Trakbar Terms of Service

This Agreement is entered into between you (the “Customer”, "you", "your") and Trakbar Inc, (“Trakbar”, "we", "us", "our") and it sets out the terms and conditions for the provision of services as defined below. You need to enter into a separate agreement with the Point of Sale software company (an “POS Agreement”) in order to provide data to us. If any POS Agreement is in conflict with this Agreement, the POS Agreement shall prevail to the extent necessary to resolve the conflict.

Services Provided by Trakbar

In accordance with the terms of this Agreement, Trakbar provides technical services and a license to use the mobile software application ("Software"), which enables the processing of receipts and generating business intelligence data and reports. The provision of the technical services, Software and provided data are referred to as the “Services”.
We reserve the right to appoint a third party in order to fulfill some or all of our obligations under this Agreement.
The Services may be used only in the territories agreed between us (the “Service Territory”). It is strictly forbidden to use the Services in the areas for which you have not obtained our permission.
Any usage of the Services automatically implies that the User has read, understood and accepted these Terms of Use.

Data transmission

Trakbar is not a Point of Sale software and does not offer Point of Sale services. In order to provide you with the Services, we have entered into an agreement with Point of Sale software companies.
You agree with the forwarding of the Receipt Data, along with any other relevant information, to us in order for us to provide the Services.

Obligations of the customer

In order to use the Trakbar Services you must register for the Services and set up an Trakbar account. The registration process is available via the Trakbar website or via the Trakbar mobile application.
During the registration process, you will be asked to provide certain information, including but not limited to your name, address, email address, telephone number, company name and legal form of organization, trade name, type of business, full business address and ownership information.
In addition to the information required during the registration process, we reserve the right to request additional information, if deemed necessary to provide Services, comply with legal and regulatory requirements or assess the operational and financial risks of using our Services. If you do not provide such additional information, we have the right to suspend or cancel your Trakbar account.
You agree that the information you provide during the registration process or otherwise is accurate, complete and up to date, and that you will immediately notify us of any changes in any information provided by you to us during the registration process or at any other time during the term of this Agreement. If any information becomes inaccurate or incomplete, the Services may be temporarily or permanently suspended.
Upon registration you will be given a personal user account and password that you will need in order to access the Service. It is your responsibility to ensure that this information and other login information are stored safely. You agree to keep the account access information solely at your own risk and in such a way that they remain inaccessible to unauthorized persons. Account details are personal and may not be transferred to anyone other than you.
Your information will be processed in accordance with applicable data protection laws. For further information on how we collect, process and use your information, please refer to our Privacy Policy, which is an integral part of this Agreement.

Accounts, Passwords and Security

If any of the services provided on this website requires you to open an account, you must complete the registration process by providing and maintaining current, accurate and complete information as requested on the applicable registration form, and maintaining the strict confidentiality of your password.
If Trakbar has provided you with login information to enable you to access restricted URLs on this website, be advised that such login information, as well as any content located at or linked from that URL, is confidential and proprietary to Trakbar, and you are not authorized to share any information you view, download, or otherwise use at that URL.
If you are using this website on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf.
You are the only person authorized to use your login information, and you are solely responsible for maintaining the confidentiality of your password(s). You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain products. By using this website and registering for such services, you consent to Trakbar' display of such information via the services and accept all risks of unauthorized access to such information. You are also fully responsible for all activities that occur through the use of your account and password.
You agree to notify Trakbar immediately of any unauthorized use of your account or password or any other breach of security and ensure that you exit from your account at the end of each session. Trakbar is not responsible or liable for any loss or damage that may occur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Trakbar or any other party due to someone else using your account or password. You may not use anyone else's account at any time. Trakbar reserves the right to terminate your access to this website should Trakbar in its sole discretion consider your use of this website to be inappropriate in any way. Upon termination of your access to this website, you must destroy all materials obtained from this website which permit identification of any individual.

