Welcome to TrackBin. These Terms of Service ("Terms") govern your access to and use of the TrackBin software-as-a-service platform, websites, APIs, and related services (collectively, the "Service") provided by TrackBin ("TrackBin," "we," "us," or "our"). By creating an account, accessing, or using the Service, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Service.
1.Eligibility and Account Registration
You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. You represent that all information provided during registration is accurate, current, and complete, and you agree to keep it updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2.Subscription, Trial, and Billing
The Service is offered on a subscription basis. We may offer a free trial period; at the end of the trial, your subscription will continue at the then-applicable fee unless you cancel before the trial ends.
- Subscription fees are billed in advance on a recurring basis and are non-refundable except as expressly stated in our Refund Policy.
- All payments are processed by our third-party payment processor, Paddle.com Market Limited or its affiliates, acting as merchant of record. You authorize the processor to charge your selected payment method for all applicable fees and taxes.
- Fees are exclusive of taxes, levies, or duties imposed by taxing authorities, which the merchant of record collects where required.
- We may modify subscription fees with at least thirty (30) days' prior notice. Continued use of the Service after the change takes effect constitutes acceptance of the new fees.
3.License Grant and Acceptable Use
Subject to these Terms and timely payment of fees, TrackBin grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes during the subscription term.
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to derive source code from the Service, except to the extent expressly permitted by applicable law.
- Use the Service to transmit unlawful, infringing, defamatory, or harmful content, or to violate the rights of any third party.
- Resell, sublicense, lease, or otherwise commercially exploit the Service outside the scope of your subscription.
- Interfere with or disrupt the integrity or performance of the Service, including by introducing malware, conducting unauthorized penetration testing, or exceeding documented rate limits.
- Use the Service to develop a competing product or to scrape, mirror, or harvest data not belonging to your account.
4.Customer Data and Ownership
You retain all rights, title, and interest in and to the data, content, and information that you or your authorized users submit to the Service ("Customer Data"). You grant TrackBin a worldwide, non-exclusive license to host, store, process, transmit, and display Customer Data solely to provide and improve the Service in accordance with these Terms and our Privacy Policy.
You are solely responsible for the accuracy, legality, and quality of Customer Data and for obtaining all necessary rights, consents, and permits required to submit it to the Service.
5.Intellectual Property
TrackBin, its logos, software, documentation, and all related intellectual property are and remain the exclusive property of TrackBin and its licensors. No rights are granted to you other than those expressly stated in these Terms. Any feedback or suggestions you provide may be used by TrackBin without obligation or compensation to you.
6.Third-Party Services
The Service integrates with third-party providers such as map providers, email delivery, authentication, and payment processors. Your use of those services is governed by their own terms and privacy policies. TrackBin is not responsible for the availability, accuracy, or content of third-party services.
7.Term, Suspension, and Termination
These Terms remain in effect while you have an active subscription. Either party may terminate the agreement for convenience by canceling before the next renewal cycle through account settings, or for cause if the other party materially breaches these Terms and fails to cure that breach within fifteen (15) days of written notice.
We may suspend or terminate your access immediately and without prior notice if we reasonably determine that you have violated these Terms, engaged in fraudulent activity, or created risk to the Service or other users. Upon termination, your right to use the Service ceases. We will make Customer Data available for export for thirty (30) days following termination, after which it may be permanently deleted.
8.Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
TrackBin does not warrant that the Service will be uninterrupted, error-free, or completely secure. You acknowledge that the Service is a productivity tool and that decisions you make based on data displayed within the Service are your sole responsibility.
9.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TRACKBIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRACKBIN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICE WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID BY YOU TO TRACKBIN IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
10.Indemnification
You agree to defend, indemnify, and hold harmless TrackBin and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to your use of the Service, your Customer Data, your violation of these Terms, or your violation of applicable law or the rights of any third party.
11.Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. The parties agree that the exclusive jurisdiction and venue for any dispute arising under or related to these Terms will be the state or federal courts located in Delaware, and each party submits to the personal jurisdiction of those courts.
For Customers located in the European Union, United Kingdom, or other jurisdictions where mandatory consumer protection laws apply, nothing in these Terms is intended to override or limit your statutory rights under applicable local law.
12.Changes to These Terms
We may update these Terms from time to time. If a change is material, we will provide notice through the Service or by email at least thirty (30) days before it takes effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13.Miscellaneous
These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and TrackBin and supersede any prior agreements regarding the subject matter. If any provision is held unenforceable, the remaining provisions remain in full force and effect. Failure to enforce any right or provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms freely.
14.Contact
For questions about these Terms, contact us at admin@trackbinapp.com.
