Terms of Service
These Terms of Service are effective June 22, 2022.
These terms of service ("Terms") govern your use of free and paid services, software and websites ("Services"), and any data provided by Tracup.com ("Tracup", "we", "our", etc.) , text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical compositions, author works, applications, links, created tasks and related information, text, files and other content or materials (collectively, the "Content") that are uploaded, downloaded or appear on our website or application.
The Tracup name and logo are our trademarks and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are our service marks, trademarks and/or trade dress and may not be copied, imitated or used, in whole or in part, without our prior written permission.
Our Privacy Policy explains how we collect and use your information. By using the Services, you agree to be bound by these Terms and our Privacy Policy. If you use our Services on behalf of an organization or entity ("Organization"), you agree to these Terms on behalf of that organization, and you represent and warrant that you have the authority to bind that organization to these Terms. In this context, "you" and "your" refer to the organization.
Our Terms and Privacy Policy will govern your legal rights and obligations. If you do not agree to be bound by all of these, please do not access or use our services.
Notice of Arbitration: Unless you opt out and except for certain types of disputes described in the Arbitration section below, you agree that disputes between you and us will be resolved by binding individual arbitration, and you waive your right to participate in a class action or class arbitration.
Your User Account and Content
1. When creating a Tracup account, you must provide accurate information.
2. Your account must be registered manually. Accounts registered using "bots" or other automated methods are not allowed. Also, you must be at least 13 years old.
3. You are responsible for protecting your password and all activities that take place under your account. You should notify us immediately if you become aware of any breach of security or unauthorized use of your account.
4. Do not share your account with other users, and you may not use other users' accounts.
5. You may not disassemble, decompile or reverse engineer the Services, or attempt or assist anyone to do so.
6. You may not use the Services for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations applicable to your use of the Services and Your Content (as defined below), including but not limited to copyright laws.
7. If you have a paid account, fees are non-refundable unless required by law. You will pay all applicable fees when due, and if those fees are paid by credit card or other electronic means, you authorize us to charge such fees using the payment method of your choice. By default, customer accounts are set to auto-renew, and we may automatically bill you for such renewals on or after the renewal date associated with your account, unless you cancel the service before the renewal date. We may revise service rates from time to time and will notify you by email of any changes in fees at least thirty (30) days prior to your service renewal date. It is your responsibility to provide Tracup.com with complete and accurate billing information. If fees expire, we may suspend or terminate your use of the Services. You are responsible for paying all taxes (excluding our net income tax), which we will collect if required by law.
8. If you require the use of a purchase order or purchase order number, you (a) must provide the purchase order number at the time of purchase; (b) agree that any terms and conditions on your purchase order shall be inapplicable and void.
9. For paid accounts, we offer a satisfaction guarantee for all services. Please note, however, that we reserve the right (on an individual basis) to revoke the refund privilege if we determine that an abuse of this policy has occurred.
General Conditions
1. We may suspend or terminate your account or cease providing all or part of our services to you at any time for any reason without liability to you, including, without limitation, if we reasonably believe that. (i) you have violated these Terms; (ii) you have created a risk or possible legal exposure for us; or (iii) it is no longer commercially viable for us to provide the Services to you. We will make reasonable efforts to notify you through our Services at the next time you attempt to access your account, or at the email address or phone number you provide to us (if applicable). If we terminate your access to the Services, your Content and all other data will no longer be accessible through your account.
2. Upon termination, all licenses and other rights granted to you under these Terms will immediately cease.
3. We reserve the right, in our sole discretion, to change these Terms and/or the Services we may offer from time to time ("Updated Terms"). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you by posting the Updated Terms on the Service, and that your use of the Service (or engaging in such other conduct as we may reasonably specify) after the Updated Terms become effective constitutes your agreement to the Updated Terms. Accordingly, you should read these Terms and any updated Terms before using the Service. The Updated Terms will be effective from the time they are posted, or such later date as set forth in the Updated Terms, and will apply to your use of the Service from that time forward. These Terms will apply to any disputes that arise prior to the effective date of the Updated Terms.
4. We reserve the right to deny access to the Service to anyone at any time and for any reason.
5. You hereby authorize us, either directly or through a third party, to make such inquiries as we deem necessary to verify your identity and/or authenticate your identity and account information. This may include requesting further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/mobile phone number or financial instrument, as well as verifying your information against third party databases or through other sources. This process is done for internal verification purposes. You further understand that we may charge a fee for this verification process.
6. We may, but are not obligated to, remove, edit, block and/or monitor content or accounts containing content that, in our sole discretion, violates these Terms.
7. You agree that you are responsible for all data charges incurred in connection with your use of the Service.
8. By creating an account, you agree that the Service may send you information and promotional messages as part of your normal business operations in connection with your use of the Service.
9. We prohibit crawling, scraping, caching or otherwise accessing any content on the Service by automated means (except as a result of standard search engine protocols or techniques used by search engines with our express consent).
10. In some cases, it may be necessary for our employees to access your account and Content in order to diagnose problems. When you contact our support team, this means that you are giving us permission to access your account as necessary to provide assistance. If you wish to receive assistance without allowing access to your account, please indicate this when communicating with our support team and these requests will be honored to the extent possible.
Your Use of Our Service
1. You may not alter, modify, adapt or change the Service, or alter, modify or change another website in a way that falsely suggests that it is related to the Service or to us.
2. You may not attempt to restrict other users' use or enjoyment of the Service, and you may not encourage or promote conduct that violates these Terms or any of our other Terms.
3. You may not access our private API in ways other than those expressly permitted by us.
4. You may not interfere with or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code that is disruptive or destructive. You may not inject content or code or otherwise alter or interfere with the way any of our pages are presented or displayed in a user's browser or device.
5. As part of the Services, we may provide downloadable client software ("Software") for you to use in connection with the Services. The Software may be automatically updated, and if the Software is designed for use on a particular mobile or desktop operating system, then a compatible system is required for use. Provided you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for the purpose of accessing the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between you and us, we retain all right, title and interest in and to the Software. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell or participate in any sale, rental, lease, loan, transfer, distribute, license, sublicense or exploit our Content, Services or any related software in any way, in whole or in part, except as expressly provided herein.
6. Violations of these Terms may result in termination of your account at our sole discretion. In addition, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by law. We may involve law enforcement and cooperate with them in prosecuting users who violate the Terms. You acknowledge that we have no obligation to pre-screen or monitor your access to or use of our Services or any information, materials or other content available through our Services, but have the right to do so. You hereby agree that we may, in our sole discretion, remove or delete any data, accounts or other content that violates these Terms or is otherwise objectionable.
7. If you choose to utilize any third party application in connection with your use of the Service, by doing so you are consenting to your content being shared with that third party application. To understand how such third-party application providers may utilize your content and other information, you should review their privacy policies.
Rights
By using the Service, you agree to the terms set forth below.
1. Ownership. For purposes of these Terms: (i) "Content" means any data, text, files, messages, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical compositions, authorship, applications, links, created tasks and related information, text, files and other content or materials; (ii) "User Content" means the content provided by the Account Holder (including you) that will be made available through the Services any Content that is made available. Content includes, but is not limited to, User Content.
2. Ownership of Content Produced by Us. Unless otherwise noted, all materials included in the Services, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips and written and other materials (collectively, "Tracup Content"), and the selection and arrangement thereof, are protected by copyright, trademark, trade dress, patent and/or other intellectual property laws, and unauthorized use of Tracup Content may violate these laws and these Terms. Except as expressly provided in these Terms, we do not grant any express or implied right to use the Tracup Content. You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale, rental, lease, loan, transfer, distribution, license, sublicense, or exploit in any way, in whole or in part, the Tracup Content, Services, or any related software or client software, except as expressly provided in these Terms. You agree not to remove, alter or obscure any copyrights, trademarks, service marks or other proprietary rights notices incorporated into or accompanying the Services or Content. You acknowledge that the Services and Content are protected by U.S. and foreign copyright, trademark and other laws.
3. Rights to User Content. We do not claim any ownership rights in the Content that you submit or create in your Tracup Services account. Any Content that belongs to you is yours. These Terms of Service do not grant us any licenses or rights to your Content, except for the limited rights we may need to provide you with the Tracup Services. Notwithstanding the foregoing, we may access Content to determine how we can improve our services and to determine customer satisfaction.Likewise, any reported data we collect from your use of the Tracup Services is yours. By using the Tracup Services, you agree that we may use this data to provide you with the Tracup Services, and you also agree that we may combine this data with anonymous data from other companies to provide benchmarking, public reporting, or otherwise use this data to provide the Tracup Services, as long as the data is anonymous and does not identify you.
