1. Acceptance of Terms

By creating an account or otherwise using TrackHubs, you agree to comply with these Terms and all applicable laws and regulations. If you are using TrackHubs on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" refers to the entity. You may not use the Service if you are not of legal age or otherwise unable to form a binding contract in your jurisdiction. If you do not accept these Terms, you must refrain from using our website or services.

2. Accounts and Eligibility

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

- Provide accurate, current, and complete information during registration and keep your account information updated.

- Maintain the security of your account credentials, and not share your login details. You are responsible for all activity that occurs under your account.

- Notify us immediately at [email protected] of any unauthorized use of your account or security breach.

You must be at least 18 years old (or the age of majority in your jurisdiction) to use TrackHubs. By using the Service, you represent that you meet this age requirement. Accounts may be terminated without notice if we believe you are underage or otherwise ineligible.

3. Free Trial and Subscription Plans

TrackHubs may offer a free trial period (e.g., a 7-day free trial) for new users. If you sign up under a free trial, you will not be charged during the trial period. Please note: unless you cancel before the trial ends, your chosen subscription plan will begin and you will be charged the applicable fees. We offer various subscription plans (for example, Solo, Team, or Enterprise plans) with different usage limits and features as described on our website. By selecting a plan, you agree to pay the corresponding subscription fees and any applicable taxes.

Payment and Billing:

- Auto-Renewal: Subscriptions will automatically renew at the end of each billing cycle (e.g., monthly) unless you cancel before the renewal date. You authorize TrackHubs to charge your provided payment method for each renewal until you cancel.

- Billing Information: You must provide valid payment information and promptly update any changes (e.g., billing address, card expiration). If we cannot process payment, we may suspend or terminate your access to the Service.

- Cancellation: You can cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of the current billing period. We do not offer refunds for partial billing periods, except where required by law. After cancellation, you will retain access to the Service until the current paid period ends, after which your access may be downgraded or terminated.

- Changes to Fees: TrackHubs may change subscription fees for future billing periods. We will provide advance notice of any fee changes via the Service or email. If you do not agree to the new fees, you must cancel your subscription before the changes take effect. Continued use of the Service after the price change constitutes acceptance of the new fees.

4. License Grant and Permitted Use

Subject to your compliance with these Terms and payment of any required fees, TrackHubs grants you a limited, non-exclusive, non-transferable license to access and use the TrackHubs Service for your internal business purposes. This license allows you and your authorized users (as allowed by your subscription plan) to use the software, features, and content provided as part of TrackHubs.

Permitted Users and Use Limits: You may only allow the number of users included in your plan to access the Service. Each user must have their own login; sharing accounts among multiple individuals is prohibited. If you need to increase the number of authorized users, you must upgrade to an appropriate plan or obtain our consent.

Restrictions: You agree that you will not, and will not permit anyone else to:

- Copy, modify, distribute, sell, or lease any part of TrackHubs or included software, except as expressly permitted in these Terms.

- Reverse engineer, decompile, or attempt to extract the source code of the Service or any software or components (except to the extent such restriction is prohibited by applicable law).

- Use the Service in a way that violates any applicable law or regulation, or for any purpose not expressly permitted by TrackHubs.

- Remove or obscure any proprietary notices or labels on the TrackHubs platform.

All rights not expressly granted to you are reserved by TrackHubs and its licensors. This license will automatically terminate if you violate these Terms, in which case you must stop using the Service. TrackHubs may also suspend or terminate your access as described under Termination below.

5. User Data and Privacy

Using TrackHubs involves entering or uploading data such as sales orders, customer information, documents, and other content (“Your Data”). You retain ownership of Your Data. TrackHubs does not claim any ownership rights in Your Data. However, by storing or uploading Your Data on our Service, you grant TrackHubs a worldwide, royalty-free, non-exclusive license to use, host, copy, and process Your Data the purposes of providing and improving the Service. This license is necessary for us to securely host your data, make backups, display information to you and users you authorize, and otherwise operate the Service. We will not use Your Data for any purpose outside the scope of operating and enhancing the Service without your consent.