Accessing the Online Communications Channels

You agree that Trakbar will not be liable, under any circumstances and in any way, for any errors, omissions, loss or damage of any kind incurred as a result of your use of the Services or your use of any content posted thereon. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content. You agree not to harvest or otherwise collect information about others, including email addresses, or to use the Services or information obtained from the Services to send other users unsolicited email of any kind. The Services are provided for informational purposes only, and no content included therein is intended for trading or investing purposes. Trakbar shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Services, or for any business or investment decisions made based on such information. Collecting personal information from children under the age of 13 ("minor children") through this website is prohibited. Minor children are not eligible to use this website, and Trakbar asks that they do not submit any personal information to this website.

Content Posted on Trakbar

    If you post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”) or other services, You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software.
    By making Content available, you represent and warrant that:
  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
  • your business is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • your business is not named in a manner that misleads your customers into thinking that you are another person or company. For example, your social network’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by web shop or otherwise.

  • By submitting Content to Trakbar for inclusion on any services or applications provided by Trakbar, you grant Trakbar a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your business.
    If you delete Content, Trakbar will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Trakbar has the right (though not the obligation) to, in Trakbar's sole discretion (i) refuse or remove any content that, in Trakbar's reasonable opinion, violates any Trakbar policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service to any individual or entity for any reason, in Trakbar's sole discretion. Trakbar will have no obligation to provide a refund of any amounts previously paid.

Subscription Fees

User can agree to either a one (1) month or twelve (12) month contract agreement with Trakbar. User can opt to upgrade or downgrade their service agreement to any other contract agreement that Trakbar is currently offering for sale at any time during User's contract term. Any plan downgrades will take effect when your next billing cycle begins. In the case of an upgrade, you will be charged for the difference in the cost of the two contracts over the remainder of the original contract term. At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled. Cancellation must be issued via Trakbar’s support addresses. Any cancellation must be done three (3) days prior to the end of the contract term to allow for adequate processing time.

Refund / Cancellation Policy / Chargeback

If you cancel your services, your cancellation takes effect on your next billing cycle. This means we won’t be able to refund you for early contract cancellation. All Trakbar accounts begin an obligation-free trial which will allow you to evaluate the service. No credit card information is collected to initiate a trial account, and charges will only be applied after explicit account purchase. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Trakbar has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies. All cancellations must be requested a minimum of 48 hours prior to 00:00:01 CST (GMT+0) on your monthly billing date.

Responsibility of Service Visitors

Trakbar has not reviewed, and cannot review, all of the material, including computer software, posted to the Service, and cannot therefore be responsible for that material’s content, use or effects. By operating the Service, Trakbar does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Service may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Service may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Trakbar disclaims any responsibility for any harm resulting from the use by visitors of the Service, or from any downloading by those visitors of content there posted.

Content Posted on Other Services

We have not reviewed, and cannot review, all of the material, including computer software, made available through the services and webpages to which trakbar.com links, and that link to trakbar.com. Trakbar does not have any control over those non-Trakbar services and webpages, and is not responsible for their contents or their use. By linking to a non-Trakbar website or webpage, Trakbar does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Trakbar disclaims any responsibility for any harm resulting from your use of non-Trakbar websites and webpages.

Copyright Infringement

As Trakbar asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by trakbar.com or any Trakbar Service or mobile application violates your copyright, you are encouraged to notify Trakbar immediately. Trakbar will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Trakbar or others, Trakbar may, in its discretion, terminate or deny access to and use of the Service. In the case of such termination, Trakbar will have no obligation to provide a refund of any amounts previously paid to Trakbar.

Use of Trakbar Software

Any Trakbar computer software which may be downloaded or is otherwise available from this website, unless otherwise expressly indicated, is licensed subject to either the written license agreement between you and Trakbar or the click-on license which you agree to at the time of download or use. Software to which either of these licenses is applicable is subject to the terms of its associated license agreement only, unless expressly stated otherwise. However, if neither a written license nor a click-on license is available, your use of the Trakbar software will be subject to the following conditions: 1) you may not use, reproduce, record, publish, publicly exhibit or distribute any software made available on this website without Trakbar' express prior written consent 2) you are granted a personal, non-exclusive license to use such software subject to the foregoing restriction 3) such software is subject to all terms in the Terms of Service Section as set forth below; and 4) except as expressly granted elsewhere, Trakbar and its licensors reserve all rights, title and interest in and relating to such software. This section does not apply to any Third-Party Materials available on this website.
U.S. Government License Rights; Restricted Rights
Software and accompanying documentation are commercial computer software developed at private expense and are provided with RESTRICTED RIGHTS to the United States Government. Use, duplication or disclosure of the Software by the United States Government is subject to the license terms of this Agreement pursuant to, as applicable, FAR 12.212, DFAR 227.7202-1(a), DFAR 227.7202-3(a) and DFAR 227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-19 (DEC 2007). If FAR 52.227-19 is applicable, this provision serves as notice under clause (c) thereof and no other notice is required to be affixed to the Software or documentation. The Government's rights in Software and documentation shall be only those set forth in these Terms.

