Terms of Service

Track — Business Intelligence Solutions
Last Updated: 2 March 2026

1. Acceptance of Terms

Welcome to Track. These Terms of Service ("Terms") constitute a legally binding agreement between your organisation ("Client", "you", or "your") and Track Technologies Limited, a company incorporated in Ireland with registered office at East Ferry Lodge, East Ferry, Midleton, Co Cork P25 FX37, Ireland ("Track", "we", "us", or "our").

By accessing or using our business intelligence platform, APIs, dashboards, analytics tools, and related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.

Important: If you do not agree to these Terms, you must not access or use our Services. Your continued use of the Services constitutes ongoing acceptance of these Terms and any updates thereto.

2. Definitions

In these Terms, unless the context otherwise requires:

"Authorised Users" means employees, contractors, or agents of the Client who are authorised to access and use the Services under the Client's subscription.
"Client Data" means all data, information, and content uploaded, submitted, or otherwise provided by the Client or its Authorised Users to the Services.
"Documentation" means the user guides, technical specifications, and other materials provided by Track describing the functionality and use of the Services.
"Intellectual Property Rights" means patents, copyrights, trademarks, trade secrets, database rights, and all other intellectual property rights, whether registered or unregistered.
"Service Level Agreement" or "SLA" means the service level commitments set forth in the applicable Order Form or separate SLA document.
"Subscription Term" means the period during which the Client has agreed to subscribe to the Services, as specified in the Order Form.

3. Description of Services

Track provides cloud-based business intelligence and data analytics solutions designed to help organisations transform raw data into actionable insights. Our Services include, but are not limited to:

Data integration and ETL (Extract, Transform, Load) capabilities
Interactive dashboards and data visualisation tools
Advanced analytics and reporting features
Real-time data monitoring and alerting
API access for custom integrations
Collaborative workspaces and sharing functionality
Technical support and customer success services

We reserve the right to modify, update, or discontinue any aspect of the Services at any time. We will provide reasonable notice of any material changes that may adversely affect your use of the Services.

4. Account Registration

4.1 Account Creation

To access the Services, you must register for an account and provide accurate, complete, and current information. You agree to maintain and promptly update your account information as necessary.

4.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Implementing appropriate access controls for Authorised Users
Notifying us immediately of any unauthorised access or security breach

4.3 Account Administrator

The Client shall designate at least one account administrator who will be responsible for managing Authorised Users, configuring account settings, and serving as the primary point of contact with Track.

5. Subscriptions & Payment

5.1 Subscription Plans

Access to the Services requires a paid subscription. Subscription details, including features, user limits, and pricing, are specified in the applicable Order Form or subscription agreement.

5.2 Fees and Payment

All fees are quoted in Euro (EUR) unless otherwise specified. Payment terms are as follows:

Fees are invoiced in advance on a monthly or annual basis, as agreed
Payment is due within thirty (30) days of invoice date
All fees are non-refundable except as expressly stated in these Terms
Fees are exclusive of VAT and other applicable taxes, which will be added where required

5.3 Late Payment

We reserve the right to charge interest on overdue amounts at the rate of 3% above the European Central Bank base rate, and to suspend access to the Services until outstanding amounts are paid in full.

5.4 Price Changes

We may adjust pricing upon renewal of your Subscription Term. We will provide at least sixty (60) days' notice of any price increases.

6. Acceptable Use

6.1 Permitted Use

Subject to these Terms, Track grants you a limited, non-exclusive, non-transferable right to access and use the Services for your internal business purposes during the Subscription Term.

6.2 Prohibited Activities

You agree not to, and shall ensure that Authorised Users do not:

Use the Services for any unlawful purpose or in violation of any applicable laws or regulations
Attempt to gain unauthorised access to any part of the Services or related systems
Reverse engineer, decompile, or disassemble any aspect of the Services
Copy, modify, or create derivative works of the Services
Resell, sublicense, or provide access to the Services to third parties
Transmit malware, viruses, or any harmful code
Interfere with or disrupt the integrity or performance of the Services
Use the Services to store or process any data that infringes third-party rights
Circumvent any usage limits or security measures

Notice: Violation of these acceptable use provisions may result in immediate suspension or termination of your access to the Services without refund.

7. Data Processing & Privacy

7.1 Data Ownership

You retain all rights, title, and interest in and to your Client Data. Track claims no ownership rights over Client Data.

7.2 Data Processing

To the extent that Track processes personal data on your behalf, such processing shall be governed by our Data Processing Agreement ("DPA"), which is incorporated into these Terms by reference. Our DPA complies with the requirements of the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Irish Data Protection Acts 1988–2018.

7.3 Data Location

Client Data is processed and stored within the European Economic Area (EEA). Any transfer of personal data outside the EEA shall be conducted in accordance with applicable data protection laws and our DPA.