4. Alerts and Notifications. As part of the services we provide, you may (if enabled) receive push notifications, text messages, alerts, emails or other types of information ("Notifications"). You control the settings for Notifications and can opt in or out of these notifications through the Services (with the possible exception of important service announcements and administrative messages that appear infrequently).
5. You acknowledge that we may not always recognize paid services, sponsored content or commercial communications. Some of the Services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that we may place such advertisements and promotions on the Services or on or in connection with content about you. You acknowledge that we may not always identify paid services, sponsored content or commercial communications.
6. You represent and warrant that (i) you own the Content you post on or through the Service or are otherwise entitled to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service will not violate, misappropriate or infringe upon the rights of any third party, including, without limitation, rights of privacy, publicity, copyright, trademark and/or other intellectual property rights (iii) you agree to pay all royalties, fees, and any other amounts owed as a result of your Content posted on or through the Service; and (iv) you have the legal right and ability to enter into these Terms of Use in your jurisdiction.
7. Although it is our intention to provide as much service as possible, there may be times when the service is interrupted, including but not limited to scheduled maintenance or upgrades, emergency repairs, unscheduled downtime, system and server failures, or due to the failure of telecommunications links and/or equipment. Therefore, we encourage you to keep your own backups of your content. In other words, we are not a backup service, and you agree that you will not rely on the Services for backup or storage of Content. We will not be liable to you for any modification, suspension or discontinuance of the Service, or for the loss of any Content. You also acknowledge that the Internet may be subject to security breaches and that submitted content or other information may not be secure.
8. You agree that we are not responsible for, and do not endorse, the content posted on the Services. We do not have any obligation to pre-screen, monitor, edit or remove any content. If your content violates these Terms, you may be held liable for that content.
9. Unless otherwise stated in the Service's Privacy Policy, as between you and us, any Content is non-confidential and non-proprietary, and we will not be responsible for any use or disclosure of the Content. You acknowledge and agree that your relationship with us is not confidential, fiduciary or otherwise special and that your decision to submit any Content does not place us in any position different from that in which a member of the general public would be placed, including in connection with your Content. None of your Content will be subject to any obligation of confidentiality on our part, nor will we be liable for any use or disclosure of any Content that you provide.
10. It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those specifically requested by us, and certain specific terms, conditions and requirements that may apply. This is to avoid any misunderstanding if your idea is similar to an idea we have developed or are developing independently. If, in spite of our policies, you choose to send us content, information, ideas, suggestions or other materials, you further agree to the following terms.
11. You grant us a royalty-free, irrevocable right to all comments, opinions, feedback, postcards, suggestions, ideas and other submissions (collectively, "User Submissions") that are disclosed, submitted or provided to us through our Service, our website, by email or telephone, by mail, or otherwise in connection with your use of the Service. You grant us a royalty-free, irrevocable, transferable right and license to use User Submissions in any manner we desire, including, but not limited to, reproduction, modification, deletion in its entirety, adaptation, publication, translation, creation of derivative works, and/or sale and/or distribution of such User Submissions and/or incorporation of such User Submissions into any form, medium or technology throughout the world.
12. We will have the right to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Submissions you submit for any purpose whatsoever, without limitation and without compensating you in any way. We are under no obligation to (1) maintain the confidentiality of any User Submission; (2) pay any compensation to a User for any User Submission; or (3) respond to any User Submission. You agree that any User Submissions you submit to us will not infringe the rights of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary rights, and will not cause injury to any person or entity. You further agree that any User Materials you submit to us will not be or contain defamatory or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigns, commercial solicitations, chain letters, mass mailings or any form of "SPAM".
Disclaimer of Warranties
1. The service, including but not limited to our content, is provided on an "as is", "as available" and "as defective" basis. to the maximum extent permitted by law, neither we nor any of our employees make any representations or warranties or endorsements, express or implied, with respect to. (a) the Services; (b) our Content; (c) User Content; or (d) security in connection with the transmission of information to us or through the Services. we also disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer viruses.
2. Tracup does not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes it available are free of any harmful components, including, but not limited to, viruses and security vulnerabilities of any kind. tracup makes no representations or warranties as to the accuracy, completeness or usefulness of the information on the service (including any instructions). you acknowledge that your use of the service is at your own risk. tracup does not warrant that your use of the service is legal in any particular jurisdiction, and tracup specifically disclaims such warranties. some jurisdictions limit or disallow disclaimers of implied or other warranties, so the above disclaimers may not apply to you, but the laws of that jurisdiction apply to you and these terms of use.