Our Liability

Although we endeavor to make our Services available 24 hours a day, we accept no liability if, for any reason, the Services are unavailable or the Software is unusable at any time or for any period. The provision of the Services may be suspended temporarily and without notice in the event of a system failure, maintenance or repair, or for reasons beyond our control. We will endeavor to notify you in advance of any scheduled maintenance or repairs that may result in the suspension of the Services.

Disputes and Complaints

If you have any complaints about our Services, please contact our Customer Service via email at support@trakbar.com. Customer Service will review your complaint and notify you of the results in a timely manner. You can also submit a written complaint by addressing it to Trakbar Customer Service.

Terms of Termination

This Agreement shall enter into force as soon as you have given your consent to it, but the provision of Services may be suspended until we determined that you have completed the necessary registration and passed the verification process successfully. The Agreement will remain in force until terminated by either party, in accordance with the following provisions.

Termination by you

You have the right to terminate this Agreement, without giving any reason, by contacting the Customer Service.

Suspension and termination by Trakbar

We may terminate this Agreement at any time by giving you at least two months’ notice of termination. Your account and this Agreement may be terminated by us after six months of non-use of the Services.
Once your account has been terminated, you will not be able to access your account details.

    We reserve the right to immediately suspend or terminate the provision of part or all of the Services in case:
  • we are instructed to do so by a government authority;
  • we in our reasonable discretion consider your products or services to be in breach of this Agreement and/or applicable laws;
  • we in our reasonable discretion consider the further provision of our Services to you a threat to our reputation, the regulatory authorities and/or the general public; or
  • we find there are clear indications that you are or are likely to become insolvent and/or unable to ensure the delivery of your products and/or services;
  • you have provided us with false, inaccurate, incomplete or misleading information;
  • you have breached the terms of this Agreement;
  • your account has been compromised;
  • you represent an unacceptable fraud or financial risk to us;
  • you are using the Services in a manner inconsistent with any applicable laws, rules or regulations; or
  • you are engaged in fraud or illegal conduct.
  • We will endeavor to notify you in advance of our intention to suspend the Services and will provide you with the reasons for doing so, whenever possible.

Consequences of termination

Upon the termination of this Agreement, you will no longer be entitled to use the Services, the Software and the license granted to you for the use of any logos, trademarks or other intellectual property under this Agreement. You must remove all Trakbar identification, logos and labels including but not limited to the ones displayed on your points of sale and websites.
The termination of this Agreement will not affect any rights or obligations which may have incurred prior to termination or expiry. The obligations of either party in this Agreement which are intended to survive termination shall continue in full force and effect notwithstanding the termination.

Confidentiality and Privacy

The parties must keep secret any confidential information or data which they have exchanged in their contractual relations except as otherwise provided for under this Agreement or to comply with legal obligations.
Trakbar will transmit, process and use this data in accordance with the UK Data Protection Act of 1998 and the EU Directive 95/46/EEC on the protection of personal data.

Intellectual property

Except as expressly set out in this Agreement, by using the Services you do not acquire any right or interest in or to the Intellectual Property Rights subsisting in the Services. For the purposes of this Agreement, the term “Intellectual Property Rights” means all inventions (whether patented or not), design rights, database rights, copyright, moral rights, rights to trademarks, logos, trade names, all registered intellectual property rights, know-how and any rights or forms of protection of a similar nature and having equivalent or similar meaning.
You may not assign, transfer, copy or distribute the Services or permit third parties to use the Services.
Except to the extent permitted by law, you may not copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Services.

