trackit

Legal

Terms of Service

Last Updated: January 20, 2026

Welcome, and thank you for your interest in TrackIt, Inc. (“TrackIt,” “we,” or “us”) and our website at www.gettrackit.com, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). TrackIt provides the Service as a marketplace-style platform; unless expressly stated otherwise, TrackIt is not a party to any sale or other transaction between Buyers and Sellers, and disclaims any agency, partnership, joint-venture or employment relationship with Sellers. These Terms of Service are a legally binding contract between you and TrackIt regarding your use of the Service.

If you are using the Service on behalf of a team or other business, separate terms may govern your use of the Service (as specified by TrackIt or otherwise agreed between TrackIt and the applicable team or other business).

If you are using the Service to market or sell Products (defined below) as a Seller (defined below) or to purchase Products as a Buyer (defined below), separate additional terms (as specified by TrackIt) will govern your use of those features of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ANY PART OF THE SERVICE, YOU: (a) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND THE TRACKIT PRIVACY POLICY https://www.gettrackit.com/privacy; (b) CONSENT TO THE COLLECTION, USE, TRANSFER (INCLUDING CROSS-BORDER TRANSFER), AND PROCESSING OF YOUR INFORMATION AS DESCRIBED IN THE PRIVACY POLICY AND THE “DATA PROTECTION AND SECURITY” SECTION BELOW; AND (c) AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICE.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND TRACKIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Service Overview

The “Service” is a platform made available by or on behalf of TrackIt that provides features and functionality that may allow users to track, manage, and optimize race cars, including monitoring maintenance and wear of car parts. The Service may also allow certain users (each, a “Seller”) to market and sell their Products via a virtual storefront on the Service (a “Storefront”) that allows each Seller to connect with other users of the Service who may be interested in buying Products from the applicable Seller via that Seller’s Storefront (each, a “Buyer”).

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations; (d) you are not located in, and are not a citizen or resident of, a country or region that is subject to comprehensive U.S. sanctions; and (e) you are not on any U.S. Government list of prohibited or restricted parties. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account (an “Account”). Depending on the type of account created by a particular user of the Service, that user may only have access to a portion of the features and functionality of the Service. If and to the extent required by TrackIt, your Account will be completely separate from any other account you have created on the Service with respect to use of the Service as a Seller or in connection with business use of the Service. When you register for an Account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your Account and password, and you must implement and maintain industry-standard security precautions (including but not limited to use of strong, unique passwords and multi-factor authentication where available) and must not share, sell, or otherwise transfer your credentials to any other person. You will immediately notify TrackIt of any known or suspected unauthorized access or security breach involving your Account. If you believe that your Account is no longer secure, then you should immediately notify us at support@gettrackit.com.

4. Payment Terms

4.1. General Terms

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except as required by law.

4.2. Price

TrackIt reserves the right to determine pricing for the Service. TrackIt will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. TrackIt may change the fees for any feature of the Service, including additional fees or charges, if TrackIt gives you advance notice of changes before they apply. TrackIt, at its sole discretion, may make promotional offers with different features and different pricing to any of TrackIt’s users. These promotional offers, unless made to you, will not apply to your offer or these Terms.

4.3. Authorization

You authorize TrackIt to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by TrackIt, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit card, then TrackIt may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

4.4. Subscription Service

The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your Account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize TrackIt or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing page. Your Account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service at any time prior to the end of the then-current Subscription Period in order to avoid billing of the next periodic Subscription Fee to your Account. TrackIt or its third-party payment processor(s), (e.g., Stripe) (“Payment Processor”) will bill the periodic Subscription Fee to the payment method associated with your Account or that you otherwise provide to us. You may cancel the Subscription Service by contacting us at support@gettrackit.com. YOUR CANCELLATION MUST BE RECEIVED AS SET FORTH IN THIS SECTION IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

4.5. Payment Processor

We may utilize Payment Processor to facilitate transactions conducted through the Service

