Terms of Service
Last modified: April 2026
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and Grovetracks LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of grovetracks.com including any content, functionality, and services offered on or through grovetracks.com (the "Website"), whether as a guest or a registered user.
Please read the Terms of Service carefully. They include a binding arbitration agreement and a class action waiver (see Binding Arbitration and Class Action Waiver), a license grant for the compositions you publish (see User Contributions), and provisions that limit our liability — all of which materially affect your rights. By clicking "I agree" at account registration, or by otherwise accessing or using the Website, you accept and agree to be bound by these Terms of Service, our Privacy Policy, our Content Policy, and our Cookie Policy, each incorporated by reference. If you do not agree, you must not access or use the Website.
This Website is offered and available only to users who are 13 years of age or older. By using this Website, you represent and warrant that you are at least 13 years of age and of legal age to form a binding contract with the Company. If you are a minor (13–17), you represent that your parent or legal guardian has reviewed these Terms of Service and consents to your use of the Website. If you do not meet these requirements, you must not access or use the Website.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time.
- Material changes (changes that reduce your rights, impose new obligations on you, or change the dispute-resolution, arbitration, license, or payment provisions) will take effect no earlier than thirty (30) days after we provide notice. Notice will be given by email to the address on your account, by a prominent banner on the Website, or by a blocking notice at your next sign-in, at our option. If you do not agree to the modified Terms, you must stop using the Website before the effective date and may request account deletion.
- Non-material changes (editorial corrections, reorganization, clarifications that do not affect your rights) take effect when posted, and the "Last Modified" date above will be updated.
Continuing to use the Website after the effective date of changes constitutes your acceptance of the revised Terms.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights (Ours)
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, other than User Contributions) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not:
- Reproduce, distribute, modify, create derivative works of, publicly display, or perform any of the Company's proprietary material on our Website, except as expressly permitted through the Website's features (such as branching, integrating, and sharing compositions).
- Modify any proprietary material from the Website.
- Delete or alter any copyright, trademark, or other proprietary notices from copies of materials from this site.
User Contributions and Derivative Works
The Website provides interactive features that allow users to create, publish, and share compositions — including original drawings, traced compositions, and derivative works created by remixing, branching from, or integrating fragments of other users' compositions (collectively, "User Contributions").
Your Ownership
You retain copyright in the original strokes, fragments, and compositions you create. Publishing a composition on Grovetracks does not transfer your copyright to the Company or to any other user. The licenses described below are limited and coexist with your ownership — they do not transfer any rights beyond the specific uses described.
Platform License (what you grant us)
When you publish a composition, you grant Grovetracks a worldwide, non-exclusive, royalty-free, sublicensable-only-to-our-service-providers license to host, cache, reproduce, store, display, perform, transmit, modify, and adapt your composition — solely for the following enumerated purposes:
- Operating the Service — serving your composition to other users, maintaining the ancestry graph, indexing for search, and providing the collaborative features of Grovetracks.
- Rendering and derivative artifacts — generating previews, thumbnails, share cards, feed entries, and format conversions (for example, creating a compressed PNG thumbnail for the gallery view, or rendering your SVG composition into an OpenGraph share card for social media previews).
- Security and reliability — creating backups, applying content classification (including NSFW detection), and responding to security or abuse incidents.
- Promoting Grovetracks — displaying your composition in Grovetracks marketing materials, press, social media posts, and homepage features, in each case with good-faith efforts to attribute you by your display name.
- Enforcing these Terms — retaining copies of removed content for internal review, appeals, legal preservation, and law-enforcement requests.
This Platform License does not authorize us to sell your composition as a standalone work, to license it to any third party for independent use outside Grovetracks, or to use it to train generative-AI or machine-learning models (see the AI Training section below).
Community Remix License (what you grant other users)
Grovetracks is a collaborative remix platform. When you publish a composition, you additionally grant every registered Grovetracks user a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, display, and prepare derivative works of your published strokes and fragments, solely for the purpose of creating and publishing new compositions on and through the Service (for example, by integrating a tree you drew into a forest scene someone else is composing, or by branching from your composition to create a remix that appears in your ancestry chain).
This Community Remix License is limited in the following ways:
- It applies only to the specific strokes, fragments, and compositions you publish — not to drafts or unpublished work.
- It applies only to uses on and through the Service — it does not authorize any user to export, print, sell, or distribute your composition outside Grovetracks as a standalone work.
