Below you can find the Terms of Service for our various applications.
Tracx Systems Ltd. Located at www.tracxsystems.com (referred to here as “Tracx”) provides its Services (as defined below) to you (“You”) through its web Sites located at www.tracxtms.com, www.tracxtime.com (the “Sites”), subject to this Terms of Services agreement (“T.O.S.”). By accepting this T.O.S. or by accessing or using the Services or Sites, You acknowledge that You have read, understood, and agree to be bound by this T.O.S.. If You are entering into this T.O.S. on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this T.O.S., in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority or if You do not agree with this T.O.S., You may not use the Services.
1.2 Tracx may change this T.O.S. from time to time without prior notice. You can review the most current version of this T.O.S. at any time at http://tracxsystems.com/terms.html. The revised terms and conditions will become effective upon posting and if You use the Services after that date, we will treat Your use as acceptance of the revised terms and conditions. If any change to this T.O.S. is not acceptable to You, Your only remedy is to stop accessing and using the Services.
The "Services" includes access to:
a. the Sites,
b. the on-demand Tracx business productivity system, tools and Services provided through the Sites,
c. setup, configuration and training Services, if You purchase such Services; and (d) all software, data, text, images, sounds, video, and content made available through the Sites (collectively referred to as the “Content”).
3.1 Subject to the terms and conditions of this T.O.S., You may access and use the Services only for Your internal business purposes as contemplated by the agreement (“Agreement”).You shall not allow any unauthorized user to access or use the Services. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Services available to any third party, other than as expressly permitted by this T.O.S.; (b) copy, modify or distribute any portion of the Services; (c) use the Services to process data on behalf of any third party; or (d) use the Services in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Services and its components.
3.2 Subject to Your compliance with this T.O.S., Tracx grants You a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with Your permitted use of the Services and solely for Your internal business purposes.
3.3 Subject only to the limited right to access and use the Services expressly granted to You under this T.O.S., all rights, title and interest in and to the Services and its components will remain with and belong exclusively to Tracx. You shall not modify, adapt or hack the Services to falsely imply any sponsorship or association with Tracx, or otherwise attempt to gain unauthorized access to the Services or its related systems or networks.
3.4 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Services (“Your Content”). You will not send bulk unsolicited email through the Services. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as Your plan allows. Tracx reserves the right to access any or all your accounts in order to respond to your requests for technical support.
3.5 You understand that the technical processing and transmission of the Services, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Tracx’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services.
3.6 The failure of Tracx to exercise or enforce any right or provision of this T.O.S. shall not be a waiver of that right. You acknowledge that this T.O.S. is a contract between You and Tracx, even though it is electronic and is not physically signed by You and Tracx, and it governs Your use of the Services and takes the place of any prior agreements between You and Tracx.
3.7 As between Tracx and You, the Services and Content (except Your Content) and all intellectual property rights therein are the exclusive property of Tracx or its licensors. You or Your licensors own all intellectual property rights in Your Content. Each party reserves all rights not expressly granted to the other party under this T.O.S. or the Agreement.
“TRACX” and Tracx’s various logos used or displayed on the Services are trademarks of Tracx and You may only use these trademarks or logos for promotional purposes to identify Yourself as a customer or user of the Tracx products and Services, provided You do not attempt to claim ownership of the marks by incorporating any of them within Your names or offerings.
5.1 The Services is made available on both a free and a pay-as-You-go basis. Tracx charges for Paid Plans with added capacity and user provisioning. In addition, You may purchase the configuration, setup and training Services at an additional charge. If You have elected to upgrade to a Paid Plan, You will be billed monthly starting on the day of the upgrade. You can cancel a Paid Plan at any time and You will not be billed again. Upon upgrading or downgrading in plan level, You will be credited pro rata for the time remaining in the current billing cycle. Downgrading Your account may cause the loss of features, or capacity of Your account. Tracx does not accept any liability for such loss. Prices of the Services, including but not limited to monthly fees to the Services, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time. In addition, special pricing may apply for customers with an exceptionally high number of end-users or an unusually high monthly usage of the Services. Tracx does not provide refunds or credits.
5.2 Tracx provides an interface for the account owner to change credit card information (e.g., upon card renewal). The account owner will receive an email receipt upon each credit card charge. The receipts are also available for the account owner from within the application. Tracx uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use Your billing information except to process Your credit card information for Tracx. Please visit http://tracxsystems.com/privacypolicy.html to understand how Tracx collects and uses personal information.
6.1 You are responsible for properly cancelling Your account. The account owner can cancel the account at any time by clicking on the Subscription settings (company) link in the global navigation bar in the system header after logging in, then clicking the Account link. There are no other means of cancelling Your account. All of Your Content will be deleted from the Services within one (1) hour upon cancellation. This information cannot be recovered once Your account is cancelled. If You are subscribed to the Paid Plan and You cancel the Services, Your cancellation will take effect immediately and You will not be charged again.
6.2 Tracx reserves the right to (i) modify or discontinue, temporarily or permanently, the Services (or any part thereof) and (ii) refuse any and all current and future use of the Services, suspend or terminate Your account (any part thereof) or use of the Services and remove and discard any of Your content in the Services, for any reason, including, if Tracx believes that You have violated this T.O.S.. Tracx will use diligent efforts to publish on the Sites or notify You about any planned downtime of the Services, and will use all reasonable efforts to contact You directly via email to warn You prior to suspension or termination of Your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your use of Services, may be referred to appropriate law enforcement authorities. Tracx shall not be liable to You or any third party for any modification, suspension or discontinuation of the Services.
THE SERVICES, INCLUDING THE SITES AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY LAW AND TRACX EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT TRACX DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM TRACX OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS T.O.S..
You will indemnify and hold harmless Tracx and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) Your access to or use of the Services or Content and (ii) Your violation of this T.O.S..
9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL TRACX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA OR BUSINESS INTERRUPTION. IN ADDITION, TRACX SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE MONTHLY SERVICES FEE PAID OR PAYABLE BY YOU FOR THE ONE MONTH PRECEDING THE TIME OF ANY CLAIM FOR MONETARY DAMAGES OR ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS T.O.S. BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS T.O.S..
9.2 Some states/provinces do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to You. IN THESE STATES, TRACX’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW .
Tracx may assign or transfer this T.O.S., in whole or in part, without restriction.
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the Services or any of its components.
This T.O.S. shall be governed by the laws of the Province of Alberta without regard to the principles of conflict of laws. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and provincial courts of the Province of Alberta for the purpose of resolving any dispute relating to Your access to or use of the Services.
If you have any questions about this or the Services, please contact Tracx at firstname.lastname@example.org.
Tracx Systems Ltd.
540 36th Street N