Terms of Service
Last Updated on September 26, 2025
Introduction
Welcome to ZivTrack, a service provided by SAGG LLC dba ZivTrack, located at 2825 Stockyard Rd Ste A-10, Missoula, MT 59808 (“ZivTrack,” “Company,” “we,” “us,” or “our”).
These Terms of Service (“Terms”) govern your use of the ZivTrack mobile application, website, and related services (collectively, the “Service”).
By creating an account, downloading the application, or otherwise accessing the Service, you agree to these Terms. If you do not agree, you may not use ZivTrack.
Eligibility
You must be 18 years or older to use ZivTrack directly as a consumer.
If you are under 18, you may only use ZivTrack with parental/guardian consent or through a healthcare provider, where permitted by law.
By using the Service, you represent and warrant that you meet these requirements.
ZivTrack Is Not Medical Advice
ZivTrack is designed to provide accountability, wellness tracking, and communication support. It is not a medical device and is not intended to diagnose, treat, cure, or prevent any disease or condition.
ZivTrack does not provide professional medical or mental health services.
Always seek the advice of a qualified healthcare provider with any questions regarding a medical or mental health condition.
If you are experiencing a crisis, call 911 (in the U.S.) or your local emergency number.
While ZivTrack may be used by healthcare providers as part of their practice, we do not control how the Service is used.
HIPAA Applicability
Direct-to-consumer users: ZivTrack is not a “covered entity” under HIPAA. Your use is governed by these Terms and our Privacy Policy.
Healthcare provider–linked users: When ZivTrack is offered through a licensed provider, we act as a Business Associate under HIPAA. In those cases, our obligations are also governed by a Business Associate Agreement (BAA) signed with that provider.
Accounts
You are responsible for providing accurate and current information when creating your account.
You are responsible for safeguarding your password and all activity under your account.
You must notify us immediately if you become aware of unauthorized access.
We may suspend or terminate accounts for violating these Terms.
Subscriptions, Billing & In-App Purchases
Some features are available only through a paid subscription:
Renewals: Subscriptions automatically renew unless canceled.
Cancellations: You may cancel through your account settings or via the Apple App Store/Google Play Store, if purchased there.
Refunds: Except where required by law or by the Application Store, subscription fees are non-refundable.
Fee Changes: We may change subscription fees with reasonable prior notice. Continued use after changes constitutes agreement.
In-App Purchases: In-app purchases are processed by the relevant App Store and subject to its terms.
Promotions
Any promotions, contests, or sweepstakes offered through the Service may be governed by separate rules. If those rules conflict with these Terms, the promotion rules apply.
User Content
You may upload text, responses, notes, or other content (“Content”):
You retain ownership of your Content but grant ZivTrack a license to store, process, and display it solely to operate the Service.
You may not post unlawful, offensive, infringing, or harmful content.
We reserve the right to remove inappropriate content or suspend accounts that violate these Terms.
Intellectual Property
The Service and its original content, features, software, and branding are the exclusive property of ZivTrack or its licensors.
You may not copy, modify, or distribute our content without prior written consent.
Feedback
By submitting feedback, suggestions, or ideas, you grant ZivTrack a perpetual, worldwide, royalty-free license to use and implement them without restriction.
Data Security
We implement reasonable technical, administrative, and physical safeguards to protect your data, including encryption and access controls.
However, you are responsible for:
Protecting your login credentials.
Using secure networks and devices.
Ensuring you do not share unauthorized access to your account.
We are not liable for security breaches that result from your failure to follow these precautions.
DMCA / Copyright Infringement
If you believe that content available on ZivTrack infringes your copyright, you may notify us under the Digital Millennium Copyright Act (DMCA). Notices should be sent to: geoff@zivtrack.com with the details required by 17 U.S.C. § 512(c)(3).
We will remove allegedly infringing material in accordance with the DMCA and may terminate repeat infringers.
Termination
We may suspend or terminate your account at any time for violations of these Terms.
Upon termination, your right to use the Service ends immediately.
You may terminate your account at any time by deleting it or discontinuing use.
Disclaimers & Limitation of Liability
The Service is provided “AS IS” and “AS AVAILABLE.”
We make no warranties of performance, availability, or fitness for a particular purpose.
To the fullest extent permitted by law, our liability is limited to the greater of:
The amount you paid in the last 12 months, or
$100.
We are not liable for indirect, incidental, or consequential damages, even if advised of the possibility.
International Users
If you access the Service outside the United States:
Your data may be transferred to and processed in the U.S.
If you are in the EU, UK, or Canada, you may have additional rights under GDPR or PIPEDA, including rights to access, correct, delete, and export your personal data. See our Privacy Policy for details.
Governing Law & Dispute Resolution
These Terms are governed by the laws of Montana, United States.
Any dispute will be resolved through binding arbitration in Missoula, Montana, under the rules of the American Arbitration Association (AAA).
To the maximum extent permitted by law, you waive the right to participate in class actions or jury trials.
Changes to Terms
We may update these Terms from time to time. If changes are material, we will provide at least 30 days’ notice before new terms take effect. Continued use of the Service after revisions means you accept the new Terms.
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