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TrackEx Terms of Service

Last Updated: January 12, 2026

TrackEx Technologies Ltd ("TrackEx," "we," "us," or "our") provides the Service to You in accordance with and subject to the following Terms of Service (these "Terms").

By accessing or using this Service, you signify that you acknowledge, accept, and agree with all the terms of service as well as our acceptable use policy and privacy policy. Please do not use or access this Service if you disagree with any part of these terms.

TrackEx will provide the Service, and you may access and use the Service, in accordance with this Agreement. If you order the Service through an online registration page or an order form (each an "Order Form"), the Order Form may contain additional terms and conditions and information regarding the Service you are ordering.

1. Definitions

The following definitions apply to these Terms:

  • "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity.
  • "Authorized Affiliate" means any of Customer's Affiliate(s) which (a) is subject to the data protection laws and regulations of the European Union, the European Economic Area and/or their member states, Switzerland and/or the United Kingdom, and (b) is permitted to use the Services pursuant to the Agreement between Customer and TrackEx.
  • "Control" for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
  • "Controller" means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data.
  • "Customer Data" means what is defined in the Agreement as "Customer Data" or "Your Data."
  • "Data Protection Laws and Regulations" means all laws and regulations, including laws and regulations of the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, applicable to the Processing of Personal Data under the Agreement.
  • "Data Subject" means the identified or identifiable person to whom Personal Data relates.
  • "Personal Data" means any information relating to (i) an identified or identifiable natural person and, (ii) an identified or identifiable legal entity (where such information is protected similarly as personal data or personally identifiable information under applicable Data Protection Laws and Regulations), where for each (i) or (ii), such data is Customer Data.
  • "Processing" means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
  • "Processor" means the entity which Processes Personal Data on behalf of the Controller.
  • "Service" refers to all software, websites, desktop applications, and related services provided to you by TrackEx.
  • "Sub-processor" means any Processor engaged by TrackEx or a member of the TrackEx Group.
  • "Supervisory Authority" means an independent public authority which is established by an EU Member State pursuant to the GDPR.
  • "You," "Your," or "User" refers to anyone accessing or subject to the Service.

2. License for Use of the Service; Identity Authentication

The Service is licensed for use only under these Terms. TrackEx reserves all rights not expressly granted to you, including title and exclusive ownership of the Service, any and all software or updates thereto and source code for the Service. Upon registering for the Service, TrackEx gives you the right to install the Service for use by the total number of Users you identify and authorize.

The Service may not be used or accessed by (a) individuals who are not named individuals; or (b) any other software or hardware device that does not require a named individual to use or access it. A named individual means an individual identified by you by name who is authorized to use the Service, regardless of how such access occurs or if such individual uses any hardware or software that reduces the apparent number of users who are using the Service.

TrackEx reserves the right at any time to require you to provide a list of the named individual(s). You may not rent, lease, lend, sell, redistribute or sublicense the Service. These Terms will govern any upgrades provided by TrackEx that replace and/or supplement the original Service. You agree to use your best efforts to protect the Service and upgrades from unauthorized use, reproduction, distribution, publication or alteration.

3. Installation, Customization, and Updates

Installation of the Service and any required modification of the Service to accommodate your computer system must be performed by you. All updates, upgrades, enhancements and modifications to the Service MUST be performed by TrackEx. Such updates include any changes or improvements to the Service, whether arising out of the Service's particular configuration for your use or otherwise.

At all times while these Terms are in effect, you shall allow TrackEx to install all updates. Failure to allow TrackEx to install updates may affect the functionality of the Service and may terminate certain warranties for any purpose related to the Service.

4. Fees

4.1 License Fees

In consideration for the right to use the Service under the terms herein, you will pay license fees in the amount and payment terms under the applicable Order Form (the "License Fees"). You agree that in the event TrackEx is unable to collect the License Fees owed to TrackEx for the Service, TrackEx may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by TrackEx in connection with such collection activity, including collection fees, court costs and attorneys' fees.

Except to the extent otherwise expressly stated in this Agreement or in an order form, all obligations to pay License Fees are non-cancelable and all payments are non-refundable.

4.2 Taxes

Your License Fees are exclusive of taxes, levies, duties or similar governmental assessments of any kind (excluding taxes based on TrackEx's income, property and employees). You will be responsible for paying any and all such taxes.

4.3 Price Changes

TrackEx reserves the right to modify the License Fees for the Service under one or more Order Forms, effective upon commencement of the next renewal subscription term of the relevant Order Form(s), by notifying you of such change in writing at least 30 days before the end of the then-current Subscription Term.

5. Term & Termination

5.1 Initial Term

The initial subscription term of the Agreement will be as set forth and agreed by the parties in the Order Form.

5.2 Termination for Cause

Either of you and TrackEx may terminate this Agreement if the other party (i) materially breached this Agreement and has not cured such breach within 30 days after receiving notice (if curable), without prejudice and in addition to any right or remedy that the non-defaulting party may have under this Agreement or the applicable law, or (ii) becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors.