Responsibility for Data: You are solely responsible for the legality, reliability, and appropriateness of Your Data. By using TrackHubs, you represent and warrant that: (a) you have all necessary rights, permissions, and consents to upload or share Your Data and to grant the license above; and (b) Your Data (and our use of it as permitted by you) does not violate any applicable laws or rights of any third party. If Your Data contains personal information of third parties (for example, your customers), you are responsible for complying with any privacy laws and obtaining any required consents from those individuals. TrackHubs acts as a data processor/host for Your Data, and will treat personal information contained in Your Data in accordance with our Privacy Policy.

Privacy Policy: Please review our Privacy Policy (available on our website) to understand how we collect, use, store, and protect personal information. By using the Service, you acknowledge that you have read our Privacy Policy and agree to the collection and use of information as described there. The Privacy Policy is incorporated into these Terms by reference. If you do not agree with our Privacy Policy, do not use the Service.

6. Acceptable Use (Prohibited Activities)

You agree to use TrackHubs in a lawful manner and refrain from any misuse of the Service. You may NOT use the Service (or encourage or assist others) to:

Violation of this Acceptable Use policy may result in immediate suspension or termination of your account, at our discretion, and may subject you to legal penalties. TrackHubs reserves the right to investigate any violation of this section or misuse of the Service.

7. Intellectual Property Rights

All content, software, technology, and materials provided by TrackHubs as part of the Service (including but not limited to text, graphics, logos, button icons, images, audio clips, software code, and user interface design) are the property of TrackHubs or its suppliers and are protected by copyright, trademark, patent, and other intellectual property laws. TrackHubs retains all rights, title, and interest in and to the Service and its components, including all related intellectual property rights.

Limited Use of IP: Subject to the limited license granted in Section 4, nothing in these Terms transfers any ownership of our intellectual property to you. You may not use the TrackHubs name, logos, or any of our trademarks without our prior written consent, except as necessary for legitimate use of the Service (for example, you may factually state that you are a customer of TrackHubs). Any feedback or suggestions you provide regarding TrackHubs is entirely voluntary, and we are free to use such feedback and ideas without any obligation to you.

If you believe that any content on TrackHubs infringes your copyright or other intellectual property rights, please contact us with detailed information so we can investigate (see Contact Information below).

8. Termination and Suspension

By You: You may stop using the Service at any time. You may also delete your account or cancel your subscription as described in Section 3. If you terminate your account or subscription, these Terms will also terminate, except for provisions that survive (see Survival in Miscellaneous below).

By TrackHubs: We reserve the right to suspend or terminate your access to TrackHubs (or the access of any of your authorized users) at any time, with or without notice, if: (a) you violate any provision of these Terms or misuse the Service; (b) your payment is overdue or we are unable to charge you; or (c) we suspect you are using the Service in a fraudulent or unlawful manner. We may also terminate your account if we discontinue the Service (in which case we will provide advance notice when feasible).

Effect of Termination: Upon termination of your account for any reason:

- Your right to access or use the Service will immediately cease. You must stop using the Service and destroy any local copies of our software or content you have.

- Any fees owed by you up to the date of termination remain payable and will be immediately due. If we terminate your account due to a breach of these Terms, you will not be entitled to any refund of fees already paid.

- We may delete or disable access to Your Data after a period following termination. Data Retrieval: We encourage you to export or download any data you need before terminating your account. If your account is terminated, we may retain your data for a limited time as permitted by law and our Privacy Policy, but we are not obligated to keep it or provide copies unless required by law.

TrackHubs is not liable to you or any third party for account termination or suspension, or for the deletion of Your Data in accordance with these Terms.

9. Disclaimer of Warranties

TrackHubs is provided on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by law, TrackHubs (and its owners, suppliers, and partners) disclaim all warranties and representations, express or implied, the Service. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that may arise during the course of dealing or usage of trade.