Representations and Warranties

You represent and warrant to us that: (i) you are at least 18 years of age; (ii) you have the legal right and full power and authority to enter into this Agreement and perform your obligations under it.

Final Provisions

Amendments to the agreement

We reserve the right to amend this Agreement at any time. Unless the amendment is required sooner in accordance with applicable laws or regulations, we will endeavor to give you at least two months’ prior notice of any such change. You will be notified of the change via a message within the Software or by email. If you do not wish to accept such change to the terms, you will be entitled to terminate this Agreement during the notice period by notifying us under the conditions described in this Agreement. Your continued use of the Services following any such notice period will be deemed to be an acknowledgment of your acceptance of the amended terms and conditions.
The latest version of this Agreement can be found on our website. At your request, we will provide you with a paper copy of this Agreement.

Invalidity

If any provision of this Agreement proves to be unenforceable in any way, this will not affect the validity of the remaining provisions.

Communication

Reports, notices and other communications under this Agreement (including any changes to the terms and conditions of this Agreement) shall be made in Croatian or English, in writing, delivered by email or electronically via your Trakbar account. For the purposes of this Agreement, any notice may be given in writing, electronically, unless we specifically require a document to be written on paper and/or signed.
You must maintain a valid postal address and email address for the duration of this Agreement. You must inform us immediately if you change the address or other contact information you have provided to us during the registration process or during the term of the Agreement. We will not be responsible if, due to your oversight, we send a communication to an invalid address. Trakbar will not bear responsibility if the email address specified by you is not valid or if you have changed your email address but have not notified us thereof.
Any communication sent to you electronically to the last address you have given us for this purpose shall be deemed to have been received on the day the communication was sent, except when the sending of the communication results in an immediate error message. Communication sent to you by post shall be deemed received on the second business day after posting.

Customer Service

You can contact our Customer Service by sending an email to support@trakbar.com or via our website.

Your account

Your Trakbar account is personal and you may not assign or transfer any of your rights or obligations under this Agreement to any person without our prior written consent.
If we decide to transfer your account to another entity (for example within the process of restructuring or selling a part of the company), we will only do so if the entity to whom the account is transferred has appropriate regulatory licenses and authorizations. We will give you at least two months' prior notice of this change. You will be able to terminate your account in this period, if you wish to do so.

Consumer Rights

If you are a consumer, as defined by the applicable laws of the jurisdiction in which you reside, you have the right to terminate this Agreement in writing at any time within two weeks from the moment of entering into this Agreement or the date on which you were communicated these terms and conditions, whichever is later. The termination shall not affect any transactions already processed and submitted to the Acquirer or the card schemes for settlement.

Third Party Rights

A person who is not a party to this Agreement has no right (Rights of Third Parties) to enforce any provision of this Agreement.

Entire Agreement

This Agreement constitutes the entire agreement between you and us and supersedes and replaces all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to its subject matter.
Each party agrees that for the purpose of entering into this Agreement no warranties were made except those set out in this Agreement.

Trademark Information

Trakbar and all other product or service names are registered trademarks or trademarks of Trakbar Inc. in the USA and other countries. ® indicates USA registration. Adobe and the Acrobat logo are trademarks of Adobe Systems Incorporated.
Other brand and product names are trademarks of their respective companies.

Governing Law and Jurisdiction

    This Agreement and any dispute or claim arising from or in connection with it or its subject matter are governed by USA law, except if you entered into this Agreement as a consumer. In that case, mandatory local consumer protection laws may be applicable.
    If you are a business customer eligible to contractually determine the venue for disputes arising from or in connection with this Agreement, you agree that:
  • the Delaware courts shall have exclusive jurisdiction to settle any dispute or claim that you bring against us;
  • the Delaware courts shall have non-exclusive jurisdiction to settle any dispute or claim that we bring against you.

Contacting Us

If there are any questions regarding this agreement, you may contact us using the information below.
Trakbar Inc.
www.trakbar.com
2711 Centerville Road
Wilmington, DE 19808
USA
support@trakbar.com

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