5.3 Automatic Renewal

At the end of the initial subscription term, all your TrackEx subscriptions (including any additional subscriptions added to your account) will renew automatically for an additional term length equal to your initial subscription term unless you or TrackEx notifies the other in writing, at least 30 days prior to the end of the then-current subscription term, that it chooses not to renew.

5.4 Effect of Termination

Upon termination or expiration of this Agreement: (a) you will cease use of the Service and all rights granted to you under this Agreement will terminate; (b) upon written request, we will make your data available for you to download or export within 30 days following such termination. Thereafter, TrackEx will be under no obligation to maintain your data, or make it available to you and TrackEx may delete any of your Content.

5.5 Refunds

In the event of a termination due to uncured breach by TrackEx, TrackEx will refund the remaining Subscription Fees until the end of the Subscription Term.

6. Proprietary Nature of the Service

The Service and Platform are proprietary to, and valuable trade secrets of TrackEx. You acknowledge the Service contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including, but not limited to, copyright, trademark, and service marks, and that you will only use such proprietary content, information, or materials for permitted uses under these Terms.

The Service is entrusted to you only for the purposes set forth in these Terms. You will not reverse engineer, duplicate, translate, modify, copy, printout, disassemble, decompile or otherwise tamper with the Service or any software provided therewith. The parties acknowledge that any violation of this provision will cause irreparable harm to TrackEx.

7. Confidentiality

7.1 Confidential Information

"Confidential Information" means all information provided by a party to other party, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, and excluding any information that was or has become publicly available without the receiving party's actions or inactions. TrackEx confidential information includes, without limitation, the Service's features, functionality and performance. Your Confidential Information includes, without limitation, the Content.

7.2 Protection of Confidential Information

Each party will hold the other party's Confidential Information in strict confidence, use it only subject to the terms of this Agreement, allow its use only by the receiving party's employees and consultants who have signed in advance a confidentiality agreement containing terms similar to this Agreement and on a need-to-know basis, not make the other party's Confidential Information available to any third party unless to the extent required by applicable law, implement adequate security measures to ensure against unauthorized access, and notify the other party in writing of any misuse or misappropriation.

8. Consent to Use of Data

You agree that TrackEx may collect and use technical data and User information as described in its Privacy Policy, including, but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of customization, updates, and other services to you related to the Service.

TrackEx may use this information to improve the Service or to provide services or technologies to you. TrackEx treats personally identifiable information differently from general information. TrackEx may convert personally identifiable information into general information by excluding information that is personally identifiable.

9. Content and Linking to Other Websites

The Service may enable access to third-party websites (collectively, the "Websites"). By using the Service, you acknowledge and agree that TrackEx is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect of the Websites.

TrackEx does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any data and materials on the Websites. To the extent you choose to access such Websites, you do so at your own initiative and are responsible for compliance with any applicable laws.

10. User Content

You agree that all information, data, text, sound, photographs, graphics, video, software, or other materials submitted, posted or displayed by you on or through the Service ("User Content") is your sole responsibility. TrackEx claims no ownership or control over any User Content. By submitting, posting or displaying User Content on or through the Service, you grant TrackEx a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, and adapt such User Content to provide the Service to you.

11. Intellectual Property Rights

Trademarks

The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on trackex.app are the registered and/or unregistered Trademarks of TrackEx Technologies Ltd, or such other third party that may own the displayed Trademarks. Nothing contained on this website or in these terms of service grants to you, by implication or otherwise, any license or right to use any Trademarks displayed on this website without the written permission of TrackEx Technologies Ltd.

Copyright

The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website ("Website Content") are all subject to patent, copyright, trademark and other intellectual property protection. Website Content may not be copied for commercial use or redistribution, nor may Website Content be modified, processed, or reposted to other websites.

12. Disclaimer of Warranty

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. TRACKEX CANNOT AND DOES NOT WARRANT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. AS SUCH, YOU SHALL NOT RELY EXCLUSIVELY ON THE SERVICE FOR ANY REASON.

THE SERVICE AND ANYTHING RELATED THERETO ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND TRACKEX HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE AND ANYTHING RELATED THERETO, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

13. Privacy and Cybersecurity Indemnification

You agree that the TrackEx Services and Platform are used to process information and Personal Data that you provide on an individual basis or by way of a transfer by a business entity under these Terms, and for purposes of these Terms you are designated the data Controller and TrackEx is designated as Processor as those terms are defined in the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR").

To the fullest extent permitted by law for all Personal Data that you collect, process via the Services or maintain on the Platform, you shall indemnify and hold TrackEx, its affiliates, and their respective officers, directors, trustees, shareholders, employees, and agents harmless from and against any and all damages and liabilities or third party claims.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, (i) UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE; AND (ii) EITHER PARTY'S AGGREGATE LIABILITY TO THE OTHER PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE WILL NOT EXCEED THE FEES ACTUALLY RECEIVED BY TRACKEX FROM YOU UNDER THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE APPLICABLE CLAIM.

15. Consent to Electronic Communications

By registering to use the Service or Platform, or by sending us emails, faxes, push notifications, or text or voice messages, you are communicating with us electronically. And in doing so, you expressly consent to receive communications from us electronically via email, fax, push notification, or voice or text message. We will communicate with you by the aforementioned means, or by posting notices on the Services or Platform.

