section 19 applies where you obtained or accessed the ZivTrack application through the Apple App Store, and is in addition to the rest of these Terms. In this Section 19, "the Application" means the ZivTrack mobile application obtained or accessed through the Apple App Store, which forms part of the Service. Nothing in this Section 19 limits or replaces any disclaimer, limitation of liability, governing law or dispute resolution provision elsewhere in these Terms. Only to the extent that a provision of this Section 19 directly conflicts with another provision of these Terms as to Apple's rights and responsibilities does this Section 19 control. This Section 19 was added on September 10, 2026. It applies to users who accept these Terms on or after that date, and to all other users from October 10, 2026, which is 30 days after publication of this change in accordance with Section 17.

• 19.1 Acknowledgement. These Terms are concluded between you and SAGG LLC dba ZivTrack only, and not with Apple Inc. ZivTrack, not Apple, is solely responsible for the Application and its content. These Terms do not provide usage rules for the Application that conflict with the Apple Media Services Terms and Conditions.
• 19.2 Scope of License. Subject to your compliance with these Terms, ZivTrack grants you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• 19.3 Maintenance and Support. ZivTrack is solely responsible for providing any maintenance and support services in respect of the Application, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services in respect of the Application.
• 19.4 Warranty. ZivTrack is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever in respect of the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be ZivTrack's sole responsibility.
• 19.5 Product Claims. ZivTrack, not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and use of it, including but not limited to (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy or similar legislation, including, where applicable, in connection with the Application's use of the HealthKit and HomeKit frameworks.
• 19.6 Intellectual Property Rights. In the event of any third party claim that the Application or your possession and use of it infringes that third party's intellectual property rights, ZivTrack, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such claim.
• 19.7 Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• 19.8 Contact Information. Questions, complaints or claims in respect of the Application should be directed to: SAGG LLC dba ZivTrack, 2825 Stockyard Road, Suite A-10, Missoula, MT 59808, United States. Email: [email protected]. Telephone: 406-544-6527.
• 19.9 Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the Application.
• 19.10 Third Party Beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary.