Agreement
These Terms of Service ("Terms") govern your access to and use of the IndusTrack website located at http://industrack.com and the IndusTrack software platform, mobile applications, and related services (collectively, the "Service"), operated by IndusTrack ("IndusTrack," "we," "us," or "our").
By creating an account, requesting a demo, starting a free trial, accessing, or using the Service in any way, you agree to be bound by these Terms.
If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, and references to "you" and "Customer" include that entity.
Continued use of the Service constitutes acceptance of these Terms and any future updates made in accordance with Section 11.
Accounts
To use most features of the Service, you must create an account.
You agree to:
- Provide accurate, current, and complete information.
- Keep login credentials secure.
- Notify IndusTrack immediately of unauthorized access.
- Accept responsibility for all activities occurring under your account.
You are responsible for all users associated with your account.
Subscriptions, Billing, and Payment
The Service is provided on a subscription basis.
Unless otherwise agreed in writing, subscriptions automatically renew on a month-to-month basis until cancelled by either party.
Subscription fees are billed in advance and are non-refundable except where required by law.
You authorize IndusTrack and its payment processors to charge the payment method provided for all fees due under your subscription.
You are responsible for maintaining accurate billing information and a valid payment method at all times.
If a payment method is declined, expires, becomes invalid, or otherwise fails, you remain responsible for all fees incurred during periods in which the Service was provided or made available.
Administrative, invoicing, processing, payment collection, or billing errors shall not relieve Customer of the obligation to pay for services provided.
IndusTrack may suspend or terminate access for non-payment but is not obligated to do so. Any decision by IndusTrack to continue providing services despite non-payment shall not constitute a waiver of IndusTrack's right to collect unpaid balances.
Past due balances may be subject to collection efforts. Customer agrees to reimburse reasonable collection costs, attorney fees, court costs, and related expenses incurred by IndusTrack in collecting unpaid balances where permitted by law.
License Counts and User Management
Certain subscription plans are based on the number of licensed users, field users, office users, vehicles, assets, or other usage metrics.
Customer is responsible for managing and monitoring active licenses associated with its account.
Customer may add or remove licenses through the Service or by contacting IndusTrack support.
Changes to license quantities may result in corresponding changes to subscription fees.
IndusTrack may rely upon Customer's requested additions, removals, activations, and deactivations when calculating charges.
Acceptable Use
You agree not to:
- Use the Service for unlawful, fraudulent, or harmful purposes.
- Access data that does not belong to you.
- Interfere with the operation of the Service.
- Reverse engineer, copy, modify, or resell the Service except as expressly authorized.
- Upload malicious software or harmful code.
- Send spam or unsolicited communications through the Service.
- Attempt to circumvent subscription, billing, or security controls.
Customer Data
Customer retains ownership of all data uploaded to the Service ("Customer Data").
Customer grants IndusTrack a limited license to host, process, transmit, display, backup, and otherwise use Customer Data solely for purposes of providing and supporting the Service.
Customer is responsible for the accuracy, legality, and integrity of Customer Data.
Intellectual Property
The Service, including all software, source code, designs, text, graphics, logos, trademarks, documentation, workflows, and related materials, is owned by IndusTrack or its licensors and protected by applicable intellectual property laws.
Customer receives a limited, non-exclusive, non-transferable, revocable license to use the Service during an active subscription.
Service Availability
IndusTrack strives to maintain Service availability but does not guarantee uninterrupted access.
Scheduled maintenance, third-party outages, internet disruptions, force majeure events, and circumstances beyond our reasonable control may impact availability.
IndusTrack shall not be liable for downtime, interruptions, delays, or temporary unavailability.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INDUSTRACK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
INDUSTRACK DOES NOT GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR MEET CUSTOMER'S SPECIFIC REQUIREMENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- INDUSTRACK SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
- INDUSTRACK SHALL NOT BE LIABLE FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, DATA, OR BUSINESS INTERRUPTION.
- INDUSTRACK'S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO INDUSTRACK DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Cancellation and Termination
Customer may cancel the Service at any time in accordance with IndusTrack's cancellation procedures.
Cancellation terminates future recurring charges but does not eliminate responsibility for fees incurred prior to the effective cancellation date.
Upon termination, Customer's right to access and use the Service immediately ends.
Any unpaid balances existing at termination remain due and payable.
IndusTrack may suspend or terminate access for:
- Non-payment
- Violation of these Terms
- Fraudulent activity
- Conduct that threatens the Service or other customers
Changes to Terms
IndusTrack may modify these Terms from time to time.
Material changes may be communicated by email, within the Service, or through the IndusTrack website.
Continued use of the Service following the effective date of revised Terms constitutes acceptance of the updated Terms.
Governing Law and Venue
These Terms shall be governed by and construed under the laws of the State of Minnesota, without regard to conflict of law principles.
Any dispute arising out of or relating to these Terms, the Service, subscription fees, unpaid balances, or the relationship between the parties shall be brought exclusively in the state or federal courts located in Hennepin County, Minnesota.
Customer consents to the personal jurisdiction and venue of such courts and waives any objection based on forum non conveniens or similar doctrines.
Entire Agreement
These Terms, together with any Order Forms, Statements of Work, subscription agreements, or written amendments executed by the parties, constitute the entire agreement between Customer and IndusTrack regarding the Service.
Contact Information
Questions regarding these Terms may be directed to:
IndusTrack
support@industrack.com
http://www.industrack.com