Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and XTrack Technologies ("Company," "we," "us," or "our") concerning your access to and use of the xtracktech.com website and the FastTrack records management software (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Services.

2. Use of Services

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Services. By using the Services, you represent and warrant that you meet these requirements.

2.2 Account Registration

To access certain features of FastTrack, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access or security breach
• Accept responsibility for all activities that occur under your account

2.3 Acceptable Use

You agree not to use the Services to:

• Violate any applicable laws or regulations
• Infringe upon the intellectual property rights of others
• Transmit any harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the Services or servers
• Use the Services for any illegal or unauthorized purpose
• Engage in any activity that could harm, disable, or impair the Services

3. Subscription and Fees

3.1 Subscription Plans

FastTrack is offered on a subscription basis. Pricing and plan details are available on our website or by contacting our sales team. We reserve the right to modify our pricing with 30 days' notice to existing customers.

3.2 Payment Terms

• Subscription fees are billed monthly or annually as selected
• Payment is due at the beginning of each billing cycle
• You authorize us to charge your provided payment method
• All fees are non-refundable except as required by law or specified in these Terms

3.3 Free Trial

We may offer a free trial period. At the end of the trial, your subscription will automatically begin unless you cancel before the trial ends. No credit card is required to start the trial.

3.4 Cancellation

You may cancel your subscription at any time with 30 days' notice. Upon cancellation, you will continue to have access to the Services until the end of your current billing period. No refunds will be provided for partial billing periods.

4. Intellectual Property Rights

4.1 Our Property

The Services, including all content, features, and functionality, are owned by XTrack Technologies and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.

4.3 Your Content

You retain all rights to the data and content you upload to FastTrack ("Your Content"). By uploading Your Content, you grant us a license to store, process, and display Your Content solely to provide the Services to you.

5. Data Security and Privacy

We implement industry-standard security measures to protect your data. However, no system is completely secure. For details on how we collect and use your information, please review our Privacy Policy.

6. Data Backup and Retention

• We perform regular automated backups of your data
• Backups are retained for 30 days
• Upon account termination, your data will be retained for 90 days and then permanently deleted
• You are responsible for exporting any data you wish to retain before canceling your account

7. Service Availability

7.1 Uptime

We strive to maintain 99.9% uptime for FastTrack. However, we do not guarantee uninterrupted access and are not liable for any downtime, including scheduled maintenance.

7.2 Modifications to Services

We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice to users.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, XTRACK TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Warranties and Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

10. Indemnification

You agree to indemnify, defend, and hold harmless XTrack Technologies and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

11. Termination

We may suspend or terminate your access to the Services immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions.

12.2 Dispute Resolution

Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in Philadelphia, Pennsylvania, in accordance with the rules of the American Arbitration Association.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and XTrack Technologies regarding the Services and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

13.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

15. Contact Information

If you have questions about these Terms, please contact us: