Terms of Service

Draft — not yet in effect

Last updated: [attorney/business to confirm publication date] · Status: DRAFT

1. Introduction and acceptance

These Terms of Service (the "Terms") are a legal agreement between Sasquatch Creative TX ("TrailMap," "Company," "we," "us," or "our") — the operator of the TrailMap application at trailmap.sasquatchcreativetx.com and the marketing site at findtrailmap.com (together, the "Service") — and the individual or entity that registers for or uses the Service ("Customer," "you," or "your").

By creating an account, clicking "I agree," or otherwise accessing or using the Service, you accept these Terms on behalf of yourself and, if you are acting for a business, on behalf of that business, and you represent that you are authorized to bind that business to these Terms. If you do not agree, do not use the Service.

If Customer has signed a separate written order form, master subscription agreement, or enterprise agreement with TrailMap that references these Terms, that document governs to the extent it conflicts with these Terms.

2. Definitions

• "Analysis Run" / "Run" — one full pass of the Service's analysis pipeline (ingest → deterministic engine → AI narrative → dashboard/report) against one or more uploaded or synced datasets, metered per TrailMap's published pricing.
• "Authorized User" — an individual Customer invites into a Workspace under one of the Service's roles (owner, admin, analyst, viewer).
• "Customer Data" — data Customer or its Authorized Users upload to, or sync into, the Service, including paid-media performance exports and data pulled via Connectors, plus any Business Profile inputs Customer provides.
• "Connector" — an optional official-API integration (Google Ads, Microsoft Advertising, Meta, LinkedIn Ads, TikTok Ads, OpenAI Ads, and the beta enterprise connectors SA360, DV360, and GA4) that lets the Service pull Customer Data directly from a third-party platform using credentials Customer supplies.
• "Workspace" — an isolated tenant within the Service holding one Customer's (or one client's, for agencies) data, users, and settings.
• "Subscription" — Customer's paid plan (Starter, Growth, or Agency, or successor plans).
• "Order" — the plan Customer selects at signup or through the in-app Billing page, or a separately executed order form.

3. The Service

TrailMap is a multi-tenant, business-to-business SaaS product that ingests paid-media report data — by file upload or by connecting a supported ad or analytics platform's official API — normalizes it into one schema, and produces two layers of analysis:

1. A deterministic analysis engine, written in ordinary application code, that computes every figure in a report (spend, conversions, impression share, CPA/CPL/ROAS trends, search-term waste, creative fatigue, and related diagnostics) directly from Customer Data. Every number is machine-computed and, per TrailMap's design, checked for internal consistency before it is shown.
2. An AI-written narrative layer — TrailMap's analyst AI, running on a commercial large-language-model provider TrailMap selects and operates (or, where an Order permits, a self-hosted/customer-managed model endpoint Customer configures) — that reads the engine's output and writes plain-language commentary and prioritized, effort/impact-rated recommendations. The AI layer does not perform arithmetic and does not see Customer's raw uploaded files or Connector credentials; it is given only the pre-computed findings and the Business Profile context Customer supplies.

If no AI provider is configured for a deployment ("keyless mode"), the deterministic dashboard and export still render in full; only the written narrative is unavailable.

3.1 Beta features

SA360 (Search Ads 360), DV360 (Display & Video 360), and the GA4 conversion cross-check are offered as beta features. They are newer connectors, validated against live customer accounts on request rather than broadly production-certified, and their exact field mappings are still being confirmed against real accounts. Beta features are provided "as is," may change or be withdrawn at any time without liability, are excluded from any uptime commitment TrailMap may separately offer, and TrailMap is not responsible for a sync failure or field mismatch in a beta connector — a beta sync is designed to fail loudly with the platform's own error rather than silently mis-map data.

4. Accounts and eligibility

• You must be at least 18 years old and using the Service for business purposes, not as a consumer. TrailMap is not directed to, and must not be used by, individual consumers for personal, household, or consumer purposes.
• You must provide accurate registration information and keep your account credentials confidential. You are responsible for all activity under your account and every Authorized User you invite.
• Each Workspace has an owner role able to invite/remove Authorized Users, change roles, manage billing, and export or permanently delete the Workspace's data (Section 15). Choose your Workspace owner(s) carefully.
• TrailMap may suspend or terminate an account that provides false registration information (Section 16).

5. Customer Data: ownership and license

Customer owns Customer Data. As between the parties, TrailMap acquires no ownership interest in Customer Data. Customer grants TrailMap a limited, non-exclusive, worldwide license to host, copy, transmit, and process Customer Data solely to provide, maintain, and support the Service to Customer — and for TrailMap's legitimate internal purposes described in the Privacy Policy. This license ends when the underlying data is deleted per Section 15, except for copies retained as required by law or in routine backups pending their scheduled deletion cycle.

