TraceRank Product Terms

Ava Davis Studio LLC, doing business as Mertex, is the operator of TraceRank.

Questions about these Product Terms can be sent to ava@avadavisstudio.com.

TraceRank is a focused activation diagnostic for onboarding and first-value journey analysis.

Unless we expressly agree otherwise in writing, TraceRank is not:

• a general analytics platform
• a recurring SaaS subscription commitment
• implementation or engineering work
• custom dashboarding or instrumentation rebuild work
• continuous monitoring or managed service support
• legal, privacy, tax, accounting, or security advice
• a guarantee of conversion, activation, retention, revenue, or product outcomes

You may purchase or use TraceRank only if you are at least 18 years old and legally capable of entering into a binding agreement.

If you purchase or use TraceRank on behalf of a company or organization, you represent that you have authority to bind that entity to these Product Terms.

Unless expressly stated otherwise in writing, one paid Activation Decision Audit covers one submitted journey dataset and one diagnostic pass for the purchased scope. One accepted Private Proof Pilot diagnostic covers one submitted journey dataset and one diagnostic pass for the accepted pilot scope.

Any work outside the purchased scope requires separate written agreement.

Your purchase, pilot application, intake submission, or upload does not obligate us to accept or continue an engagement that is unlawful, unusable, misleading, outside scope, or operationally unsafe.

We may reject, refuse, suspend, or cancel an order or submission where payment irregularity, fraud risk, legal risk, severe data-quality failure, or another legitimate operational reason prevents safe or reasonable delivery.

You are responsible for providing accurate intake details, a usable dataset, and any information reasonably necessary to review, accept, or complete the paid or accepted pilot diagnostic.

You are also responsible for ensuring that you have all rights, permissions, and legal authority necessary to submit the materials you provide.

You retain ownership of the data and materials you submit.

You grant us a limited, non-exclusive license to access, store, review, copy, transform, transmit, and process submitted materials only as reasonably necessary to review fit, deliver TraceRank, support operations, prevent fraud, maintain security, preserve required business records, comply with law, and enforce our rights.

Unless expressly approved in writing beforehand, do not submit protected health information subject to HIPAA, full payment card data outside approved payment channels, Social Security numbers, government identification numbers, children's personal information, biometric identifiers, or other highly sensitive personal information not required for the purchased scope.

A paid Activation Decision Audit opens after payment is verified, intake is completed, and a usable export is received. A Private Proof Pilot diagnostic opens after pilot acceptance is confirmed, intake is completed, and a usable export is received. Invalid or unusable CSV files must be corrected before a diagnostic can open.

Broken, incomplete, misleading, or unusable files delay delivery until a corrected dataset is provided.

If the submitted export is usable, the purchased diagnostic proceeds through the standard delivery flow. If the export is broken, incomplete, misleading, or unusable, delivery is delayed until a corrected dataset is provided.

Reports, summaries, analyses, rankings, recommendations, and related outputs are licensed, not sold.

Subject to payment for paid audits or written acceptance into an approved Private Proof Pilot, and compliance with these Product Terms, you receive a limited, non-exclusive, non-transferable, non-sublicensable license to use the deliverables internally for your own legitimate business purposes.

Unless we expressly agree otherwise in writing, you may not resell the deliverables, sublicense them, remove proprietary notices, publish them as your own product, or use them to build a competing commercial offering.

TraceRank, including its name, branding, structure, frameworks, logic, templates, and methodology, is owned by Ava Davis Studio LLC d/b/a Mertex or its licensors.

Except for the limited use rights expressly granted above, no right, title, or interest in TraceRank or related intellectual property is transferred to you.

Fees are as stated on the applicable product page, checkout page, invoice, or written order terms. Private Proof Pilot access, when offered, is selected and no-cost for accepted teams unless otherwise stated in writing.

Unless otherwise stated in writing, fees are due at purchase, payment obligations are non-cancelable once substantive work begins, and amounts paid are generally non-refundable once substantive work begins except where required by law. Acceptance into a no-cost pilot does not create a right to future free work, implementation, monitoring, or additional diagnostic passes.

TraceRank is a diagnostic product. We do not guarantee that any audit output, intervention, or recommendation will increase activation, conversion, retention, revenue, or any other business metric.

Business outcomes depend on many factors outside our control, including your product, implementation choices, instrumentation quality, customer behavior, team decisions, and operating environment.

Any specimen reports, public-safe examples, demos, prototypes, or mockups are illustrative unless we expressly identify them as actual client-authorized materials.

They exist to explain structure, decision quality, and audit format. They should not be treated as guaranteed outcomes for your business. Private Proof Pilot findings may be turned into public-safe proof content only in anonymized or de-identified form and only after review and approval of the content intended for publication, unless otherwise agreed in writing.

We will treat non-public submitted materials and non-public business information you provide in connection with TraceRank as confidential and will use that information only as reasonably necessary to provide the product, operate the business, enforce our rights, and comply with law.

Uploaded files submitted for TraceRank are generally deleted within 7 days after audit completion unless a longer period is reasonably necessary for legal compliance, fraud prevention, dispute handling, security, backup integrity, or another legitimate operational reason.

To the maximum extent permitted by law, TraceRank and all related deliverables and services are provided on an “as is” and “as available” basis.

We disclaim all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, completeness, availability, or security.

To the maximum extent permitted by law, Ava Davis Studio LLC d/b/a Mertex and its related parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data, or business interruption arising out of or relating to TraceRank or these Product Terms.

To the maximum extent permitted by law, the total aggregate liability of Ava Davis Studio LLC d/b/a Mertex and its related parties for claims arising out of or relating to TraceRank or these Product Terms will not exceed the amount you paid for the specific TraceRank order giving rise to the claim during the twelve months before the event giving rise to liability.

These Product Terms and any dispute arising out of or relating to TraceRank are governed by the laws of the State of Ohio, without regard to conflict-of-law principles.

Any dispute arising out of or relating to TraceRank or these Product Terms shall be brought exclusively in the state or federal courts located in Hamilton County, Ohio, and you consent to the personal jurisdiction and venue of those courts.

We may update these Product Terms from time to time. When we do, we will post the revised version and update the Last Updated date above.

The version in effect at the time of your purchase will generally govern that purchase unless a later version is required by law or expressly accepted by you.

Ava Davis Studio LLC d/b/a Mertex

ava@avadavisstudio.com