Accounts

When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to share your login credentials with any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Subscriptions and Payments

Access to the Service is provided on a subscription basis. You will be billed in advance on a recurring basis in accordance with the billing cycle established at the time of purchase.

At the end of each billing period, your subscription will automatically renew under the same conditions unless you cancel it or we cancel it. You may cancel your subscription renewal through your account settings or by contacting us at support@tracktile.io.

A valid payment method is required to process the payment for your subscription. You shall provide accurate and complete billing information. By submitting such information, you grant us the right to charge all subscription fees incurred through your account to any such payment instrument.

Should payment processing fail for any reason, we reserve the right to restrict access to the Service until payment is successfully processed.

Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the Service in any way that violates any applicable federal, provincial, or local law or regulation.
Use the Service for the purpose of exploiting, harming, or attempting to harm others.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is hosted, or any server, computer, or database connected to the Service.
Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
Use any robot, spider, or other automated device to access the Service for any purpose without our express written permission.
Reproduce, duplicate, copy, sell, resell, or otherwise exploit any portion of the Service without express written permission from us.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of Canada and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

Your Data

You retain all rights to the data you submit, post, or display on or through the Service (“Your Data”). By using the Service, you grant us a limited license to use, store, and process Your Data solely for the purpose of providing and improving the Service.

We will not sell, share, or distribute Your Data to third parties except as described in our Privacy Policy or as necessary to provide the Service to you.

You are responsible for ensuring that Your Data does not violate any applicable laws or the rights of any third party. You are also responsible for maintaining your own backups of Your Data.

Confidentiality

Each party agrees that all information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure (“Confidential Information”) will be kept confidential and will not be disclosed to any third party without the prior written consent of the disclosing party.

Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party prior to disclosure; (c) is independently developed without use of the disclosing party's Confidential Information; or (d) is rightfully received from a third party without restriction.

Availability and Modifications

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period.

We may update the content on the Service from time to time, but its content is not necessarily complete or up-to-date. We may also modify the features and functionality of the Service at any time.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

Your access to or use of, or inability to access or use, the Service.
Any conduct or content of any third party on the Service.
Any content obtained from the Service.
Unauthorized access, use, or alteration of your transmissions or content.

In no event shall the Company's total aggregate liability for all claims related to the Service exceed the amount you paid to the Company in the twelve (12) months preceding the event giving rise to the claim.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

The Company does not warrant that (a) the Service will function uninterrupted, securely, or be available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

Governing Law

These Terms shall be governed and construed in accordance with the laws of the Province of Prince Edward Island and the federal laws of Canada applicable therein, without regard to conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the Province of Prince Edward Island, Canada, and the parties hereby consent to personal jurisdiction and venue therein.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may do so by contacting us at support@tracktile.io.

All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.

Contact Us

If you have any questions about these Terms, you can contact us at support@tracktile.io.