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Terms of Service

Please read these terms carefully before using DuckTracks.

Effective Date: February 20, 2026
Last Updated: March 2, 2026

Welcome to DuckTracks. These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your," or "User") and DuckTracks, LLC ("DuckTracks," "we," "us," or "our"), governing your access to and use of the DuckTracks mobile application (available on Apple App Store and Google Play Store), website, and all related services (collectively, the "Service").

Please read these Terms carefully before using DuckTracks. By creating an account, downloading the app, or using the Service in any way, you agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our Community Guidelines. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 13 years of age to use DuckTracks. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

If we learn that a user is under 13, we will immediately terminate their account and delete their personal information.

2. Account Registration and Security

2.1 Account Creation

To use DuckTracks, you must create an account using a valid email address and password, or by signing in with Google or Apple. You agree to:

  • Provide accurate, current, and complete information during registration
  • Keep your account information up to date
  • Maintain the security of your password and account credentials
  • Not share your account with anyone else
  • Not create more than one account per person

2.2 Account Security

You are responsible for all activity that occurs under your account. If you become aware of any unauthorized use of your account, notify us immediately at support@ducktracks.com. DuckTracks is not liable for any loss or damage arising from unauthorized use of your account.

2.3 Account Termination by You

You may delete your account at any time by following our Data Deletion Instructions or by contacting support@ducktracks.com.

2.4 Account Termination by Us

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, the Acceptable Use Policy, or the Community Guidelines. Upon termination, your right to use the Service ceases immediately.

3. License to Use the Service

3.1 License Grant

Subject to your compliance with these Terms, DuckTracks grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

3.2 Restrictions

You may not:

  • Copy, modify, adapt, or create derivative works based on the Service
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
  • Rent, lease, lend, sell, sublicense, or otherwise transfer the Service to any third party
  • Use the Service for any commercial purpose without our prior written consent
  • Use any automated means (bots, scrapers, crawlers) to access the Service or collect data
  • Attempt to gain unauthorized access to the Service, other accounts, or our systems
  • Remove, alter, or obscure any proprietary notices, labels, or marks on the Service
  • Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks

4. User-Generated Content

4.1 Your Content

DuckTracks allows you to create, upload, post, and share content including text, photos, messages, comments, duck profiles, and other materials ("User Content"). You retain ownership of the User Content you create.

4.2 License You Grant to DuckTracks

By posting User Content on DuckTracks, you grant DuckTracks, LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your User Content in connection with operating, promoting, and improving the Service. This license exists only for the purpose of operating DuckTracks and ends when you delete your content or your account (except for content that has been shared with others or that we are required to retain for legal purposes).

4.3 Your Responsibility for Your Content

You are solely and entirely responsible for all User Content you post, upload, share, or transmit through the Service. This includes, without limitation:

  • Posts, comments, replies, and reactions
  • Photos and images
  • Direct messages
  • Duck profiles, descriptions, and pass messages
  • Group and event content
  • Any other content you create or share

You represent and warrant that:

  • You own or have the necessary rights and permissions to post your User Content
  • Your User Content does not violate the rights of any third party, including copyright, trademark, privacy, or publicity rights
  • Your User Content does not violate any applicable law or regulation
  • Your User Content does not violate our Acceptable Use Policy or Community Guidelines

4.4 Platform, Not Publisher — Section 230 Notice

DuckTracks is a platform that enables users to create and share content. DuckTracks is not the publisher or author of User Content.

Under Section 230 of the Communications Decency Act (47 U.S.C. § 230), DuckTracks is not liable for User Content created, posted, or shared by its users. We do not endorse, guarantee, or assume responsibility for the accuracy, completeness, legality, or appropriateness of any User Content.

We reserve the right, but have no obligation, to review, monitor, edit, or remove User Content at our sole discretion. The decision to moderate content is a courtesy to our community, not a legal duty, and does not create liability for content we choose not to remove.

5. Prohibited Conduct

You agree not to use the Service to:

  • Post content that is illegal, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Post content that constitutes hate speech targeting any individual or group based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or age
  • Post sexually explicit or pornographic content
  • Post content that promotes violence or threatens physical harm
  • Harass, bully, intimidate, stalk, or threaten other users
  • Impersonate any person or entity, or misrepresent your affiliation with any person or entity
  • Post content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right of any party
  • Share private or personal information of another person without their consent (doxxing)
  • Distribute spam, chain letters, phishing attempts, or unsolicited commercial messages
  • Upload viruses, malware, or other malicious code
  • Attempt to circumvent any content moderation, blocking, or security measures
  • Create multiple accounts to evade bans or suspensions
  • Scrape, harvest, or collect user data or content from the Service
  • Use the Service for any illegal purpose

Violation of these prohibitions may result in content removal, account suspension, or permanent account termination, at our sole discretion. See our Acceptable Use Policy for details.

6. Content Moderation

6.1 Reporting

DuckTracks provides in-app reporting tools that allow users to report content or users that violate these Terms, the Acceptable Use Policy, or the Community Guidelines. You can also report violations by emailing support@ducktracks.com.

