1. Introduction
These Terms of Service ("Terms") govern 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
- Certain features require payment. By subscribing, you authorize us (and our payment processor) to charge your selected payment method for applicable fees, taxes, and charges.
- 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 notice; changes apply at renewal or as otherwise stated.
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 any illegal or unauthorized purpose
- Attempting to gain unauthorized access to our systems
- Reverse-engineering or modifying any part of the platform
- Interfering with or disrupting the integrity or performance of the Service
- Uploading malware or content that violates applicable law or third-party rights
- Infringing on the intellectual property of Tracwave or others
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 obtaining all rights, consents, and permissions needed to submit Customer Data and to allow Tracwave to process it.
- You are responsible for the accuracy, legality, and content of Customer Data, including compliance with privacy and employment laws applicable to your business.
8. 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.
9. Confidentiality
Each party may receive the other party’s non-public information. You agree to use Tracwave’s confidential information only as necessary to use the Service and to protect it using reasonable care. This does not apply to information that is publicly available through no fault of yours.
10. Suspension & Termination
We may suspend or terminate access to the Service immediately if we reasonably believe you have violated these Terms, created a security risk, or could harm Tracwave, the Service, or others. Upon termination, your right to use the Service ends, and certain provisions of these Terms will survive.
11. 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.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACWAVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TRACWAVE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACWAVE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACWAVE’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO TRACWAVE FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR $100 IF YOU HAVE NOT PAID ANY AMOUNTS).
- Some jurisdictions do not allow certain limitations; in that case, these limitations apply to the fullest extent permitted.
14. Indemnification
You agree to indemnify and hold harmless Tracwave from and against claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your Customer Data, or your violation of these Terms or applicable law.
15. 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).
16. 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.
17. Governing Law; Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles. You agree to exclusive venue and jurisdiction in the state or federal courts located in Florida for any dispute arising out of or related to these Terms or the Service.