Terms of Service

Last updated: February 12, 2026

These Terms of Service ("Terms") govern your access to and use of the Trackout platform at trackout.ai, the Trackout mobile application, and all related services (collectively, the "Service") operated by Trackout, Inc. ("Trackout," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. By creating an account, you represent that you meet these requirements.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate and complete information when creating your account and keep it up to date. Notify us immediately at support@trackout.ai if you suspect unauthorized access to your account.

3. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or its systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use the Service to transmit malicious code or harmful content
• Misrepresent your identity or impersonate another person or organization
• Scrape, crawl, or collect data from the Service through automated means without our written consent

4. Subscriptions & Billing

Trackout offers free and paid subscription plans. Paid subscriptions are billed monthly through Stripe. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring basis.

• Plan changes — You may upgrade or downgrade your plan at any time from your Settings page. Changes take effect immediately, and charges are prorated.
• Cancellation — You may cancel your subscription at any time. You will retain access to paid features through the end of your current billing period. No refunds are issued for partial billing periods.
• Price changes — We may change subscription pricing with at least 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.
• Failed payments — If a payment fails, we may suspend access to paid features until the payment is resolved.

5. Your Data

You retain ownership of all data you submit to the Service ("Your Data"). By using the Service, you grant us a limited, non-exclusive license to store, process, and display Your Data solely to provide and improve the Service.

You are responsible for the accuracy and legality of Your Data. You represent that you have the necessary rights and consents to provide any data submitted to the Service, including driver location data.

6. Location Data & Driver Consent

The Service includes real-time GPS tracking of drivers who use the Trackout mobile app. As the account owner or fleet manager, you are responsible for:

• Informing drivers that their location will be tracked during working hours
• Obtaining any required consent from drivers before enabling location tracking
• Complying with all applicable privacy and employment laws regarding location monitoring

Drivers may disable location sharing at any time through their device settings.

7. Intellectual Property

The Service, including its software, design, logos, and documentation, is owned by Trackout and protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right to use the Trackout name, logo, or branding without our prior written consent.

8. Third-Party Services

The Service integrates with third-party services, including Stripe for payment processing and mapping providers for GPS functionality. Your use of these third-party services is subject to their respective terms and privacy policies. Trackout is not responsible for the practices of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACKOUT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Trackout and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms or if we determine, in our sole discretion, that your use of the Service poses a risk to Trackout or other users. Upon termination, your right to use the Service ceases immediately. We will make your data available for export for 30 days following termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Utah.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Contact Us

If you have questions about these Terms, contact us at support@trackout.ai.