Tracer Terms of Use

Last Updated: 8 October 2025

Scope & Structure

These Terms govern your access to and use of the Tracer website and Tracer-hosted Control-Plane Services, including licensing, updates, and dashboards. They do not modify or replace any signed Master Service Agreement ("MSA") or related contract executed between you and Tracer. For clarity, enterprise and BYO-Cloud or On-Prem deployments are governed by separate legal instruments.

If there is any inconsistency between documents, the following order of precedence applies: the Order Form prevails, followed by the MSA, Data Processing Addendum ("DPA"), Service Level Agreement ("SLA"), Acceptable Use Policy ("AUP"), and finally these Terms of Use.

Definitions

For the purposes of these Terms:

1. Accounts & Access

You must keep all login credentials confidential and are responsible for actions taken under your Account. If you suspect unauthorized access or credential compromise, you must promptly notify Tracer. Administrators may provision and revoke user access within your organization.

2. License to Control-Plane and Agent Artifacts

Tracer grants you a limited, non-exclusive, non-transferable license to use the hosted Control-Plane and to install Tracer-signed Agent binaries solely for the purpose of operating Tracer as described in the Documentation. You may not reverse engineer, decompile, or otherwise attempt to circumvent any technical limitations of the Service. You may not use Tracer to monitor individuals or to collect personal data, nor may you repurpose Tracer for any use other than system-level telemetry and infrastructure-performance monitoring.

3. System Telemetry

Tracer collects only system-level telemetry, including CPU, memory, and I/O metrics, process identifiers and states, job timing, read-only kernel and userspace telemetry via eBPF, and OpenTelemetry pipeline events.

Tracer does not collect file contents, command-line arguments, usernames or UIDs, container image names, credentials, secrets, or any research, patient, or Protected Health Information ("PHI") data.

Tracer operates in HIPAA-aligned environments but does not process or store PHI. Where a Business Associate Agreement ("BAA") is executed, it will confirm that Tracer does not handle PHI.

4. Data Location & Deployments

In BYO-Cloud deployments, which are the default configuration, all telemetry and storage remain entirely within the Customer's own AWS account and selected region. For On-Prem deployments, the same principle applies, with all data retained within the Customer's environment. In Tracer-hosted deployments, only licensing and management metadata are processed by Tracer. Data-residency options are available in both the European Union and the United States, according to the Customer's chosen region.

5. Ownership & Processing Rights

Customers retain full ownership of Customer Data and System Telemetry. Tracer receives a limited license to process that data solely to provide, secure, and support the Service. Tracer may generate derived or de-identified data that is aggregated, anonymized, and used only to improve reliability, performance, and security. Tracer never re-identifies such data. Enterprise Customers may opt out via their MSA or DPA.

6. Privacy, Security & Subprocessors

Security measures are described in the Security Addendum. Tracer employs encryption in transit and at rest, code-signed Agents, least-privilege access, and documented technical and organizational measures ("TOMs"). In the event of a confirmed security incident affecting Control-Plane data, Tracer will notify the Customer without undue delay and within seventy-two (72) hours.

All subprocessors are SOC 2 Type II and/or ISO 27001 certified. Tracer provides thirty (30) days' advance notice of any material subprocessor changes.

7. External Platforms

You are responsible for managing and securing your own workflows and cloud environments, including any third-party systems such as AWS, Slurm, or Nextflow. Tracer is not liable for outages, failures, or changes affecting third-party services or for any terms imposed by those providers. Integrations with third-party systems may be modified or discontinued by Tracer at any time without prior notice.

8. Service Level Agreement (SLA)

Tracer guarantees 99.9 percent monthly availability for its hosted Control-Plane. The Service-credit ladder defines how Tracer compensates Customers if this level of uptime is not met. When availability drops below that level, Customers become eligible for a credit on their next invoice. If uptime falls below 99.9 percent, the credit is ten percent of that month's fee; if it falls below 99.5 percent, the credit increases to twenty-five percent; and if it falls below 99.0 percent, the credit rises to fifty percent. This step-based approach is called a ladder because the amount of compensation increases as performance decreases. These Service credits are the sole remedy for downtime, and no further financial claims or damages apply beyond the stated credits. Requests for credits must be submitted within thirty (30) days of the affected month.

9. Support

Tracer provides customer support during its standard business hours of 09:00 to 18:00 UK local time (GMT/BST as applicable), Monday through Friday. For enterprise Customers, Tracer will acknowledge and begin triage of support requests within twenty-four (24) hours of submission. Round-the-clock incident support is available under the terms of the MSA. In this context, "response time" refers to the acknowledgment and initial assessment of an issue, while "resolution time" refers to the delivery of a final fix or an appropriate workaround as defined in the applicable SLA.

10. Fees, Suspension & Trials

Fees are determined according to the applicable Order Form, and all taxes are additional. Tracer may suspend access to the Service, limited to the affected account, only in cases of non-payment exceeding thirty (30) days past due or in response to a material breach, such as Agent tampering or a security risk. Tracer will provide notice of any suspension and will promptly restore access once the issue has been resolved. Trial accounts are provided on an "as is" basis and are not covered by any warranty, indemnity, or Service-level commitments.

11. Warranties & Disclaimers

Tracer warrants that the hosted Control-Plane will substantially conform to its Documentation. All insights and recommendations are advisory only. Except for that limited warranty, the Service is provided "as is," without any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

12. Liability & Indemnities

Tracer's total cumulative liability under these Terms shall not exceed the total Control-Plane fees paid by the Customer in the twelve (12) months immediately preceding the event giving rise to the claim. This limitation does not apply to claims relating to intellectual-property infringement indemnity, breach of confidentiality, data-protection violations, or willful misconduct.

Tracer provides intellectual-property indemnity for its hosted Control-Plane when used in accordance with these Terms. This indemnity does not extend to issues arising from the use of unsupported kernels, Customer modifications, or combinations of Tracer software with third-party systems not approved by Tracer.

13. Confidentiality

Both parties shall protect all Confidential Information using at least a reasonable degree of care and shall disclose it only to those who need to know such information for legitimate business purposes. Either party may disclose Confidential Information if required by law, regulation, or court order, provided that, where permitted, the disclosing party gives prior notice to the other party.

14. Changes to These Terms

Tracer may update these Terms with thirty (30) days' prior notice, provided either by email or through an in-product banner. If you do not agree to the updated Terms, you may discontinue use of the hosted Control-Plane. Enterprise Customers will continue to operate under the previous version of the Terms until the end of their current subscription term.

15. Governing Law & Venue

For Customers established in the United States, these Terms are governed by the laws of the State of Delaware, USA. For Customers established in the European Economic Area or the United Kingdom, the governing law and exclusive venue shall be England and Wales. Either party may elect to resolve disputes through binding arbitration if mutually agreed in writing.

16. Marketing

You agree that Tracer may use your organization’s name and logo to identify you as a Tracer customer in marketing materials, including on our website, in presentations, and in case studies. We will follow any logo usage guidelines you provide and we will not present your name or logo in a way that implies endorsement of products or services you do not offer. If you wish to withdraw this permission, notify us in writing and we will remove your name and logo from new marketing materials within 30 days; we will make reasonable efforts to remove it from existing materials.

Contact

For any questions regarding these Terms, please contact hello@tracer.cloud.