- It preserves your authorship: Grovetracks automatically records ancestry for every remix. When another user integrates your work, you will appear in the ancestry chain of the resulting composition, and your display name will be credited on the share card, gallery entry, and detail page of the derivative composition.
Deletion and Derivative Survival
You may delete your published compositions at any time through your account settings. When you do, Grovetracks will make reasonable efforts to remove the composition from public listings, search results, the gallery feed, and our public APIs.
However, you acknowledge and agree that compositions other users have already created by remixing or integrating fragments of your deleted composition will continue to exist as independent works owned by their creators, and the Community Remix License you granted with respect to those already-integrated fragments survives your deletion. This is necessary to preserve the artistic integrity of downstream works created in reliance on your original publication — without this survival, a single deletion could invalidate dozens of remixes, and the collaborative remix model could not function.
Upon deletion or account termination, at your request, Grovetracks will replace your display name in the ancestry chain of surviving derivatives with a neutral handle (e.g., "Former Grovetracker"), unless you request that your handle remain visible.
Unpublished Drafts
Compositions saved as drafts but not published remain private to you and are not subject to the Platform License or the Community Remix License described above. We store drafts only to the extent necessary to provide the service to you.
AI Training
We do not use your published compositions to train generative-AI or machine-learning models, and we do not sublicense or sell your compositions to third parties for AI training purposes. We emit noai and noimageai meta tags on composition pages and, where technically feasible, X-Robots-Tag: noai HTTP headers on composition renders, and we expressly prohibit any third party from scraping Grovetracks to train or fine-tune an AI system.
If we ever wish to use compositions to train our own AI features (such as a brush-style suggestion tool or an automatic color-palette recommender), we will request your explicit, separate opt-in consent before doing so. This opt-in will be presented as a standalone choice, not bundled with these Terms.
Moral Rights Waiver
To the fullest extent permitted by applicable law, you irrevocably waive, and agree not to assert, any claims or assertions of moral rights, droit moral, rights of attribution, or rights of integrity with respect to your compositions, in each case to the extent necessary to allow Grovetracks and other users to exercise the Platform License and the Community Remix License described above. Where such rights are non-waivable under applicable law, you covenant not to enforce them in a manner that would interfere with the remix, display, and operational uses authorized by these Terms. This waiver does not affect your copyright ownership.
Traced Compositions
When you create a traced composition from a photograph:
- Uploaded photos: You represent and warrant that you have the right to trace any photo you upload — that you own it, it is licensed to you for this use, or it is in the public domain. You are solely responsible for ensuring your use does not infringe third-party copyrights, rights of publicity, or privacy rights.
- Real people: Do not trace photos of identifiable real people in intimate or sexualized contexts without their explicit, informed consent. Do not trace photographs you know or should know were shared without the subject's consent. See the Non-Consensual Intimate Imagery section and the Content Policy for details.
Representations and Warranties
You represent and warrant that:
- You own or control all rights in and to your original User Contributions and have the right to grant the licenses above.
- Your User Contributions comply with these Terms of Service and the Content Policy.
- Your User Contributions do not infringe any third-party copyright, trademark, right of publicity, or privacy right.
You are responsible for your User Contributions and, except as limited by applicable law, you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.
Digital Asset Purchases
Virtual Currency (Seeds)
Grovetracks offers a virtual platform credit called "Seeds" that you may purchase with real money through Stripe.
- What Seeds are. Seeds are a non-refundable, non-transferable, non-convertible digital credit that may be used solely within Grovetracks to access specific features (such as blooming a composition, purchasing trellises, or other feature unlocks we may introduce).
- What Seeds are not. Seeds are not money, currency, legal tender, cash equivalents, stored-value instruments, securities, cryptocurrency, digital assets within the meaning of any state digital-asset law, or prepaid access within the meaning of 31 C.F.R. §1010.100(ww). Seeds have no monetary value outside Grovetracks, cannot be exchanged for cash, goods, or services outside Grovetracks, cannot be transferred between users, cannot be sold or gifted, and cannot be redeemed with any third party.
- All sales final. All seed purchases are final and non-refundable. At point of sale, you will be asked to confirm that you understand and accept this non-refundability in addition to agreeing to these Terms. This notice is provided in addition to the Terms of Service to satisfy state consumer-protection requirements for digital goods (including California Civil Code §1723 and New York General Obligations Law §5-903).
- Forfeiture. Seeds do not expire through non-use. However, upon termination of your account (whether by you or by us), or upon discontinuation of the Grovetracks service, any unused Seeds are forfeited without refund, except where required by applicable law.