TrackIt and any Payment Processor will process payment card data in accordance with the current PCI-DSS standards. By using the Service and making payments, you agree to be bound by the terms and conditions and privacy policies of the applicable Payment Processor. You acknowledge and understand that the Payment Processor may collect and process certain information from you, including but not limited to your payment information, billing address, and transaction history, in accordance with their privacy policy. This information is collected and processed by the Payment Processor for the purpose of facilitating payment transactions and preventing fraud. We are not responsible for any security breaches or unauthorized access to your information that may occur on the Payment Processor’s systems. If we utilize a Payment Processor to facilitate transactions, you agree to comply with the platform agreement provided by that Payment Processor. To the fullest extent permitted by applicable law, TrackIt shall not be liable for errors, omissions, or security breaches arising solely from the Payment Processor’s systems and outside TrackIt’s reasonable control. Any disputes related to payment processing should be addressed directly with the Payment Processor in accordance with their terms of service. TrackIt may use Stripe, Inc. (“Stripe”) as our Payment Processor (https://stripe.com). For specific details regarding Stripe’s services, please refer to the following links: Stripe services agreement: https://stripe.com/legal/consumer and Stripe privacy policy: https://stripe.com/privacy. You understand that the Payment Processor may modify its services and terms and conditions at any time. We are not responsible for any changes made by the Payment Processor that may affect your use of the Service. We reserve the right to change our Payment Processor at any time. Except to the limited extent prohibited by applicable law, you are responsible for all chargebacks, reversals, or other payment disputes initiated by you or a third-party financial institution, and you will reimburse TrackIt for any related losses or fees.

4.6. Delinquent Accounts

TrackIt may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then TrackIt reserves the right to delete your Account and any information or User Content (defined below) associated with your Account without any liability to you.

4.7. Physical Products

You may have the opportunity to purchase physical goods through the Service (“Products”) from third-party Sellers. Purchases of Products are subject to the applicable Seller’s then-current product warranty, shipping, return, and other applicable policies (collectively, “Product Policies”) as made available on the applicable Storefront or otherwise made available by TrackIt. Please review these Product Policies before purchasing any Products. The Product Policies may be updated at any time, and such changes will apply to all purchases of Products made after the effective date of the updated policies. Any such agreement for the purchase of Products will solely be between you and the applicable Seller.

5. Grants of Rights

5.1. Limited Grant of Rights

Subject to your complete and ongoing compliance with these Terms, TrackIt grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service. You may only use the Service for your own personal vehicles.

5.2. API License

TrackIt may make application programming interfaces and associated tools, software, code, materials, and documentation (“APIs”), available that are designed to permit you to integrate your systems and tools with the Service. Subject to your complete and ongoing compliance with these Terms, TrackIt grants you a non-exclusive, non-sublicensable, nontransferable, limited, revocable license to internally use the APIs to connect with the Service. You have no right to distribute or allow access to the stand-alone APIs and your rights to the APIs are subject to applicable usage policies, if any.

5.3. Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to or copy any element the Service; (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism; or (d) remove or obscure any proprietary notices in the Service. TrackIt has no liability for use of the Service for activities where use or failure of the Service could lead to death, personal injury, or environmental damage, even if such uses are contemplated by parties. If you are prohibited under applicable law from using the Service, then you may not use it.

5.4. Customer Systems

You will provide and maintain any hardware, software, other technology, and infrastructure that you require to access and use the Service including any hardware device on which a mobile or downloadable application can be installed and used as defined, if available, in the current version of TrackIts’ usage guidelines and standard technical documentation for the Service that TrackIt makes generally available to TrackIt’s users.

5.5. Feedback

We respect and appreciate the thoughts and comments from our users If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant TrackIt an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

6. Ownership; Proprietary Rights

The Service is owned and operated by TrackIt. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), technology, templates, formats, dashboard, products, software, services, and all other elements of the Service, including any modifications or improvements to these items made by or on behalf of TrackIt or provided by or on behalf of TrackIt (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of TrackIt or its third-party licensors. Except as expressly authorized by TrackIt, you may not make use of the Materials. There are no implied licenses in these Terms and TrackIt reserves all rights to the Materials not granted expressly in these Terms.

7. Third-Party Terms

7.1. Third-Party Services and Linked Websites

TrackIt may provide third-party tools, platforms, add-ons, services, or products, not created or owned by TrackIt (“Third-Party Services”) through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your Account on the Service with an Account on the third-party service, such as X or Facebook, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these Third-Party Services, you hereby authorize TrackIt to transfer that information to the applicable Third-Party Service. Third-Party Services are not under TrackIt’s control, and, to the fullest extent permitted by law, TrackIt is not responsible for any Third-Party Service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under TrackIt’s control, and TrackIt is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, TrackIt will have no control over the information that has been shared.