We do not guarantee that TrackHubs will be uninterrupted, error-free, or secure. We do not warrant that the data you store in the Service will be free from loss or corruption (you are responsible for maintaining backup copies of your data). While we strive to provide a reliable and secure service, you use TrackHubs at your own risk. No information or advice obtained from TrackHubs or our support team shall create any warranty not expressly stated in these Terms.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, any implied warranties will be limited to the maximum extent permitted by law.

10. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will TrackHubs, its parent company, affiliates, officers, employees, agents, partners or licensors be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or any damages for loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) TrackHubs or the content on the Service. This limitation applies whether the claims are based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages.

In addition, our total cumulative liability for any claims arising out of or relating to the Service will not exceed the amount you have paid to TrackHubs in subscription fees in the twelve (12) months immediately prior to the event giving rise to the liability (or, if greater, one hundred U.S. dollars ($100)). If you have not paid any fees, TrackHubs’s total liability shall not exceed $100.

Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability will be limited to the smallest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under law (for example, certain statutory liabilities that may not be disclaimed).

11. Indemnification

You agree to indemnify, defend, and hold harmless TrackHubs and its affiliates, officers, agents, employees, and partners from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with: (a) Your Data or your use of the Service; (b) your violation of these Terms or of any law or regulation; or (c) your infringement or misappropriation of any intellectual property or other rights of any person or entity. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will cooperate with us in asserting any available defenses. You agree not to settle any such matter without the prior written consent of TrackHubs.

12. Changes to These Terms

TrackHubs may revise or update these Terms of Service from time to time. If we make material changes, we will notify you by posting the updated Terms on our website and updating the "Effective Date" at the top, or by other appropriate means (such as email notification or in-app alert). It is your responsibility to review these Terms periodically.

By continuing to use the Service after any changes to the Terms take effect, you agree to be bound by the revised Terms. If you do not agree to the updated Terms, you must stop using TrackHubs. The latest version of the Terms will always be available on our website, and it will supersede all previous versions.

13. Governing Law and Disputes

These Terms of Service are governed by and construed in accordance with the laws of the United States and the laws of the State of Illinois, without regard to its conflict of law principles. You expressly agree that any dispute, claim, or controversy between you and TrackHubs arising out of or relating to the Service or these Terms that is not resolved amicably shall be brought exclusively in the state or federal courts located in the State of Illinois, USA. You and TrackHubs each consent to the personal jurisdiction of, and venue in, such courts and waive any objections to such jurisdiction or venue (including claims of inconvenient forum).

If you are accessing the Service from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Regardless of any statute or law to the contrary, you must file any claim or cause of action against TrackHubs relating to the Service or these Terms within one (1) year such claim arose; otherwise, it will be permanently barred.

14. Miscellaneous

Entire Agreement: These Terms, along with any other legal terms expressly incorporated by reference (such as our Privacy Policy), constitute the entire agreement between you and TrackHubs regarding your use of the Service. They supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same subject matter.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions of these Terms will remain in full force and effect.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of TrackHubs.

Assignment: You may not assign or transfer these Terms or any of your rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign these Terms without consent will be null. TrackHubs may freely assign or transfer these Terms (in whole or in part) to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.

Relationship of Parties: You and TrackHubs are independent contractors. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

Force Majeure: TrackHubs will not be liable for any delay or failure in performance of the Service resulting from events beyond our reasonable control, including but not limited to acts of God, labor disputes, internet or telecommunications failures, power outages, supply shortages, war, terrorism, or governmental action.

Survival: Provisions of these Terms that by their nature should survive termination (such as indemnities, limitations of liability, and dispute resolution terms) will survive any termination or expiration of these Terms and remain in effect.

15. Contact Information

If you have any questions, concerns, or feedback about these Terms of Service or the TrackHubs platform, please contact us:

TrackHubs Support Email: [email protected]

Address: 12 Chicago Ave, Melbourne City, USA (or the latest address provided on our website)

We value our users and will do our best to address your inquiries. Thank you for reading these Terms of Service and for using TrackHubs!