- No refunds except for technical failure. Grovetracks may, at its sole discretion, issue refunds or credit makegoods for technical failures (e.g., Seeds not credited after a successful payment, double-charges, failed feature unlocks). Contact support@grovetracks.com with your transaction ID.
- Feature availability. We may add, modify, or remove Seed-purchasable features at any time without prior notice. Forward pricing, bundles, and availability of Seed bundles may change.
Digital Items (Trellises)
Trellises are decorative borders that may be applied to your compositions.
- Trellises are non-refundable once purchased with Seeds.
- Trellises are bound to your account and cannot be transferred, sold, or gifted.
- On account termination, any Trellises in your inventory are forfeited without refund.
Payment Processing
- All purchases are processed by Stripe. Grovetracks never receives, stores, or processes your credit-card number, CVV, or billing address. We receive only a transaction confirmation, amount, and Stripe customer/payment identifiers.
- Chargebacks are not permitted except as required by applicable law. A chargeback on a Seed purchase may result in immediate account suspension pending resolution.
- No subscription. Seed purchases are one-time transactions. Grovetracks does not currently offer recurring-billing plans, auto-renewal, or negative-option billing.
Content Standards
All User Contributions must comply with our Content Policy, which is incorporated into these Terms by reference and which addresses prohibited content, mature content (Briarpatch), non-consensual intimate imagery, harassment, self-harm, AI-generated content disclosure, and other community rules.
DMCA / Copyright Takedown
Grovetracks respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. §512.
Notification of Claimed Infringement
If you believe that any User Contribution infringes your copyright, you may submit a notification to our designated DMCA agent. A valid notice must include all of the following:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed (or, for multiple works at a single site, a representative list).
- Identification of the allegedly infringing material with sufficient information to locate it on the Website (composition URL, composition ID, or similar).
- Your contact information: name, mailing address, telephone number, and email.
- A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Designated DMCA Agent:support@grovetracks.com
Counter-Notification
If you believe your User Contribution was removed or disabled by mistake or misidentification, you may submit a counter-notification under 17 U.S.C. §512(g) containing:
- Your physical or electronic signature.
- Identification of the material that was removed and its location before removal.
- A statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification.
- Your name, address, telephone number, and a statement consenting to the jurisdiction of the federal district court in your judicial district (or, if you are outside the United States, the federal court for the District of Colorado).
Upon receipt of a valid counter-notification, we will forward it to the original complainant and, absent a court action filed within 10–14 business days, restore the material.
Repeat Infringer Policy
Grovetracks maintains the following repeat-infringer policy under 17 U.S.C. §512(i):
- First valid notice: The challenged composition is removed or disabled. The user is notified by email with a copy of the notice and is informed that the violation counts as a strike.
- Second valid notice within any rolling 12-month period: The composition is removed; the user's account is suspended from publishing new compositions for 30 days; the user is warned in writing.
- Third valid notice within any rolling 12-month period: Permanent account termination, removal of all the user's content from the Service, and forfeiture of virtual currency and digital items.
"Valid" means a facially complete notice under §512(c)(3)(A); we do not adjudicate the merits of the claim. Strikes that are successfully counter-noticed and reinstated (and not followed by a court action within the statutory window) do not count toward this policy.
Non-Consensual Intimate Imagery (TAKE IT DOWN Act)
Grovetracks complies with the federal Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act ("TAKE IT DOWN Act," Public Law 119-12), which imposes a notice-and-removal regime for non-consensual intimate imagery ("NCII"), including AI-generated "digital forgeries" (deepfakes).
Prohibited. Grovetracks prohibits any composition, image, or visual depiction that shows an identifiable individual engaged in nudity or sexually explicit conduct without that individual's consent, including compositions traced from, derived from, or otherwise based on such imagery, and including any computer-generated, AI-generated, or AI-altered depictions ("digital forgeries"). Consent to the creation of an image is not consent to its publication.
How to report NCII. If you are the subject of a non-consensual intimate visual depiction published on Grovetracks, you (or your authorized representative, parent, or guardian) may request removal:
- Public report form (no account required): grovetracks.com/report/ncii
- Email:support@grovetracks.com
A valid notice must include:
- A physical or electronic signature of the identifiable individual, or an authorized representative.
- Sufficient identification and location information for Grovetracks to find the depiction (URL, composition ID, or screenshot).