7.2. Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

8. User Content

8.1. User Content Generally

Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, information, text, and any other works of authorship or other works, including from Third-Party Services, or such content that is collected, accessed, used, disclosed, transferred, transmitted, stored, hosted, or otherwise processed by TrackIt to provide the Services (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

8.2. Limited License Grant to TrackIt

By Posting User Content to or via the Service, you grant TrackIt a worldwide, non-exclusive, revocable to the extent required by applicable law, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed to (a) provide the Service; (b) derive or generate information, such as technical logs, data, and learnings about use of the Service (“Operation Data”); or (c) as otherwise required by applicable law. TrackIt may store, use or process your User Content and Operation Data, to the extent such User Content and Operation Data has been deidentified or aggregated with such other data such that the resulting data no longer reasonably identifies you or a specific individual, for any lawful business purposes, including to improve or create products or services, conduct analytics via machine learning, and generating insights for use by TrackIt’s users, including original equipment manufacturers or other partners. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from TrackIt’s exercise of the license set forth in this Section.

8.3. Specific Rules for Photographs and Images

If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, Facebook, Instagram, and X, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

8.4. You Must Have Rights to the Content You Post; User Content Representations and Warranties

You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content, including in all ambient music and underlying musical works embodied in any sound recording. TrackIt disclaims any and all liability in connection with User Content. You are solely responsible for your User Content, including its content and accuracy, and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

  1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize TrackIt and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by TrackIt, the Service, and these Terms;

  2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause TrackIt to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and

  3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

8.5. User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. TrackIt may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against TrackIt with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, TrackIt does not permit infringing activities on the Service.

8.6. Monitoring Content

TrackIt does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that TrackIt reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time TrackIt chooses to monitor the content, then TrackIt still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). TrackIt may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

Data Protection and Security

(a) Compliance. Each party will comply with all applicable privacy and data-protection laws, regulations, and self-regulatory requirements (“Data Laws”) in connection with the Service, including the California Consumer Privacy Act (“CCPA”), the Virginia Consumer Data Protection Act, and, to the extent applicable, the EU and UK General Data Protection Regulation (collectively, “GDPR”).

(b) Data Subject Rights. TrackIt will honor verifiable consumer privacy requests (e.g., access, deletion, correction) as required by Data Laws. Instructions for exercising these rights are set out in the Privacy Policy.

(c) Security Measures. TrackIt maintains commercially reasonable administrative, technical, and physical safeguards designed to protect the security and confidentiality of personal information processed through the Service. TrackIt will notify affected users without unreasonable delay, and in any event within the time period required by applicable law, following discovery of a personal-data breach that is likely to result in a risk to the rights and freedoms of natural persons.

(d) User Obligations. You must (i) not upload to the Service any personal information that is subject to heightened or special protection under Data Laws (including, for example, “sensitive personal information,” financial account numbers, and health information) unless TrackIt has expressly agreed in writing to such processing; (ii) obtain all necessary consents from, and provide all required notices to, any individual whose personal information you submit to the Service; and (iii) not use the Service to store or transmit information regulated by the Payment Card Industry Data Security Standard (PCI-DSS), the Health Insurance Portability and Accountability Act (HIPAA), or the Children’s Online Privacy Protection Act (COPPA).

9. Communications

9.1. Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page.

9.2. Email Communications

We may send you (i) service or transactional emails that are reasonably necessary to provide the Service, and (ii) marketing emails about TrackIt products or services to the extent permitted by applicable law.

Marketing emails will comply with the U.S. CAN-SPAM Act and equivalent Data Laws and will include a clear and conspicuous opt-out mechanism. You may opt out of marketing emails at any time by following the unsubscribe instructions in the email or emailing privacy@gettrackit.com. Opting out of marketing emails will not affect our ability to send you service or transactional messages.

10. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

  1. access or use the Service for any illegal purpose or in violation of any export-control, sanctions, or anti-bribery local, state, national, or international law;

  2. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;

  3. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

  4. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by TrackIt;

  5. interfere with security, availability, or integrity-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law (and then only with prior notice to TrackIt);

  6. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, Trojan horses, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

  7. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

  8. distribute, sell, provide access to, sublicense or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials;

  9. use the Service on behalf of, or to provide any product or service to, third parties;

  10. use the Service to develop a similar or competing product or service;

  11. publish benchmarks or performance information about the Service; or

  12. attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).

11. Intellectual Property Rights Protection

11.1. Respect of Third-Party Rights

TrackIt respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

11.2. DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the following address:

TrackIt, Inc. Attn: Legal Department (IP Notification) 2408 Kathy Cove, Austin, Texas 78704 Email: ip-infringement@gettrackit.com

11.3. Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

  2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;

  3. a description of the material that you claim is infringing and where it is located on the Service;

  4. your address, telephone number, and email address;

  5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

  6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by TrackIt with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to TrackIt making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

11.4. Repeat Infringers

TrackIt’s policy is to: (a) remove or disable access to material that TrackIt believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. TrackIt will terminate the accounts of users that are determined by TrackIt to be repeat infringers. TrackIt reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

11.5. Counter Notification

If you receive a notification from TrackIt that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide TrackIt with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to TrackIt’s Designated Agent through one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the following information:

  1. your physical or electronic signature;

  2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

  4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which TrackIt may be found, and that you will accept service of process from the person who provided notification under Section 11.2 (DMCA Notification) above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

11.6. Reposting of Content Subject to a Counter Notification

If you submit a Counter Notification to TrackIt in response to a Notification of Claimed Infringement, then TrackIt will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that TrackIt will replace the removed User Content or cease disabling access to it in 10 business days, and TrackIt will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless TrackIt’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on TrackIt’s system or network.

11.7. False Notifications of Claimed Infringement or Counter Notifications

The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [TrackIt] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” TrackIt reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

12. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions and will not apply retroactively to claims or disputes arising before the “Last Updated” date. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

13. Term, Termination, and Modification of the Service

13.1. Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2 (Termination).

13.2. Termination

If you materially violate these Terms and fail to cure such violation within a reasonable period after notice, and subject to applicable law and except in exigent circumstances (e.g., fraud, security incident), TrackIt will provide you with at least ten (10) days’ prior notice and an opportunity to cure any material breach, TrackIt may suspend or terminate your access to the Service. For paid subscription services, TrackIt may terminate these Terms for convenience upon at least thirty (30) days’ prior written notice, and TrackIt will refund any prepaid fees for the unused portion of the then-current subscription period. Notwithstanding the foregoing, TrackIt may immediately suspend or terminate access where required by law, to address a security incident, or to prevent material harm to the Service or other users. You may terminate your Account and these Terms at any time by contacting TrackIt at support@gettrackit.com.

13.3. Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your Account or the Service; (c) you must pay TrackIt any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5.5 (Feedback), 6 (Ownership; Proprietary Rights), 8 (User Content), 13.3 (Effect of Termination), 14 (Indemnity), 15 (Disclaimers; No Warranties by TrackIt), 16 (Limitation of Liability), 17 (Dispute Resolution and Arbitration), and 19 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your Account, you may lose access rights to any User Content you Posted to the Service. If your Account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

13.4. Modification of the Service

TrackIt reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. TrackIt will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service. If TrackIt materially reduces or removes paid-for functionality during a subscription period, Customer will be entitled to a pro-rata refund for the affected portion of the subscription.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify TrackIt, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “TrackIt Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

15. Disclaimers; No Warranties

15.1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS

TRACKIT DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TRACKIT DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND TRACKIT DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

15.2. YOU ACKNOWLEDGE AND AGREE THAT: (A) PORTIONS OF THE SERVICE MAY RELY ON ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING WHICH, BY NATURE, PRODUCES OUTPUTS THAT ARE BASED ON PROBABILISTIC REASONING AND THEREFORE MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR ERROR FREE

