terms of use

1. the service

untracked lets you upload audio files you own (audiobooks and music), store them privately and play them back in the browser and the untracked apps. It is run by the operator named in the legal notice ("we"). Using it is free of charge within the limits of the free plan; paid plans offer more (see section 7). These terms apply to everyone who uses it ("you").

2. who can use it

You must be at least 16 years old. You accept these terms by creating an account, by continuing without an account (as a guest), or by signing in.

3. your account

• Keep your password, or your guest username and access key, to yourself. Anyone who has them can use your account.
• A guest account can only be reached with its username and access key. If you lose both and aren't signed in anywhere, we can't restore access.
• You can delete your account at any time on your account page, on the web or in the app.

4. your files

• Your files stay yours. You give us only the rights we need to run the service for you: to store your files, read their tags, make thumbnails of their covers and stream them back to you. This ends when you delete a file or your account.
• Only upload files you are allowed to copy, for example audiobooks and music you bought, or your own recordings. Copies for private use are allowed only from sources that aren't obviously illegal: files from pirate sites or illegal downloads are not allowed.
• Your files are private. We don't share them with anyone, and we don't look at them unless a report of illegal content or a legal obligation requires it.
• Keep your own copies of your files. untracked is not a backup, and we can't guarantee that stored files are never lost.

5. what isn't allowed

• uploading content that infringes copyright or other rights of others,
• uploading any other illegal content,
• using the service to distribute files to other people (for example by sharing your account),
• disrupting or overloading the service, getting around its limits or security, or creating accounts automatically.

6. reports, removal and suspension

• Anyone can report content they consider illegal, as described in the legal notice.
• If content is illegal or breaks these terms, we may remove it. If you break these terms seriously or repeatedly, for example after three valid reports of copyright infringement, we may suspend or delete your account.
• We decide each case individually, taking your interests into account. Where we can reach you, we tell you what we did and why, and you can contest the decision by replying to it.

7. plans and payment

• Each plan has limits: how many audiobooks and how much music your library holds, how many files you can upload per month, how large each file may be, and how much you can stream per month. They are shown on the plans page and your account page. When you reach a limit, nothing is deleted: you can still listen and delete, but not upload more (or, after the monthly streaming allowance, start new files) until you are below it again, the next month starts, or you upgrade. "Fair use" means normal personal listening; we contact you before we restrict anything.
• Paid plans are subscriptions, paid in advance per month or per year through Stripe on the website. They renew automatically until you cancel. You can cancel at any time on your account page ("manage subscription"); the plan then runs until the end of the period already paid. Prices include VAT.
• If you are a consumer in the EU, you can withdraw from a subscription within 14 days of buying it, without giving a reason, by telling us at the email address in the legal notice. Since the plan starts right away at your request, you then pay only for the time until you withdrew.
• When a paid plan ends, your account returns to the free plan. Files above its limits are kept for at least 90 days, and we tell you before anything is deleted, so you can download or delete what you want to keep, or subscribe again.
• Deleting your account cancels a running subscription right away; there is no refund for the remaining period, except where the law requires one.

8. availability and changes

• We aim to keep the service available, but we can't promise it always is. We may change features and limits (for example upload sizes); limits of a paid plan only change for the better during a period you have paid for.
• We may end the service, or your account, with at least four weeks' notice by email (registered accounts) or on the website.
• If we change these terms, we'll tell you at least four weeks in advance. You can object, or delete your account; the old terms apply until the change takes effect.

9. liability

• We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
• For slight negligence we are liable only for breach of an obligation that is essential to the service and that you may rely on, and only for the damage typical and foreseeable for this kind of service.
• Otherwise we are not liable, in particular not for lost files you could have kept a copy of.

10. law

German law applies. If you are a consumer, this doesn't take away the protection of the mandatory law of the country where you usually live.

11. contact

Questions about these terms: the email address in the legal notice.