- A brief good-faith statement that you are the depicted individual (or their authorized representative, parent, or guardian) and that the depiction was published without your consent.
- Your contact information: name, mailing address, telephone number (optional), and email.
Our response. Upon receipt of a valid notice, Grovetracks will remove the reported content as soon as reasonably possible, and in no event later than forty-eight (48) hours after receipt. Grovetracks will also make reasonable efforts to identify and remove any known identical copies (e.g., by hash-matching against a blocklist of removed material).
Good-faith safe harbor. Under 15 U.S.C. §6852(c)(1), Grovetracks is immune from liability for the good-faith disabling of access to or removal of material it believes in good faith to be NCII, even if the material turns out to be lawful. No formal counter-notice mechanism exists under the Act, but you may contact support@grovetracks.com if you believe content was removed in error, and we will review.
CSAM is separately governed. Minor NCII triggers parallel obligations under 18 U.S.C. §2258A (NCMEC CyberTipline reporting). Grovetracks reports suspected child sexual abuse material to the National Center for Missing & Exploited Children and preserves the content and associated metadata for at least one year per federal law. See the Content Policy for details.
Monitoring, Enforcement, and Moderation Discretion
We are not obligated to monitor content, but we reserve the right to do so. Grovetracks may, in its sole discretion, remove, label, reclassify (including reclassification to the Briarpatch), restrict access to, or delete any content or account, with or without notice, for any reason or no reason, including for violation of these Terms, our Content Policy, or applicable law.
Our exercise of (or failure to exercise) any moderation action does not create a duty to exercise similar moderation in the future or in similar situations. Nothing in these Terms creates an enforceable promise to remove specific content, to moderate within specific timeframes, or to reach specific moderation outcomes, except where applicable law imposes a specific obligation — such as the 48-hour removal timeline under the TAKE IT DOWN Act, the NCMEC reporting obligation under 18 U.S.C. §2258A, or the notice-and-takedown procedures under the DMCA.
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, to the extent required by law or permitted under our Privacy Policy.
- Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any violation of these Terms of Service.
- Consider credible evidence of related off-platform conduct when assessing serious violations, particularly those related to minor safety.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Briarpatch (Mature Content)
The Website includes a mature content area called "Briarpatch." Content in the Briarpatch may include non-sexual nudity, intense themes, edgy humor, or other material that is not suitable for all audiences. Access to Briarpatch content requires both of the following:
- Age attestation — you must affirmatively represent that you are 18 years of age or older. This attestation is in addition to the age declaration made at account registration.
- Explicit opt-in — you must enable the Briarpatch toggle in your account settings. Until you do, Briarpatch content will not appear in your feed, search results, gallery, profile views, or API responses.
Grovetracks does not display Briarpatch content on public-facing surfaces that aren't gated by the opt-in — including profile avatars, profile banners, composition thumbnails visible to non-opted-in users, or share cards outside the Briarpatch-aware surfaces. Mature content lives in the mature space.
Grovetracks commits to keeping Briarpatch content at or below twenty-five percent (25%) of total published compositions on the Website as an operational matter. This commitment is intended to keep Grovetracks comfortably outside the "more than one-third sexual material" threshold used by most state age-verification statutes.
Briarpatch content is subject to additional restrictions outlined in our Content Policy, including an enumerated list of categories that are never permitted even inside the Briarpatch (sexualization of minors, sexual violence, incest, NCII, animal cruelty glorified or eroticized, instructions for self-harm, and others).
Trademarks
The Company name, the terms "Grovetracks," "Briarpatch," "Seeds," "Trellises," "Understory," and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with our Content Policy.
- To transmit any unsolicited advertising, promotional material, spam, or similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (except for transparently disclosed parody or fan accounts that identify themselves as such).
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or that the Website deems may harm the Company or users of the Website.
- To submit false, misleading, or bad-faith reports to our moderation team in order to harass other users or flood the report queue.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site.
- Use any robot, spider, crawler, scraper, or other automated means to access the Website for any purpose not expressly authorized by us in writing, including (without limitation) to train any artificial-intelligence or machine-learning system.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.
- Attempt to gain unauthorized access to any parts of the Website, the server, or any connected database.
- Attack the Website via a denial-of-service attack or distributed denial-of-service attack.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Geographic Availability
Grovetracks is offered and available only to users located in the United States. The Website is not offered to, targeted at, or intended for use by residents of the European Union, European Economic Area, United Kingdom, or any other jurisdiction where this service would be restricted or regulated.