TrailMap does not sell Customer Data, and does not use Customer Data to train its own general-purpose foundation models. Where the AI narrative layer sends derived figures to a third-party commercial LLM provider, that provider's own data-handling terms govern that processing; Customer can review the current provider arrangement via the Subprocessors list and the Data Processing Addendum.

Customer represents that it has all rights necessary to upload or connect the Customer Data it provides to the Service, and that doing so does not violate any third party's rights or any ad platform's own terms of service.

6. Acceptable use

You will not, and will not permit any Authorized User to:

• use the Service to violate any applicable law, or any third-party ad platform's own terms of service governing the account you connect;
• upload or connect data you do not have the right to provide to TrailMap;
• attempt to gain unauthorized access to the Service, another tenant's Workspace, or the underlying infrastructure, or probe/scan/test its vulnerability, except through TrailMap's responsible-disclosure process ([email protected]);
• reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent applicable law prohibits this restriction;
• resell, sublicense, or provide the Service to third parties as a stand-alone product, other than the white-label agency use case contemplated by a Growth- or Agency-tier Subscription;
• interfere with or disrupt the integrity or performance of the Service, or bypass rate limits, quotas, or authentication controls;
• use the Service to build a competing product; or
• upload malicious code.

TrailMap may suspend access immediately, without prior notice, for a violation of this Section that TrailMap reasonably believes poses a security or legal risk, and will notify Customer promptly after doing so where practicable.

7. Third-party platforms and Connectors

Connectors let TrailMap pull data from ad platforms Customer authorizes using credentials Customer supplies (OAuth refresh tokens, developer tokens, API keys, or long-lived access tokens, depending on platform). Regarding Connectors:

• Customer is responsible for maintaining valid, authorized credentials and for complying with each connected platform's own developer/API terms.
• Credentials are encrypted at rest and are never displayed back to Customer or any user after they are saved, and are never intentionally written to logs.
• TrailMap makes no changes to Customer's connected ad accounts — every Connector call is a read-only reporting call.
• TrailMap is not responsible for a third-party platform's availability, API changes, rate limits, or deprecations. Beta connectors (Section 3.1) carry additional, explicit uncertainty.

8. Subscriptions, billing, and payment

• Plans. TrailMap offers Starter, Growth, and Agency subscription tiers, each with a stated monthly run allowance, seat count, workspace count, and feature set, as published on the Pricing page.
• Billing. Self-serve subscriptions are billed through Stripe (Checkout and the Customer Portal). Customer authorizes TrailMap (via Stripe) to charge the payment method on file on a recurring monthly or annual basis, in advance, until cancelled. TrailMap does not itself receive or store full payment card numbers.
• Free trial. New Workspaces may start on a trial with a limited run allowance and no credit card required, for the period stated at signup (currently 14 days, 3 runs).
• Upgrades and downgrades. Upgrades take effect immediately and are billed pro-rata; downgrades take effect at the end of the then-current billing period.
• Overage. If Customer exceeds its monthly Analysis Run allowance, TrailMap may offer pay-as-you-go overage runs at the then-published per-run rate rather than blocking access, up to a stated cap.
• Add-on seats. Additional Authorized User seats beyond a plan's included count may be added at the then-published per-seat rate.
• Taxes. Fees are exclusive of taxes; Customer is responsible for all applicable sales, use, VAT, or similar taxes, other than taxes on TrailMap's net income.
• Failed payment. If a payment fails, TrailMap (via Stripe) may mark the account past due and may restrict, suspend, or downgrade access if payment is not cured within [attorney/business to confirm: grace-period length].

9. Refunds and cancellation

Customer may cancel a Subscription at any time through the in-app Billing page (Stripe Customer Portal). Cancellation stops future renewals; Customer retains access through the end of the then-current paid period. Except as required by law or as TrailMap agrees in writing, fees already paid are non-refundable, including for partial billing periods, unused Analysis Run allowances, or downgrades mid-period.

10. AI-generated content; decision-support disclaimer

TrailMap's analysis is decision support. It is not a guarantee of performance, and it is not professional, financial, legal, tax, or marketing advice.

• The deterministic engine computes every figure shown, directly from Customer Data, using ordinary application logic — not a language model.
• The AI narrative layer writes explanation and prioritization only, checked against the engine's findings for numeric consistency before being shown. This reduces, but does not eliminate, the risk of an inaccurate or incomplete narrative.
• Recommendations are suggestions, not instructions. TrailMap does not execute changes in any connected ad account. TrailMap is not responsible for the results of any action Customer takes or does not take based on the Service's output.
• No warranty of improved performance. TrailMap does not warrant that using the Service, or following its recommendations, will reduce cost, increase conversions, or otherwise improve any advertising outcome.

11. Intellectual property

TrailMap and its licensors own all right, title, and interest in the Service, including the deterministic engine, the report renderer, the webapp, all software, and all associated trademarks, logos, and brand elements ("TrailMap IP"), excluding Customer Data and Customer's own brand assets used under a white-label plan. Except for the limited rights granted in these Terms, TrailMap reserves all rights in the TrailMap IP. Feedback Customer provides may be used by TrailMap without restriction or obligation to Customer.

