1. Terms of Use & Subscription
1.1. Eligibility: You must be at least 18 years old and have the legal authority to bind your organization to these Terms.
1.2. Payment Terms: Access to Trakload is provided on a subscription basis. Fees are billed in advance based on your selected plan. All payments are non-refundable unless otherwise stated.
1.3. Subscription Renewals: Subscriptions automatically renew at the end of each term (monthly or annually) unless cancelled at least 30 days prior to the renewal date.
1.4. Termination: You may terminate your account at any time via the platform settings. Trakload reserves the right to suspend or terminate your access for material breaches of these Terms, including non-payment.
2. Intellectual Property Rights
2.1. Trakload Ownership: Trakload, its logos, code, design, and proprietary methodologies (including capacity planning algorithms and heat map visualizations) are the exclusive property of Trakload and its licensors.
2.2. Restrictions: You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of the software.
3. Data Ownership Policy
3.1. User Ownership: You retain all rights, title, and interest in and to all data, project briefs, user stories, and personnel information you upload to the Platform (“Customer Data”).
3.2. Limited License: You grant Trakload a worldwide, non-exclusive, royalty-free license to host, store, and process your Customer Data solely for the purpose of providing the Service to you. We will not use your data for any other purpose without your express consent.
4. Acceptable Use Policy (AUP)
You agree not to misuse the Service. Forbidden activities include, but are not limited to:
- Illegal Acts: Using the Service for any unlawful purpose or to store prohibited content.
- Interference: Attempting to circumvent security, hacking the Platform, or introducing malware/viruses.
- Spamming: Using the Service to send unsolicited communications or “scraping” data from other users.
- Abuse: Harassing Trakload employees or other users.
Consequences: Violation of the AUP may result in immediate suspension or permanent termination of your account without a refund.
5. Service Level Agreement (SLA)
5.1. Uptime Guarantee: Trakload strives to maintain a Service availability of 99.9% during any monthly billing cycle.
5.2. Exclusions: Uptime guarantees do not apply to:
- Scheduled maintenance (notified at least 24 hours in advance).
- Force Majeure events (natural disasters, internet-wide outages).
- Issues caused by your own hardware, software, or third-party integrations.
5.3. Remedies: In the event of a verified failure to meet the SLA, users may be eligible for service credits at the sole discretion of Trakload.
6. Limitation of Liability & Warranty Disclaimer
6.1. “As Is” Basis: Trakload is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including fitness for a particular purpose and non-infringement.
6.2. Limitation of Liability: To the maximum extent permitted by law, Trakload shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities.
6.3. Monetary Cap: In no event shall Trakload’s total liability for all claims related to the Service exceed the total amount paid by you to Trakload during the twelve (12) months immediately preceding the event giving rise to the claim.
7. Data Processing Agreement (DPA)
In accordance with global privacy standards (GDPR, CCPA), Trakload acts as a Data Processor for the personal data you provide about your team members.
- Processing: We process data only on your documented instructions.
- Security: We maintain rigorous technical and organizational measures to protect personal data.
- Sub-processors: We use trusted third-party sub-processors (e.g., cloud hosting) and maintain a current list available upon request.
- Breach Notification: We will notify you without undue delay upon becoming aware of a confirmed data breach affecting your Customer Data.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Mecosta County, Michigan, USA, without regard to its conflict of law principles.
9. Contact Information
For questions regarding these Terms, please contact:
Legal Department