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Untraced

Terms of Use

Version 1.1 — Last updated: 30 August 2026

1. Provider and Scope

These Terms of Use ("Terms") govern your use of the mobile application Untraced ("the App") and the website untraced.app ("the Website").

Provider:

Batuhan Kabaktepe
Hamburger Straße 5
22941 Bargteheide
Germany
Email: batuhan.kabaktepe23@hotmail.com

The provider is a sole trader (Einzelunternehmen) established in Germany.

By downloading, installing or using the App, you agree to these Terms. If you do not agree, please do not use the App and delete it from your device.

Relationship to Apple's terms: The App is distributed exclusively via the Apple App Store. Apple's Licensed Application End User License Agreement (the "Apple Standard EULA", available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) applies in addition to these Terms. Where these Terms and the Apple Standard EULA conflict, these Terms prevail to the extent legally permissible, except in respect of Section 12 below, which reflects Apple's mandatory requirements.

2. What Untraced Is

Untraced is a personal, offline-first driving diary. It records the drives you make, visualises the roads you have driven on a private map that grows over time, and adds playful progress elements such as experience points, levels, badges and streaks.

Untraced is intended for personal, non-commercial use as a leisure and memory application.

3. What Untraced Is Not — Important Limitations

Please read this section carefully. It defines the limits of what the App is designed and suitable for.

3.1 Not a navigation system

Untraced does not provide route guidance, turn-by-turn navigation, traffic information or driving directions. Do not use it for navigation.

3.2 Not a legally compliant logbook for tax purposes

Untraced is expressly not suitable as a driver's logbook (Fahrtenbuch) within the meaning of § 6(1) No. 4 sentence 3 EStG or § 8(2) sentence 4 EStG, and does not meet the requirements set by German tax authorities or courts for a proper logbook. It does not record the information a tax-compliant logbook requires, offers no protection against subsequent modification, and is not audit-proof. Do not rely on it for tax declarations, expense claims, employer mileage reimbursement, or any other official or commercial purpose.

3.3 Not evidence

The recorded data is not suitable as evidence in legal proceedings, insurance claims, or administrative or criminal matters. It is not tamper-proof and its accuracy cannot be guaranteed.

3.4 Not a safety, emergency or tracking system

Untraced is not an emergency call system, breakdown service, accident detection system, anti-theft device, or a system for monitoring other people. Do not rely on it in situations where personal safety depends on it.

3.5 Accuracy of recorded data

All distances, speeds, routes, durations and derived statistics are approximate values calculated from GPS and motion sensor data. GPS accuracy varies depending on satellite coverage, weather, buildings, tunnels, device model, battery-saving settings and other factors outside my control. Recordings may be incomplete, delayed, imprecise, or may fail to start or stop at the correct moment. Automatic drive detection in particular is a heuristic and will not be correct in every case. No warranty is given as to the accuracy or completeness of any recorded data.

4. Road Safety — Your Responsibility

Do not operate the App while driving. Set up the App before you start driving, and only interact with it when your vehicle is safely stationary.

You are solely responsible at all times for operating your vehicle safely and in compliance with all applicable traffic laws, including in particular the prohibition on using mobile devices while driving (§ 23(1a) StVO in Germany, and equivalent rules elsewhere). Untraced is designed to run automatically in the background precisely so that you do not need to touch your phone while driving.

Nothing in the App relieves you of your duty to devote your full attention to the road.

5. Licence

Subject to your compliance with these Terms, you are granted a simple, non-exclusive, non-transferable, revocable right to install and use the App on Apple-branded devices that you own or control, for your personal, non-commercial purposes, for the duration of your use.

You may not:

  • copy, distribute, rent, lend, sublicense, sell or otherwise commercially exploit the App;
  • reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except to the extent that this is expressly permitted by mandatory law (in particular § 69e UrhG);
  • remove, alter or obscure any copyright, trademark or other proprietary notices;
  • circumvent, disable or interfere with the App's technical protection measures, in particular the mechanisms that distinguish free features from Untraced Pro features;
  • use the App in a way that violates applicable law or the rights of third parties.

All rights not expressly granted to you remain reserved.

6. Free Version and Untraced Pro

Untraced can be used free of charge with its core functionality. Certain additional features are reserved for the paid subscription Untraced Pro. The current scope of the free version and of Untraced Pro is displayed within the App at the point of purchase.

6.1 Conclusion of contract and payment

Purchases are made exclusively through the Apple App Store. The contract for the purchase is concluded with Apple, not with me, in accordance with Apple's terms. Prices, billing, payment methods, invoices and refunds are handled solely by Apple. I do not receive your payment details and cannot process payments or issue refunds.

6.2 Auto-renewal and cancellation

Subscriptions renew automatically for the same period unless cancelled at least 24 hours before the end of the current billing period. Cancellation is made exclusively through your Apple Account settings (iOS Settings → your name → Subscriptions), not through the App and not through me. Deleting the App does not cancel a subscription.

6.3 Free trials

Where a free trial is offered, any unused portion of the trial is forfeited when you purchase a subscription. Unless cancelled before the trial ends, the trial converts automatically into a paid subscription.

6.4 Right of withdrawal (consumers in the EU)

As a consumer, you generally have a statutory right to withdraw from a contract for digital content within 14 days without giving reasons. Because the contract for the purchase is concluded with Apple, please direct any withdrawal or refund request to Apple via https://reportaproblem.apple.com. Please note that the right of withdrawal may lapse where you have expressly consented to the immediate provision of the digital content before the end of the withdrawal period and acknowledged that you thereby lose your right of withdrawal (§ 356(5) BGB).

