Terms & Condition
Updated on 07/01/2020
- These Terms & Conditions apply to ProTrak LLC (ProTrak) applications (apps) released for web browsers, Apple Store (for iPhone, iPad), and Google Store (for all Android devices).
- Any usage of the proTrak apps is bound by these Terms, including any further modifications or features added to the apps in the future.
- ProTrak offers its apps to the user “as-is” (see item 14). Still, ProTrak always aims to deliver reliable and functional apps. The user accepts that the only remedy for unexpected bugs that might cause issues is to report and wait for an updated version of the app.
- Users agree to provide ProTrak reliable, valid, and accurate information when asked for it in the app. Users also agree to make reasonable efforts to keep their information current on the app.
- All users of the ProTrak apps confirm and agree that they are legally authorized to use the apps in agreement with their local, applicable laws.
- Users of the apps agree to comply with US-based copyright laws in relation to the usage of ProTrak designs, brands, IPs (intellectual properties), and other items that might be covered by such laws.
- Users retain property of any data they input into any ProTrak app. ProTrak retains property of all apps, including but not limited to designs, methods, and services it has assembled, created, and offered to users.
- Users that engage in subscription (paid) services with ProTrak will do that via the ProTrak's web application, and will need to agree with all the terms specified at the time of payment.
- ProTrak does not directly collect any payment information, and uses a Level 1 PCI DSS compliant service provider to process all payments.
- ProTrak reserves the right to stop offering any of its apps at any time, and might not disclose the reason for this decision. ProTrak will make all reasonable efforts to inform the users before an app is discontinued.
- In the event of ProTrak LLC being acquired (change of ownership), the new owners might make changes to these Terms. ProTrak will make all reasonable efforts to inform its users before any acquisition takes place.
- By using any ProTrak apps, users agree that the eventual liability, in any event, can not exceed the sum of the fees paid by any such user to ProTrak during the last 12 months of usage of the app in question.
- By signing up and/or downloading and using the apps, users agree to hold ProTrak harmless of any loss, damage, or any other mishaps, related to the usage of its apps. Users solely assume all and any risks associated with the usage of any of the ProTrak apps. This includes, but is not limited to, financial loss, loss of profits, or any type of personal damage or loss.
- (This is the paragraph where we bring in some heavy legal jargon. Sorry, but someone told us we needed to.) ProTrak makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the functionalities provided by the apps or any content in there or generated by the apps. ProTrak does not represent or warrants that (A) the use of the apps will be always secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (B) the apps will meet any user requirements or expectations, (C) any provided data will be always accurate or reliable, (D) the quality of any products, services, information, or other material purchased or obtained by users through the apps will meet any user requirements or expectations, (E) bugs, errors or defects will be corrected in any set timeframe, or (F) the hosting servers that make the apps available are free of viruses or other harmful components. All ProTrak apps and all of its content is provided to users strictly on an “as-is” basis. All other conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed by ProTrak to the maximum extent permitted by applicable law.
- The Terms & Conditions described here will ultimately be governed by and construed in accordance with the laws of the State of Florida, and controlling United States federal law, without regard to choice of law rules. Any dispute, controversy, or claim arising under or related to the ProTrak apps will be brought exclusively in a Florida Court, as appropriate. All users of the apps submit to the personal jurisdiction and venue of these courts.
- ProTrak reserves the right to modify the Terms & Conditions at any time. ProTrak will make all reasonable efforts to inform the users when changes are made.
- The Terms & Conditions are in effect when and in the format posted publicly on the ProTrak website (protrak.co/terms).