3. By accessing or using the service, you represent and warrant that your activities are legal in each jurisdiction in which you access or use the service.
4. Tracup does not endorse the Content and expressly disclaims any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or nature based on or arising out of any Content.
License Limitations
1. Without limiting any other remedies, we may restrict, suspend, terminate, modify or delete accounts or access to the Services or portions thereof with or without notice to you if you or we suspect that you have failed to comply with any of the Terms of Service or any actual or suspected illegal or improper use of the Services. As a result of account termination or restriction, you may lose your account and any User Content, as well as any benefits, privileges, earned items, and purchased items associated with your use of the Services, and we will not be obligated to compensate you for any such losses or results.
2. Without limiting our other remedies, we may limit, suspend or terminate the Services and User Accounts or portions thereof, disable access to our Services and Site and its content and tools, delay or remove Hosted Content, and take technical and legal measures to prevent Users from accessing the Services if we believe they are creating a risk or possible liability, infringing on the intellectual property rights of third parties, or do not comply with the letter or spirit of our terms or policies. In addition, in appropriate circumstances, we may, in our sole discretion, suspend or terminate the accounts of users who may be repeat infringers of third party intellectual property rights.
3. Any attempt by you to disrupt or interfere with the Services, including disrupting or manipulating the lawful operation of any of our websites or services, is a violation of our policies and may be a violation of criminal and civil law.
4. We reserve the right to permanently or temporarily discontinue the provision and/or support of the Service or a portion of the Service at any time. In such event, we are not required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Service.
Waiver and Limitation of Liability
1. In no event will the tracup parties be liable to you for any loss or damage (including, without limitation, any direct, indirect, economic, exemplary, special, punitive, incidental or consequential loss or damage) directly or indirectly in connection with (a) the Services; (b) our Content; (c) User Content; (d) your use of, inability to use, or performance of the Services; (e) any action related to investigations by Tracup parties or law enforcement authorities regarding your or any other party's use of the Services; (f) any action related to copyright or other intellectual property rights owners; (g) the operation of the Services any errors or omissions in the operation of the Services. or (h) any damage to any user's computer, mobile device or other equipment or technology, including, without limitation, any security breach or damage caused by any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other failure, including, without limitation, loss of profits, loss of goodwill, loss of data. work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable, or even if Tracup has been advised or should have known of the possibility of such damages, whether in an action in contract, negligence, strict liability, or tort (including, without limitation, whether caused in whole or in part by negligence, act of God, telecommunications failure, or theft or destruction of the Services). in no event will tracup be liable to you or anyone else for loss, damage, or injury, including, but not limited to, death or personal injury. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. in no event will tracup's total liability to you for all damages, losses, or causes of action exceed the amount you have actually completed paying to Tracup (less government taxes).
2. You agree that if you incur any damage, loss or injury as a result of our acts or omissions, the damage, if any, to you is not irreparable and is not sufficient to entitle you to seek to enjoin any exploitation of any site, service, property, product or other content owned or controlled by a Tracup party, and you have no right to enjoin or restrict any exploitation of any site, property, product Services or other content owned or controlled by Tracup parties from being developed, produced, distributed, advertised, displayed or exploited.
3. By accessing the Services, you understand that you may be waiving your rights in connection with currently unknown or unanticipated claims, and pursuant to such waiver, you acknowledge that you have read and understand, and hereby expressly waive, any interest in any similar laws, which provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
4. We are not responsible for the acts, content, information or data of third parties, and you release Tracup from any claims and damages arising out of or in any way related to your claims against any such third parties.
Indemnification
1. You (and any third party for whom you operate an account or activity on the Service) agree to defend, indemnify and hold Tracup Parties harmless (at our request) from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way related to any of the following (including as a result of your direct activity on the Service or activities on your behalf). (i) Your Content or your access to or use of the Service. (ii) Your violation or alleged violation of these Terms. (iii) Your violation of any third party rights, including, but not limited to, any intellectual property rights, rights of publicity, confidentiality, property or privacy. (iv) Your violation of any law, rule, regulation, code, statute, ordinance or order of any governmental and quasi-governmental authority, including, but not limited to, all regulatory, administrative and legislative authorities; or (v) Any misrepresentation made by you.
2. You will cooperate fully in defending any claim as required by us. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in no event will you settle any claim without our prior written consent. Notwithstanding the foregoing, you agree that the cost of any such defense will be borne solely by you.
Termination
We may terminate this Agreement at any time, with or without notice, for any reason.