7.4 Data Security

We implement appropriate technical and organisational measures to protect Client Data, including:

Encryption of data in transit and at rest
Regular security assessments and penetration testing
Access controls and authentication mechanisms
Business continuity and disaster recovery procedures

7.5 Privacy Policy

Our collection and use of personal information is described in our Privacy Policy, available on our website. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

8. Intellectual Property

8.1 Track IP

Track and its licensors own all Intellectual Property Rights in and to the Services, including all software, algorithms, interfaces, Documentation, and any improvements or modifications thereto. These Terms do not grant you any rights to such Intellectual Property except for the limited use rights expressly set forth herein.

8.2 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us a perpetual, irrevocable, royalty-free licence to use, modify, and incorporate such Feedback into our Services without any obligation to you.

8.3 Usage Data

We may collect and analyse aggregated, anonymised usage data derived from your use of the Services for the purposes of improving and developing our Services. Such aggregated data shall not identify you or any individual Authorised User.

9. Confidentiality

9.1 Confidential Information

Each party ("Receiving Party") agrees to keep confidential all non-public information disclosed by the other party ("Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information").

9.2 Obligations

The Receiving Party shall:

Use Confidential Information only for purposes related to these Terms
Protect Confidential Information using at least the same degree of care it uses for its own confidential information
Not disclose Confidential Information to third parties without prior written consent
Limit access to Confidential Information to those with a need to know

9.3 Exceptions

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to disclosure; (c) is independently developed without use of Confidential Information; or (d) must be disclosed by law, provided reasonable notice is given to the Disclosing Party.

10. Warranties & Disclaimers

10.1 Track Warranties

Track warrants that:

The Services will perform substantially in accordance with the Documentation
We will provide the Services with reasonable skill and care
We have the right to grant the licences set forth in these Terms

10.2 Client Warranties

You warrant that:

You have the authority to enter into these Terms
Your use of the Services will comply with all applicable laws
You have all necessary rights to the Client Data

10.3 Disclaimers

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACK DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Track does not warrant that the Services will be uninterrupted, error-free, or completely secure. Any advice or information obtained through the Services does not create any warranty not expressly stated herein.

11. Limitation of Liability

11.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY.

11.2 Liability Cap

TRACK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TRACK DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3 Exceptions

The limitations in this section do not apply to: (a) liability arising from gross negligence or wilful misconduct; (b) liability that cannot be excluded by applicable law; (c) breaches of confidentiality obligations; or (d) your payment obligations.

12. Indemnification

12.1 Track Indemnification

Track shall defend, indemnify, and hold harmless the Client from any third-party claim alleging that the Services, as provided by Track, infringe any third-party intellectual property rights, provided that the Client promptly notifies Track of the claim and provides reasonable cooperation.

12.2 Client Indemnification

You shall defend, indemnify, and hold harmless Track from any third-party claim arising from: (a) your breach of these Terms; (b) your violation of applicable laws; (c) Client Data; or (d) your use of the Services in combination with third-party products or services not provided by Track.

13. Termination

13.1 Subscription Term

These Terms commence on the date you first access the Services and continue for the Subscription Term specified in your Order Form. Subscriptions will automatically renew for successive periods of equal length unless either party provides written notice of non-renewal at least thirty (30) days prior to the end of the current term.

13.2 Termination for Cause

Either party may terminate these Terms immediately upon written notice if the other party:

Materially breaches these Terms and fails to cure such breach within thirty (30) days of receiving notice
Becomes insolvent, enters administration, or ceases to operate

13.3 Effect of Termination

Upon termination or expiration:

Your right to access the Services will immediately cease
You must pay any outstanding fees for Services provided
Track will, upon request, provide you with a copy of your Client Data in a standard format for a period of thirty (30) days following termination
After the thirty (30) day period, Track may delete all Client Data in accordance with our data retention policies

13.4 Survival

Sections relating to Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive termination of these Terms.

14. Governing Law & Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions.

14.2 Jurisdiction

Subject to Section 14.3, the courts of Ireland shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

14.3 Alternative Dispute Resolution

Prior to initiating any legal proceedings, the parties agree to attempt in good faith to resolve any dispute through negotiation. If the dispute cannot be resolved within thirty (30) days, either party may initiate mediation administered by an agreed mediator in Cork, Ireland. The costs of mediation shall be shared equally.

15. Changes to Terms

We may modify these Terms from time to time. We will notify you of any material changes by posting the updated Terms on our website and, where appropriate, by email to the address associated with your account.

Changes will become effective thirty (30) days after posting, unless we specify otherwise. Your continued use of the Services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Services before the changes take effect.

We will maintain an archive of previous versions of these Terms, which you may request at any time.

16. Contact Information

If you have any questions about these Terms, please contact us:

Track Technologies Limited
Address: East Ferry Lodge, East Ferry, Midleton, Co Cork P25 FX37, Ireland
Email: legal@gettrack.com
Support: support@gettrack.com
Website: www.gettrack.com

Acknowledgement: By clicking "I Accept", creating an account, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.