TRACKIT IS NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE; (B) THE NATURE OF THE SERVICE AND MACHINE LEARNING OR ARTIFICIAL INTELLIGENCE TECHNOLOGY GENERALLY, OUTPUT MAY NOT BE UNIQUE, NOVEL, EXCLUSIVE, OR OTHERWISE SPECIFIC TO YOU OR YOUR INPUT AND OTHER USERS OF THE SERVICE MAY RECEIVE SIMILAR OUTPUT VIA THE SERVICE; (C) THE OUTPUT OR ANY PART THEREOF MAY BE: (1) OWNED OR CONTROLLED BY A THIRD PARTY, OR (2) PROTECTED OR PROTECTABLE BY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS; (D) YOU MAY NOT HAVE EXCLUSIVE RIGHTS IN OUTPUT, AND YOUR USE OF OUTPUT MAY BE SUBJECT TO THIRD-PARTY RIGHTS; (E) YOU MAY NOT BE ABLE TO SECURE OR OBTAIN, IN ANY JURISDICTION, ANY RIGHT IN THE OUTPUT OR ANY PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS RELATING TO THE OUTPUT; AND (F) OUTPUT MAY HAVE APPLICABILITY OR OTHERWISE BE RELEVANT TO OTHER USERS OF THE SERVICE. TO THE GREATEST EXTENT PERMITTED BY LAW, TRACKIT MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY OF THE FOREGOING ACKNOWLEDGMENTS.

15.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR TRACKIT ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE TRACKIT ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. AUTO-RACING AND RELATED ACTIVITIES ARE INHERENTLY DANGEROUS AND CARRY SIGNIFICANT RISK OF SERIOUS INJURY, DEATH, AND PROPERTY DAMAGE. YOU ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS ARISING FROM YOUR USE OF THE SERVICE IN CONNECTION WITH SUCH ACTIVITIES.

15.4. THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT, TRAINING, EXPERIENCE, OR COMPLIANCE WITH APPLICABLE SAFETY PROCEDURES AND LAWS

YOU ARE SOLELY RESPONSIBLE FOR HOW YOU CHOOSE TO USE THE SERVICE AND ANY DECISIONS OR ACTIONS YOU TAKE BASED ON THE INFORMATION PROVIDED.

15.5. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRACKIT DISCLAIMS ALL LIABILITY FOR ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR OTHER LOSS OR HARM RESULTING FROM OR RELATED TO YOUR USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON DATA, INSIGHTS, OR OTHER CONTENT PROVIDED BY THE SERVICE DURING AUTO-RACING OR OTHER HIGH-RISK ACTIVITIES

YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL CLAIMS AGAINST THE TRACKIT ENTITIES ARISING OUT OF OR IN CONNECTION WITH SUCH USE.

15.6. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO WARRANTIES) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW

Nothing in these Terms limits or excludes liability for gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

16. Limitation of Liability

16.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TRACKIT ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY TRACKIT ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE

16.2. EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE TRACKIT ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO TRACKIT FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$500

16.3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS

THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Dispute Resolution and Arbitration

17.1. Generally

PLEASE READ THIS SECTION CAREFULLY; IT AFFECTS YOUR LEGAL RIGHTS.

Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and TrackIt agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Before either party may initiate arbitration, the parties agree to first attempt to resolve the dispute informally in good faith for at least 30 days (“Informal Resolution Period”). If the dispute is not resolved within the Informal Resolution Period, either party may commence arbitration as set forth below. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRACKIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

17.2. Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) if you are a consumer resident in the European Union, United Kingdom, or another jurisdiction that does not permit mandatory arbitration, bring a claim before the courts of your habitual residence; (c) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (d) seek injunctive relief in a court of law in aid of arbitration; or (e) to file suit in a court of law to address an intellectual property infringement claim.

17.3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date that you agree to these Terms by sending a letter to TrackIt, Inc., Attention: Legal Department – Arbitration Opt-Out, 2408 Kathy Cove, Austin, Texas 78704 or by email to legal@gettrackit.com with the subject line “Arbitration Opt-Out”. Email opt-outs are only effective if sent from the email address associated with your Account. The letter or email must specify your full legal name, the email address associated with your Account, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once TrackIt receives your Opt-Out Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out of these Terms will be resolved as set forth in Section 19.2 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

17.4. Arbitrator

This arbitration agreement, and any arbitration between us, is subject the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting TrackIt.

17.5. Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). TrackIt’s address for Notice is: TrackIt, Inc., 2408 Kathy Cove, Austin, Texas 78704. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or TrackIt may commence an arbitration proceeding. The payment of all fees will be governed by the AAA Rules.