6.2 Our Right (Not Obligation) to Moderate

We may, but are not obligated to, review, monitor, or remove User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. Our decision to moderate or not moderate content does not create any liability for us.

6.3 Consequences

Violations may result in, at our sole discretion:

  • Removal of the offending content
  • Temporary account suspension
  • Permanent account termination
  • Reporting to law enforcement (for illegal activity)

We are under no obligation to provide notice or an opportunity to cure before taking action, particularly for egregious violations.

7. Intellectual Property

7.1 DuckTracks Property

The DuckTracks name, logo, design, graphics, user interface, and all underlying code, algorithms, and technology are the property of DuckTracks, LLC and are protected by copyright, trademark, and other intellectual property laws. You may not use our trademarks, logos, or branding without our prior written consent.

7.2 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant DuckTracks an unrestricted, irrevocable, perpetual, royalty-free license to use that feedback in any manner without any obligation or compensation to you.

8. Privacy

Your use of the Service is governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

DuckTracks does not sell, rent, or share your personal information with third parties for advertising or marketing purposes.

9. Third-Party Services

The Service may contain links to or integrate with third-party services (e.g., Google Sign-In, Apple Sign-In, Google Play Services, Firebase Cloud Messaging, user-provided social media links). DuckTracks is not responsible for the content, privacy practices, or terms of any third-party services. Your interactions with third-party services are governed by their respective terms and policies.

If you download or access DuckTracks through a third-party platform (such as the Apple App Store or Google Play Store), your use of the app is also subject to that platform's terms of service. Nothing in these Terms shall be construed to modify or supersede the terms of any app distribution platform.

10. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DUCKTRACKS, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM YOUR USE OF THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DUCKTRACKS, LLC, ITS OWNER (WESLEY GODWIN), ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE "DUCKTRACKS PARTIES") BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES
  • ANY DAMAGES ARISING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICE, (B) USER CONTENT POSTED BY YOU OR ANY OTHER USER, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA OR TRANSMISSIONS, (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (E) ANY OTHER MATTER RELATING TO THE SERVICE

THE TOTAL AGGREGATE LIABILITY OF THE DUCKTRACKS PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO DUCKTRACKS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE DUCKTRACKS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless DuckTracks, LLC, Wesley Godwin, and their respective officers, directors, employees, agents, affiliates, successors, and assigns (the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

  • Your use of or access to the Service
  • Your User Content (including any claims that your User Content infringes or violates the rights of any third party)
  • Your violation of these Terms, the Acceptable Use Policy, the Community Guidelines, or any applicable law or regulation
  • Your violation of any rights of any third party
  • Any dispute between you and another user of the Service

This indemnification obligation survives termination of your account and these Terms.

13. Dispute Resolution

13.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of South Carolina, United States of America, without regard to its conflict of law provisions.

13.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service ("Dispute") shall be resolved by binding individual arbitration, rather than in court, except as set forth in Section 13.5 below.

Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Spartanburg County, South Carolina, or by telephone, video conference, or other remote means if mutually agreed upon.

The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

13.3 CLASS ACTION WAIVER

YOU AND DUCKTRACKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING.

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.

13.4 Opt-Out

You may opt out of this arbitration provision by sending written notice to support@ducktracks.com within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and DuckTracks agree to submit to the exclusive jurisdiction of the state and federal courts located in Spartanburg County, South Carolina.

13.5 Exceptions to Arbitration

Notwithstanding the above, either party may:

  • Bring an individual action in small claims court for claims within the court's jurisdictional limit
  • Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights

14. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last Updated" date at the top of these Terms
  • For material changes, we will provide notice via email to the address associated with your account or through a prominent in-app notification
  • Continued use of the Service after the effective date of any modifications constitutes your acceptance of the updated Terms

If you do not agree to the modified Terms, your sole remedy is to discontinue use of the Service and delete your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Community Guidelines, End User License Agreement, and any applicable app store terms (Apple App Store or Google Play Store), constitute the entire agreement between you and DuckTracks regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15.3 Waiver

The failure of DuckTracks to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by DuckTracks.

15.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. DuckTracks may assign these Terms without restriction.

15.5 Force Majeure

DuckTracks shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to: natural disasters, acts of God, war, terrorism, pandemics, epidemics, government actions, internet or telecommunications failures, power outages, fire, flood, earthquake, or failure of third-party services (including AWS, Firebase, or Google).

15.6 Survival

The following sections survive termination of these Terms: Section 4 (User-Generated Content), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 13 (Dispute Resolution), and Section 15 (General Provisions).

15.7 Notices

Notices to DuckTracks should be sent to:

DuckTracks, LLC
PO Box 161253
Boiling Springs, SC 29316
Email: admin@ducktracks.com

Notices to you will be sent to the email address associated with your account.

16. Contact Us

If you have any questions about these Terms, please contact us:

DuckTracks, LLC
Email: support@ducktracks.com
Address: PO Box 161253, Boiling Springs, SC 29316
Website: www.ducktracks.com

By using DuckTracks, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.