Terms of Service

1. Introduction

These Terms of Service ("Terms") are an agreement between you and Tracwave Inc. ("Tracwave") governing your access to and use of Tracwave’s website, applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms and our Privacy Policy.

2. Acceptance of Terms

• You must be at least 18 years old and have the legal capacity to enter into a binding agreement.
• If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
• If you do not agree to these Terms, do not use the Service.

3. Accounts, Access & Security

• You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.
• Account Owners are responsible for managing users, roles, and permissions for their organization.
• You must provide accurate information and keep it up to date.
• We may disable accounts or credentials we believe have been compromised.

4. Subscriptions, Billing & Taxes

• Paid use is billed monthly under the pricing shown when you activate or otherwise accept an order. Charges may be fixed, usage-based, or both. By activating, you authorize Tracwave and its payment processor to charge your payment method automatically for recurring fees, taxes, and amounts incurred until cancellation.
• Trials and discounts end as disclosed, and paid billing begins automatically afterward unless you cancel before the trial ends. An Account Owner may cancel through available account or billing settings or by contacting us. Cancellation stops future billing after its effective date but does not erase charges already incurred.
• Fees are generally non-refundable except where required by law or explicitly stated by Tracwave in writing.
• You are responsible for all taxes, duties, and governmental charges associated with your use of the Service.
• We may change pricing or plan features with advance notice. Changes apply to a future billing period or as otherwise stated in the notice.

5. Permitted Use; License

• Subject to these Terms, Tracwave grants you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes.
• You agree to use the Service only for lawful purposes and in accordance with all applicable laws and regulations.
• We may modify, suspend, or discontinue parts of the Service at any time (for example, for maintenance, security, or product improvements).

6. Prohibited Conduct

• Using the Service for an illegal, fraudulent, deceptive, abusive, or unauthorized purpose
• Attempting to gain unauthorized access to any account, system, or data
• Reverse-engineering, copying, reselling, or modifying the Service except where law prohibits this restriction
• Interfering with the Service, bypassing limits or security controls, scraping, or introducing malware
• Sending spam or unlawful communications, or uploading content that violates law, privacy, or third-party rights
• Using the Service to build a competing product or in a safety-critical or emergency system

7. Customer Data; Content

• You (and your organization) retain ownership of Customer Data.
• You grant Tracwave a limited license to host, store, process, transmit, and display Customer Data solely to provide, secure, and improve the Service.
• You are responsible for Customer Data and for all notices, rights, consents, and permissions needed for Tracwave and its providers to process it, including under privacy, employment, recording, and communications laws.
• Do not submit protected health information, payment-card security codes, financial-account credentials, government identifiers, biometric identifiers, or other regulated sensitive data unless Tracwave has expressly agreed in writing to support it.
• You are responsible for keeping your own copies and exporting Customer Data before account closure. Tracwave may remove unlawful content or content that creates a security or legal risk.

8. Customer Communications

If you use the Service to email, text, invoice, or otherwise contact anyone, you—not Tracwave—are the sender and are responsible for the message, recipient list, required notices, prior consent, opt-out handling, and compliance with anti-spam, telemarketing, privacy, and consumer-protection laws. You must promptly honor opt-outs and must not use purchased or unlawfully obtained contact lists.

9. Third-Party Services

The Service may interoperate with third-party products and services (such as payment processors). Third-party services are subject to their own terms and privacy policies, and Tracwave is not responsible for third-party services.

10. Confidentiality

Each party may receive the other’s non-public information and will use it only to perform under these Terms and protect it with reasonable care. This duty does not cover information independently developed, lawfully received without restriction, or public through no breach. A party may disclose information when legally required after giving notice where permitted.

11. Suspension & Termination

We may suspend or terminate access immediately for a Terms violation, security or legal risk, nonpayment, or harm to Tracwave or others. You may stop using the Service or cancel as described above. Upon termination, licenses end, outstanding charges remain due, and we may delete Customer Data under our retention practices. Provisions that by their nature should survive will survive.

12. Intellectual Property; Feedback

• The Service, including software, design, branding, and all related intellectual property, is owned by Tracwave or its licensors.
• Except for the limited license granted above, no rights are granted to you.
• If you provide feedback or suggestions, you grant Tracwave a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACWAVE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRACWAVE DOES NOT WARRANT THAT THE SERVICE OR THIRD-PARTY DATA WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, OR SECURE. ROUTES, SCHEDULES, ESTIMATES, REPORTS, INVOICES, AND AUTOMATIONS REQUIRE YOUR REVIEW. THE SERVICE IS NOT AN EMERGENCY, SAFETY-CRITICAL, LEGAL, TAX, OR ACCOUNTING SERVICE.

14. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACWAVE WILL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY.
• TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACWAVE’S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO TRACWAVE IN THE 12 MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY (OR $100 IF YOU PAID NOTHING). THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
• Some jurisdictions do not allow certain limitations; in that case, these limitations apply to the fullest extent permitted.

15. Indemnification

You will defend, indemnify, and hold harmless Tracwave and its affiliates, personnel, and providers from third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your Customer Data, communications, products or services, use of the Service, or violation of these Terms, law, or third-party rights. Tracwave may control the defense, and you will reasonably cooperate.

16. Force Majeure

Tracwave is not liable for any delay or failure to perform resulting from causes outside its reasonable control (including internet/service provider failures, acts of God, labor disputes, government actions, or cyberattacks).

17. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will update the effective date and may provide additional notice. Continued use of the Service after changes means you accept the updated Terms.

18. Governing Law; Venue

These Terms are governed by Florida law, without regard to conflict-of-law principles. You agree to exclusive venue and jurisdiction in the state courts in Orange County, Florida, or the U.S. District Court for the Middle District of Florida, for any dispute arising out of or related to these Terms or the Service.

19. General Terms

• These Terms, accepted pricing or order terms, and incorporated policies are the entire agreement about the Service and supersede prior discussions. Accepted order terms control only where they expressly conflict with these Terms.
• You may not assign these Terms without our written consent. Tracwave may assign them to an affiliate or in connection with a merger, financing, reorganization, or sale.
• A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited as necessary and the rest remains effective. There are no third-party beneficiaries.
• Notices may be sent electronically to your account email or posted in the Service. You must keep contact information current. You must comply with export-control and sanctions laws.
• Translations are provided for convenience. To the extent permitted by law, the English version controls if translations conflict.

20. Contact Us

Questions about these Terms can be emailed to contact@tracwave.com or mailed to Tracwave Inc., 6753 Bridgewater Village Rd, Windermere, FL 34786-7398, United States.