12. Confidentiality

Each party may receive confidential, non-public information of the other ("Confidential Information"), excluding information that is or becomes public through no fault of the receiving party, was already known to it without a duty of confidentiality, or is independently developed. Each party will use the other's Confidential Information only to perform under these Terms and will protect it with at least reasonable care, disclosing it only to personnel/contractors with a need to know who are similarly bound, or as required by law.

13. Warranties and disclaimers

TrailMap represents that it will provide the Service in a manner consistent with the descriptions in these Terms and TrailMap's published documentation in all material respects.

Except as expressly stated in these Terms, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the maximum extent permitted by law. TrailMap does not warrant that the Service will be uninterrupted, error-free, or fully secure, that all data will be accurately or completely ingested, or that beta features (Section 3.1) will function as intended.

TrailMap does not represent or warrant that it holds any particular security certification. As of this draft's last-updated date, TrailMap has not completed a SOC 2 or comparable third-party security audit — that is a documented roadmap item, not a current certification.

14. Data security (summary)

TrailMap maintains administrative, technical, and organizational measures appropriate to the nature of Customer Data, summarized honestly — with no overstatement — in the Privacy Policy and the Data Processing Addendum, including password hashing with argon2id, session tokens stored only as a hash, Fernet encryption at rest for Connector credentials and per-tenant AI-provider keys, role-based access control, and a tenant-scoped audit log.

15. Data export and deletion

TrailMap provides Customer, through its Workspace owner, with a complete JSON export of the Workspace's data on demand, and the ability to permanently and irreversibly delete an entire Workspace and all its data (using a type-the-workspace-name-to-confirm safeguard) — both from the app's account settings. These capabilities exist today in the product, not merely planned. Full detail, including scope and limits, is in the Privacy Policy and the Data Processing Addendum.

16. Term and termination

• Term. These Terms remain in effect for as long as Customer maintains an account or an active Subscription.
• Termination for convenience. Customer may terminate by cancelling its Subscription and, if desired, deleting its Workspace.
• Termination for cause. Either party may terminate if the other materially breaches these Terms and fails to cure within [attorney/business to confirm: cure period, e.g. 30 days] of written notice. TrailMap may terminate immediately for an Acceptable Use breach posing a security, legal, or third-party rights risk.
• Effect of termination. Customer should export any Customer Data it wishes to retain before termination takes effect. Post-termination retention/deletion is governed by the Data Processing Addendum.
• Survival. Provisions on ownership/IP, confidentiality, disclaimers, liability, indemnification, governing law, and any other provision that by its nature should survive, survive termination.

17. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to these Terms or the Service, even if advised of the possibility of such damages.

Each party's total aggregate liability arising out of or related to these Terms will not exceed the fees Customer paid to TrailMap in the twelve (12) months preceding the event giving rise to the claim.

18. Indemnification

By TrailMap. TrailMap will defend Customer against a third-party claim alleging that the Service, as provided and used in accordance with these Terms, infringes that party's intellectual property rights, and will indemnify Customer for damages finally awarded, subject to prompt notice and TrailMap controlling the defense.

By Customer. Customer will defend and indemnify TrailMap against a third-party claim arising from Customer Data, Customer's or an Authorized User's breach of Acceptable Use, or Customer's use of the Service in violation of applicable law.

19. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles, and the parties consent to the exclusive jurisdiction of the state and federal courts located in [attorney/business to confirm: county, Texas].

20. Changes to these Terms

TrailMap may modify these Terms from time to time. For material changes, TrailMap will provide notice — for example, by email to the Workspace owner(s) or an in-app notice — at least [attorney/business to confirm: notice period, e.g. 30 days] before the change takes effect. Continued use after a change takes effect constitutes acceptance.

21. Miscellaneous

• Self-hosting. TrailMap ships a self-hosted Docker deployment option; where Customer self-hosts, operational responsibilities are as described in TrailMap's deployment documentation and any separately agreed order form.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger, acquisition, or sale of substantially all assets, with notice.
• Force majeure. Neither party is liable for delay or failure to perform caused by circumstances beyond its reasonable control.
• Independent contractors. These Terms do not create a partnership, joint venture, or agency relationship.
• Severability. If any provision is unenforceable, the remaining provisions remain in full effect.
• Entire agreement. These Terms, the Privacy Policy, and the Data Processing Addendum (where applicable) are the entire agreement, superseding prior agreements, except a separately executed order form that expressly says otherwise.

22. Contact

Questions about these Terms: [email protected].
Security reports: [email protected].

This page mirrors legal/TERMS_OF_SERVICE.md in the TrailMap repository, which is the authoritative source and carries every citation to the engineering documentation this draft is grounded in. It is a draft pending attorney review and is not currently in effect.