16. International Users Consent to Cross-Border Transfers

For those TrackEx users located outside the United States, you acknowledge and expressly consent to TrackEx's use of your Personal Data and further acknowledge that TrackEx's processing of Personal Data is required to perform the Services or use the Platform. By providing us with your Personal Data, you are consenting to our use of it in accordance with these Terms, including the transfer of your information across international boundaries.

17. No Rights Granted; Non-Assignability

These Terms do not constitute a grant or an intention or commitment to grant any right, title, or interest in the Service or TrackEx's trade secrets to you. You may not sell or transfer any portion of the Service to any third party. You shall not identify the Service as coming from any source other than TrackEx. These Terms are exclusive and personal to you. You shall not assign or otherwise transfer any rights or obligations under these Terms.

18. Jurisdiction & Choice of Law

Jurisdiction

This Agreement will be governed by laws of the State of Delaware, USA without regard to its choice of law or conflicts of law principles. You and TrackEx consent to the exclusive jurisdiction and venue in the courts in Delaware, USA, except that temporary relief to enjoin infringement of intellectual property rights may be sought in any court where such infringement has occurred.

Choice of Law

Regardless of the place of execution, delivery, performance or any other aspect of these Terms, these Terms and all of the rights of the parties under these Terms shall be governed by, construed under, and enforced in accordance with the procedural and substantive law of the State of Delaware, United States of America.

General Indemnity

You agree to indemnify and hold TrackEx and (as applicable) its related entities, affiliates, and TrackEx's and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages of every kind and nature, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of any third party.

19. Suggestions and Feedback

TrackEx welcomes feedback or inquiries about the Service. If you elect to provide any feedback or comments of any nature to TrackEx, all feedback and comments shall be the sole and exclusive property of TrackEx, and TrackEx shall have the right to use such feedback in any manner and for any purpose in its exclusive discretion without remuneration, compensation, or attribution to you.

20. Legal Notice

TrackEx may modify these Terms or any additional terms, and such modification shall be effective and binding on you upon notice by TrackEx via email to the email account provided by you upon registration for the Service. If you do not agree to any modification of these Terms, you should discontinue your use of the Service.

You may provide notice to TrackEx at:
TrackEx Technologies Ltd
www.trackex.app
support@trackex.app

21. Minimum Age of Users

All Users of TrackEx's Service must be at least 18 years of age and older than the age of legal majority in your jurisdiction (if it is over 18). By using the Service you promise that you are over 18 years of age and are a competent legal adult in your jurisdiction.

22. Use of Client Logos and Business Names

Your use of our website, software and services is your consent to allow TrackEx to use your business name and business logos for TrackEx promotional purposes, unless you explicitly opt-out by contacting us. TrackEx will only use this information as it relates to your use of our services within the scope of this Terms of Use.

Personal Data Processing Addendum

This Personal Data Processing Addendum ("PDPA") addresses Personal Data Processing, privacy and cyber security obligations in addition to those expressed in the Terms as between TrackEx and Customer for subscriptions to the TrackEx Services and Platform. By agreeing to these Terms, Customer acknowledges that it and its Authorized Affiliates qualify as the "Controller" as defined under General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council ("GDPR") to the extent that TrackEx processes Personal Data in connection with Customer's subscription to Platform.

Processing of Personal Data

The parties acknowledge and agree that with regard to the Processing of Personal Data, Customer is the Controller, TrackEx is the Processor and that TrackEx may engage Sub-processors in connection with the provision of the Services. TrackEx shall treat Personal Data as Confidential Information and shall only Process Personal Data on behalf of and in accordance with Customer's documented instructions.

Rights of Data Subjects

TrackEx shall, to the extent legally permitted, promptly notify Customer if TrackEx receives a request from a Data Subject to exercise the Data Subject's rights. Taking into account the nature of the Processing, TrackEx shall assist Customer by appropriate technical and organizational measures, insofar as this is possible, for the fulfilment of Customer's obligation to respond to a Data Subject Request under Data Protection Laws and Regulations.

Security

Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services. Customer shall also be responsible for maintaining the security of the Equipment, Customer account, passwords and files. TrackEx will maintain reasonable physical and technical safeguards to prevent unauthorized disclosure of or access to Content, in accordance with industry standards.

Return and Deletion of Customer Data

TrackEx shall return Customer Data to Customer and, to the extent allowed by applicable law, delete Customer Data upon request within 30 days following such request.

Limitation of Liability

Each party's and all of its Affiliates' liability, taken together in the aggregate, arising out of or related to this PDPA is subject to the 'Limitation of Liability' section of Terms.

GDPR Compliance

TrackEx will Process Personal Data in accordance with the GDPR requirements directly applicable to TrackEx's provision of its Services. Upon Customer's request, TrackEx shall provide Customer with reasonable cooperation and assistance needed to fulfill Customer's obligation under the GDPR to carry out a data protection impact assessment related to Customer's use of the Services.

If you have any questions about these Terms of Service, please contact us at support@trackex.app.