Terms of Service & Policies
Effective Date: April 23, 2025
These Terms of Service & Policies (“Terms”) constitute a legal agreement between you (“you,” “your,” or “Customer”) and ATrack Solutions, LLC (“ATrack,” “we,” “us,” or “our”) regarding your access to and use of our software products, websites, and related services (collectively, the “Services”). By using or accessing our Services, you agree to be bound by these Terms and all applicable laws and regulations.
If you do not agree to these Terms, do not access or use our Services.
1. Use of Services
a. Eligibility
You must be at least 18 years old and legally authorized to enter into these Terms. By using the Services, you represent and warrant that you meet all eligibility requirements.
b. Account Registration
To access certain features, you may be required to register for an account. You agree to provide accurate information and to maintain the confidentiality of your account credentials. You are responsible for all activities under your account.
c. Acceptable Use
You agree not to use the Services to:
Violate any law or regulation
Infringe the intellectual property rights of others
Distribute malicious software or spam
Engage in unauthorized data collection or scraping
Attempt to gain unauthorized access to systems or data
2. Service Access and Availability
ATrack will make commercially reasonable efforts to ensure that the Services are available and perform in accordance with industry standards. However, we do not guarantee 100% uptime or uninterrupted access, and we reserve the right to perform scheduled maintenance or address urgent issues.
3. Fees and Payment
Use of the Services may require payment of fees as outlined in your customer agreement or order form. All fees are:
Due as specified in your billing terms
Exclusive of taxes (unless otherwise stated)
Non-refundable, except as required by law
ATrack reserves the right to suspend access to Services in the event of late payment.
4. Intellectual Property
All content, software, trademarks, and other materials made available through the Services are the property of ATrack or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for your internal business purposes only.
You may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any part of the Services.
5. Data Privacy
Your use of the Services is also governed by our:
ATrack is committed to protecting your data. We act as a data processor on behalf of our customers and implement security safeguards to protect your information.
6. Confidentiality
Both parties agree to protect the confidentiality of all non-public information exchanged in connection with the Services. Confidential information shall not be disclosed to third parties without prior written consent unless required by law.
7. Term and Termination
These Terms remain in effect until terminated. Either party may terminate for cause if the other party materially breaches and fails to cure within thirty (30) days of notice.
Upon termination:
Your right to access the Services will cease
Any outstanding payments will become immediately due
ATrack may, at its discretion, retain or delete your data in accordance with its data retention policies
8. Disclaimers
The Services are provided “as is” and “as available.” ATrack disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee that the Services will meet your requirements or be error-free.
9. Limitation of Liability
To the fullest extent permitted by law, ATrack shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenue, whether incurred directly or indirectly.
Our total liability for any claim related to the Services shall not exceed the amount paid by you for the Services in the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless ATrack, its affiliates, and their respective officers, employees, and agents from any claims, damages, liabilities, and costs arising from your violation of these Terms or misuse of the Services.
11. Modifications
We reserve the right to modify these Terms at any time. We will notify users of material changes by email or via the Services. Your continued use of the Services after changes take effect constitutes your acceptance.
12. Governing Law
These Terms shall be governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any disputes shall be resolved in the state or federal courts located in St. Johns County, Florida.
13. Contact Information
If you have any questions about these Terms or our policies, please contact us at:
ATrack Solutions, LLC
156 Alegria Cir,
Saint Augustine, FL 32095
Email: support@atracksolutions.com