6.5 Changes to the scope of Pro

I may add, change or remove individual Pro features in order to develop the App further. Where a change would substantially and adversely affect a paid feature you have already purchased, I will inform you appropriately in advance and, where required by § 327r BGB, you may be entitled to terminate the contract.

7. Your Data Is Stored on Your Device — No Backup

Your drives, routes, map, progress and settings are stored exclusively locally on your device. There is no user account, no cloud storage and no server-side backup.

(The only exceptions are anonymous statistics and — if you agree to them — usage and crash reports, neither of which contains your drives, routes or location. These are described in detail in the Privacy Policy and are of no use for restoring your data.)

This means:

  • If you delete the App, all your data is irretrievably lost.
  • If you lose your device, or it is damaged, reset or stolen, your data is lost.
  • I have no access to your data and cannot restore it under any circumstances.
  • Transferring your data to a new device is only possible via an encrypted iPhone backup (iCloud Backup or an encrypted local backup via Finder/iTunes) that you create yourself.

You are solely responsible for backing up your device. I strongly recommend enabling encrypted device backups. No liability is accepted for data loss, except within the limits of Section 10 below.

Further information on data processing is set out in the Privacy Policy.

8. Availability, Updates and Discontinuation

The App is provided on an "as available" basis. No guarantee of uninterrupted availability or of any particular level of functionality is given.

Continued functionality may depend on updates to iOS, on the services of third parties (in particular Apple), and on your device. Functions may be adjusted, restricted or discontinued if this becomes necessary for technical, legal or economic reasons.

I reserve the right to discontinue the App as a whole. In that case, I will provide reasonable advance notice within the App or on the Website where this is possible and reasonable, so that you have the opportunity to export or share your content. Any subscription payments already made for a period that can no longer be used will be dealt with in accordance with Apple's refund policy.

9. Intellectual Property

The App, its source code, design, graphics, texts, the name "Untraced" and all associated brand elements are protected by copyright and other intellectual property rights and remain my property or that of the respective rights holders.

The content you generate — your drives, your map, your chapters — belongs to you. Share cards you create with the App may be used and published by you freely, including on social media. You are responsible for ensuring that publishing a share card does not infringe the rights of third parties, and for considering whether a shared map reveals information about your home address, workplace or habits that you would rather keep private.

10. Liability

I am liable without limitation:

  • for damage resulting from injury to life, body or health caused by a breach of duty by me or by my legal representatives or vicarious agents;
  • for damage caused intentionally or by gross negligence;
  • in accordance with the mandatory provisions of the German Product Liability Act (Produkthaftungsgesetz);
  • to the extent that I have assumed a guarantee.

In the case of a slightly negligent breach of a material contractual obligation — that is, an obligation the fulfilment of which is essential to the proper performance of the contract and on the observance of which you may regularly rely (a "cardinal obligation") — my liability is limited to the damage that is foreseeable and typical for this type of contract.

Any further liability is excluded. In particular, I am not liable for slightly negligent breaches of non-material obligations, nor for indirect damage, loss of profit, or consequential loss.

The above limitations also apply in favour of my personal liability as a sole trader and in favour of my employees, representatives and vicarious agents.

Nothing in these Terms limits your mandatory statutory rights as a consumer.

11. Your Responsibility and Indemnity

You are responsible for using the App lawfully. In particular, you must not use the App to record, monitor or track third parties without their knowledge and consent — for example by placing a device in someone else's vehicle. Doing so may constitute a criminal offence.

You shall indemnify me against all third-party claims, including reasonable legal defence costs, that are asserted against me due to a culpable breach of these Terms or of applicable law by you. This does not apply where you are not responsible for the breach.

12. Apple as Third-Party Beneficiary

The following provisions are required by Apple and apply to the App distributed via the App Store:

  • These Terms are concluded between you and me only, not with Apple. I alone, and not Apple, am responsible for the App and its content.
  • Apple has no obligation whatsoever to furnish any maintenance or support services in respect of the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App.
  • I, and not Apple, am responsible for addressing any claims relating to the App, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
  • I, and not Apple, am responsible for the investigation, defence, settlement and discharge of any third-party claim that the App infringes that third party's intellectual property rights.
  • You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

13. Changes to These Terms

I may amend these Terms where this is necessary due to changes in the law, in case law, in the App's functionality, or for other objectively justified reasons, and where the amendment does not unreasonably disadvantage you.

You will be informed of any material amendment within the App or at https://untraced.app/terms at least 30 days before it takes effect. If you do not agree to the amendment, you may stop using the App and delete it at any time; where you hold a paid subscription, you may cancel it via your Apple Account.

14. Term and Termination

You may stop using the App at any time by deleting it from your device. Any paid subscription must be cancelled separately via your Apple Account (Section 6.2).

I may terminate the licence granted under Section 5 with immediate effect if you seriously or repeatedly breach these Terms. In that case, you must cease using the App and delete it.

15. Applicable Law and Place of Jurisdiction

These Terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

If you are a consumer with your habitual residence in the EU, this choice of law does not deprive you of the protection afforded to you by the mandatory provisions of the law of your country of residence (Art. 6(2) Rome I Regulation).

If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with these Terms is my registered place of business.

16. Consumer Dispute Resolution

I am neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle) within the meaning of § 36 VSBG.

You can of course always contact me directly at batuhan.kabaktepe23@hotmail.com — most issues are resolved fastest that way.

17. Final Provisions

Should individual provisions of these Terms be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the applicable statutory provision.

There are no verbal side agreements. Amendments and supplements to these Terms must be made in text form.

Batuhan Kabaktepe
Hamburger Straße 5
22941 Bargteheide
Germany
batuhan.kabaktepe23@hotmail.com