By using Grovetracks, you represent that you are physically located in the United States and are not accessing the Website from a restricted jurisdiction. Grovetracks employs IP-based geographic restrictions, Stripe billing-address restrictions, and user attestation to enforce this limitation. Grovetracks may terminate accounts found to be used from restricted regions. The Website is not translated into EU languages, does not use EU payment methods, and does not direct marketing at EU residents.
If you access the Website from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws. Grovetracks makes no representation that the Website or any of its content is accessible or appropriate outside the United States.
Disclaimer of Warranties
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service, your User Contributions, your use of the Website, or any claim that your User Contributions infringe a third party's rights.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the internal laws of the State of Colorado, without giving effect to any choice or conflict of law provision. Except for the binding arbitration provisions below, any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States located in the District of Colorado or the state courts of Colorado located in the City and County of Denver. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
Informal dispute resolution first. Before initiating arbitration, you agree to contact us at support@grovetracks.com with a written notice that includes your name, account username, a description of the dispute, and the relief you seek. You and Grovetracks will attempt to resolve the dispute in good faith for thirty (30) days before proceeding to arbitration.
Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms, the Grovetracks service, or our relationship that is not resolved informally shall be settled by binding individual arbitration administered by JAMS pursuant to its Consumer Minimum Standards and Streamlined Arbitration Rules then in effect. Arbitration shall be conducted in English. The arbitrator — not any federal, state, or local court — shall have exclusive authority to resolve any dispute about the arbitrability, validity, enforceability, or scope of this arbitration agreement, except as expressly carved out below.
Class action waiver.You and Grovetracks each waive any right to assert claims on a class, collective, representative, consolidated, or mass basis. All claims must be brought in your individual capacity. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding. If this class action waiver is held unenforceable by a court of competent jurisdiction with respect to any claim, then the entirety of this arbitration section shall be void with respect to that claim only, and that claim shall proceed in court — but the remainder of this section shall remain in effect.
Consumer fee cap. Where you are acting as a consumer (not as a business or in a commercial capacity), you will pay no more than $250 toward JAMS filing and administrative fees, and Grovetracks will pay all remaining JAMS administrative fees and the arbitrator's fees.
Mass arbitration protections. If 25 or more substantially similar arbitration demands are filed against Grovetracks by or with the coordination of the same counsel within any 60-day period, Grovetracks and claimants' counsel agree to meet and confer in good faith to agree on a bellwether or batching protocol before individual demands are administered by JAMS. This provision is intended to manage the coordination costs of mass filings while preserving individual claim rights.
30-day opt-out. You may opt out of this arbitration agreement (excluding the class action waiver, which applies regardless) within thirty (30) days of first accepting these Terms by sending an email to support@grovetracks.com with the subject line "Arbitration Opt-Out," including your name, account username, and a clear statement that you are opting out. Opting out does not affect any other provisions of these Terms. If you opt out, disputes will be resolved in the Colorado courts specified in the Governing Law and Jurisdiction section above.
Carve-outs. Nothing in this section prevents either party from:
- Bringing claims for injunctive or equitable relief to protect intellectual property rights.
- Submitting an NCII takedown request or DMCA notice through the procedures described above.
- Bringing claims in small-claims court within the jurisdictional limits of that court on an individual (non-class) basis.
- Asserting any claim that cannot be subject to arbitration by private contract under applicable law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect — except that if the class action waiver in the Binding Arbitration section is held unenforceable with respect to a claim, the entirety of that arbitration section shall be void as to that claim, which shall proceed in the Colorado courts specified in Governing Law.
Entire Agreement
The Terms of Service, our Privacy Policy, Content Policy, and Cookie Policy constitute the sole and entire agreement between you and Grovetracks LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Website.
Survival
Provisions that by their nature should survive termination of your account or these Terms shall survive — including the license grants for compositions published while your account was active, the moral rights waiver, the warranty disclaimers, the limitations of liability, the indemnities, the arbitration and class-action-waiver provisions, the DMCA and NCII procedures, and the governing-law provisions.
Contact
All feedback, comments, requests for technical support, legal notices, DMCA submissions, NCII takedown requests, privacy inquiries, and dispute-related correspondence should be directed to: support@grovetracks.com
Please include a descriptive subject line (e.g., "DMCA Notice," "NCII Takedown," "Arbitration Opt-Out," "Privacy Request") so we can route your message appropriately.