17.6. Arbitration Proceedings

Any arbitration hearing will take place in the county and state of your primary residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your primary residence. Unless the parties agree otherwise, the arbitration will be conducted in English. During the arbitration, the amount of any settlement offer made by you or TrackIt must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

17.7. Arbitration Relief

Except as provided in Section 17.8 (No Class Actions), the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by TrackIt before an arbitrator was selected, TrackIt will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

17.8. No Class Actions

YOU AND TRACKIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one person or preside over any form of representative or class proceeding.

17.9. Modifications to this Arbitration Provision

If TrackIt makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to TrackIt’s address for Notice of Arbitration, in which case your Account will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

17.10. Enforceability

If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute Resolution and Arbitration) is found to be unenforceable, or if TrackIt receives an Opt-Out Notice from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and void, and any dispute that cannot be arbitrated will be resolved exclusively in the courts specified in Section 19.2 (Governing Law) unless you reside in a jurisdiction that requires the dispute to be resolved by the courts of your habitual residence.

18. Trials and Betas

If you receive access to or use the Service or features thereof on a free or trial basis or as an alpha, beta, or early access offering (“Trials and Betas”), such access to or use is permitted only for your internal evaluation and testing purposes during the period designated by TrackIt (not to exceed thirty 30 days unless otherwise agreed upon by the parties in writing). These Trials and Betas will be considered part of the Service and, subject to the remainder of this Section 18, all provisions of these Terms relating to the Service will apply to these Trials and Betas. Trials and Betas are optional and either party may terminate Trials and Betas at any time for any reason. Trials and Betas may be inoperable, incomplete, or include features that TrackIt may never release, and their features and performance information are deemed to be TrackIt’s confidential information. TrackIt may suspend your access to the Trials and Betas at any time. Your use of Trials and Betas is at your own risk. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, TRACKIT PROVIDES NO WARRANTY, INDEMNITY, OR SUPPORT FOR TRIALS AND BETAS, AND TRACKIT’S LIABILITY FOR TRIALS AND BETAS WILL NOT EXCEED TRACKIT $50.00.

Export Compliance and Anti-Corruption

You may not access or use the Service, or export, re-export, divert, or transfer any portion of the Service, except as authorized by United States law, the laws of the jurisdiction in which the Service was accessed or obtained, and any other applicable laws and regulations. You represent and warrant that you (a) are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and (b) are not a prohibited end-user under applicable export-control laws. You further represent that you will not engage in any activity in connection with the Service that would violate applicable anti-bribery or anti-corruption laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act.

19. Miscellaneous

19.1. General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and TrackIt regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision of these Terms is held invalid by any court of competent jurisdiction, such invalidity will not affect the validity or operation of any other provision, and the invalid provision will be replaced by a valid provision that has as near as possible an effect to that of the invalid provision as is reasonably practicable without such replacement provision risking similar invalidity. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

19.2. Governing Law

Except where prohibited by mandatory law, these Terms are governed by the laws of the State of Texas without regard to conflict of law principles that would result in the application of the laws of another jurisdiction.

You and TrackIt submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Travis County, Texas for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Texas, and we make no representation that Materials included in the Service are appropriate or available for use in other locations. Nothing in these Terms limits any consumer-protection rights you may have under the laws of your country of residence that cannot be waived by contract.

19.3. Privacy Policy

Please read the TrackIt Privacy Policy https://gettrackit.com/privacy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The TrackIt Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

19.4. Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

19.5. Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

19.6. Contact Information

The Service is offered by TrackIt, Inc., located at 2408 Kathy Cove, Austin, Texas 78704. You may contact us by sending correspondence to that address or by emailing us at support@gettrackit.com. For privacy-specific inquiries, please email privacy@gettrackit.com.

19.7. Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

19.8. No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

19.9. International Use

The Service is controlled and operated from the United States.

TrackIt does not represent that the Service is appropriate or lawful for use in other locations. If you access the Service from outside the United States, you are responsible for compliance with all local laws and regulations, including Data Laws, export-control laws, and import regulations. Access to the Service from jurisdictions where such access is illegal is strictly prohibited.

20. Notice Regarding Apple

This Section 20 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and TrackIt only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

* * * * *