Terms of Service

LAST MODIFIED: JULY 24, 2017 Thank you for using Tracko. These terms of service (the “Terms”) govern your access to and use of Tracko (“we” or “our”) websites and services (the “Services”). Please read them carefully before using the Services.
By using the Services you are agreeing to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with Tracko. The Services will continue to evolve as we refine features and functionality. We may terminate, suspend, or modify the Services, in general or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the Services at our discretion.
All documents and information on the Tracko website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of Tracko.
Content and Liability Disclaimer Tracko shall not be responsible for any errors or omissions contained on any Tracko website and reserves the right to make changes anytime without notice. Mention of non-Tracko products or services is provided for informational purposes only and constitutes neither an endorsement nor a recommendation by Tracko. All Tracko and third-party information provided on any Tracko website is provided on an “as is” basis.
Tracko DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY Tracko WEBSITE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
IN NO EVENT SHALL Tracko BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Tracko SHALL NOT BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, COST OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY Tracko WEBSITE, ANY Tracko PRODUCT OR SERVICE. THIS INCLUDES DAMAGES ARISING FROM USE OF OR IN RELIANCE ON THE DOCUMENTS OR INFORMATION PRESENT ON ANY Tracko WEBSITE (INCLUDING ANY INFORMATION POSTED OR PLACED BY ANYONE OTHER THAN Tracko), EVEN IF Tracko HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Release of Information For Legal Reasons We may release information concerning your use of the website as required by law and when we believe in good faith that such release is appropriate to protect our rights and/or comply with a judicial proceeding, court order or legal process served on us or the website.
Feedback Information Any information provided to Tracko in connection with any Tracko website shall be provided by the submitter and received by Tracko on a non-confidential basis. Such information shall be considered non-confidential and property of Tracko. By submitting any such information to Tracko you agree to a no-charge assignment to Tracko of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the information. Tracko shall be free to use such information on an unrestricted basis.
Certain of our Services are provided at no cost and certain Services are subject to various fees. The pricing for the Services can be found at http://tracko.link/pricing.php are based on usage and are non-refundable.
The fees for the pricing tiers, as well as telephony charges incurred, will be billed to your credit card and you authorize the card issuer to pay any amounts set forth herein and authorize Tracko (or our billing agent) to charge your credit card account until you or we cancel or terminate your pricing tier; provided that if payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete and accurate billing and credit card information. You agree to pay all costs of collection, including attorney's fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.
You will be responsible for payment of any applicable sales, use and other taxes and all applicable export and import fees, customs duties and similar charges (other than taxes based on Tracko’s income), and any related penalties and interest for the grant of access rights hereunder, or the delivery of related services. You will make all required payments to Tracko free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to Tracko will be your sole responsibility, and you will, upon Tracko’s request, provide Tracko with official receipts issued by appropriate taxing authorities, or such other evidence as Tracko may reasonably request, to establish that such taxes have been paid.
Access to Our Services We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
Restrictions You must comply with all applicable laws when using our Services. Except as may be expressly permitted by applicable law, or as Tracko may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
Privacy Policy Our Services are designed to allow you to assign tasks to field workers, communicate with your field workers and customers (“Users”), and view information pertaining to your field workers’ activity. Tracko does this in part using GPS and other sensors on devices running Tracko applications. Some information is automatically collected from or about your Users and field workers when you use our Services and may include, for example, geographic coordinates, phone numbers, names, and addresses.
You agree to comply with all applicable privacy and data protection regulations. Further, you agree to not use our service to send us sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to Tracko, any data subjects or relying parties. Sensitive Information includes:
Passwords, authentication/authorization credentials
Information under strict regulatory or contractual handling requirements (e.g., PCI, HIPAA, and state and federal data security laws) including:
Credit Card Information including credit card numbers, CIV numbers (three digit codes for Visa and MasterCard, four digit code for American Express) and magnetic
stripe information
Drivers License Numbers
Passport Numbers
Government Issued Identification Numbers
Financial Account Information
Health data
Biometric data
Personally identifiable information knowingly collected from children under the age of 13 or from online services directed toward children and Real time geolocation data which can identify an individual.
You agree to provide appropriate notices to your Users about, and if required by applicable laws obtain appropriate consent from Users for, your information collection and use practices relating to your use of our Services and your use of cookies for tracking purposes. Appropriate notices may include notice in the form of a privacy policy posted on your site, in your mobile application, and/or, if you use Tracko’s Notifications in the SMS messages you send through our service.
We may also collect registration and other information about you as our customer through our Site. Our collection and use of information collected about you on our website is governed by our Privacy Policy, available at https://tracko.link/privacy-policy.php Our Privacy Policy does not cover information we collect about your Users on your behalf from your mobile and web properties. It is your obligation to provide your own privacy policy or notice to your users.
Restricted Areas of the Services Certain parts of our Services, including account management features, may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you.
Products Information contained in this site may contain references to Tracko products or programs that are not announced or available in all countries. Such references do not imply that Tracko intends to announce such products, programs or services in any particular country. Consult your local Tracko representative or email Tracko at support@Tracko.link for information regarding the products and services that are available to you. Tracko’s obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from Tracko from this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
Links to Third-Party Sites The Tracko websites may contain links to third-party sites. Access to any website linked to any Tracko website is not the responsibility of Tracko and Tracko is not responsible for the accuracy, or reliability of any content on such websites. Further, the presence of a link to a third-party site does not mean that Tracko endorses that site, its products, or views expressed there. Tracko provides these links merely for convenience and the presence of such third-party links are not an endorsement or recommendation by Tracko. LIMITATION OF LIABILITY
IN NO EVENT WILL Tracko BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Tracko IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.