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Safetrac User Agreement

Terms and Conditions

AGREEMENT FOR USE OF SERVICE (SAFETRAC SERVICE)

This Agreement for Use of Service (“Agreement”) is made between Safetrac Software, Inc., a California limited liability corporation (“Company”), and the business organization completing the registration process (“Customer”) to open and maintain an account with Company to access and use Company’s employee management and reporting service (“Service”) located on its website www.safetrac.io, www.mysafetrac.app, or any successor address used by Company to provide the Service (“Website”). Company and Customer are collectively referred to as the “parties.”

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By clicking the button accepting this agreement or accessing, using, or installing any part of the Service, Customer expressly agrees to and consents to be bound by all of the terms of this Agreement. If Customer does not agree to all of the terms, the button indicating non-acceptance must be selected, and Company will not activate Customer’s subscription to use the Service.

Any person accepting this Agreement represents that they have the authority to bind the Company to the terms and conditions of this Agreement.

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Customer acknowledges that Company may modify this Agreement at any time. Unless Customer objects in writing within thirty (30) days following the modification(s), Customer will be deemed to have accepted the modification(s) as of the effective date. Continued use of the Service or Website will constitute acceptance of the modified Agreement. If Customer does not accept the modified Agreement, their only recourse is to terminate the Agreement as set out in Section 7.3.

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1. DEFINITIONS

1. “Administrative User” – The primary contact named in the Sign-Up Form, responsible for communicating with the Company. This person can only be changed by a duly authorized representative of Customer in writing.

2. “Authorized User” – Personnel authorized by the Customer to use the Service, assigned credentials by the Administrative User.

3. “Billing Date” – The due date for payments, beginning on the Subscription Date and continuing on the same date each month.

4. “Customer” – The organization named in the Sign-Up Form.

5. “Customer Data” – Business or personal information uploaded by the Customer, including employee and client data, notes, and reports.

6. “Monthly Fee” – The recurring monthly fee for the Subscription Package.

7. “Service Information” – Descriptions and details of the Service provided on the Website.

8. “Sign-Up Form” – The form submitted by the Customer detailing the Subscription Package, Administrative User, Monthly Fee, number of Authorized Users, and other details.

9. “Subscription Date” – The date when Company accepts Customer’s subscription and verifies initial payment.

10. “Subscription Package” – The level of Service selected by the Customer.

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2. SUBSCRIPTION FOR SERVICE

1. Signing Up – The Service is a software-as-a-service (SaaS) solution for employee management and reporting. Customer receives a non-transferable, non-exclusive account for internal business use only.

2. Use of Service – Customer must comply with all terms and policies listed on the Website.

3. Non-Transferability – The Customer cannot resell or transfer the Service.

4. Customer Representations – Customer guarantees:

   • Administrative User is over 18 years old.

   • Information provided is accurate.

   • Payments will be made via the authorized credit or debit card.

   • Compliance with all Agreement terms.

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3. ACCESS AND USE OF SERVICE

1. Delivery of Access – Customer receives login credentials within 48 hours of Subscription Date.

2. Authorized Users – Administrative User may add and manage users per the Subscription Package.

3. Training and Support – Customer gets access to Company’s resource center and video library. Additional training is available for a fee.

4. Changes to Service – Company may update the Website and Service at its discretion, including patches, bug fixes, and modifications.

5. Customer’s Equipment – Customer is responsible for maintaining compatible hardware, software, and internet connections.

6. Service Downtime – Service may be unavailable due to maintenance, technical issues, or unforeseen causes.

7. Data Retention – Company retains Customer Data for up to 4 years and backs it up daily.

8. Account Security – Customer must protect login credentials and is responsible for any unauthorized access.

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4. FEES AND CHARGES

1. Payment – Monthly fees are due in advance each Billing Date. Payments must be made via a stored credit/debit card.

2. Taxes – Customer is responsible for applicable sales, transaction, or value-added taxes.

3. Pre-Authorization for Card Billing – Customer authorizes Company to charge the card on file automatically.

4. Fee Adjustments – After the first year, Company may adjust fees with 15 days' notice.

5. Late Fees – Late payments may result in:

   • 10% late charge or $125, whichever is greater.

   • 1.5% monthly interest on unpaid balances.

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5. OWNERSHIP AND PRIVACY

1. Company Ownership – The Service is proprietary to Company and protected by intellectual property laws.

2. Customer’s Non-Exclusive License – Customer’s access is non-exclusive, and Company may provide the Service to other clients, including competitors.

3. Confidentiality – Company will not share Customer Data unless required by law or necessary for service maintenance.

4. Marketing Authorization – Customer agrees that Company may list them as a client on marketing materials.

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6. RESTRICTIONS ON USE

• Prohibited Uses include:

  • Sending spam, chain letters, or offensive material.

  • Sharing Service credentials or misrepresenting identity.

  • Attempting to reverse-engineer, modify, or tamper with the software.

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7. TERM, SUSPENSION, AND TERMINATION

1. Suspension for Non-Payment – Accounts with unpaid balances may be suspended and subject to a $150 re-activation fee.

2. Agreement Term – The agreement is month-to-month and continues until terminated.

3. Customer Termination – Customers must provide 30 days' written notice before cancellation.

4. Company Termination – Company may terminate with 30 days' notice or immediately for non-payment.

5. Access After Termination – Customer loses access to their data upon termination.

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8. PRIVACY POLICY

1. Customer data is protected but may be used for service analytics.

2. Cookies and tracking – Safetrac uses Google and Facebook tracking for marketing.

3. Opt-out options are available via:

   • Google: https://www.google.com/settings/ads/

   • Facebook: https://www.facebook.com/about/privacy/

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9. LIMITATION OF LIABILITY & INDEMNITY

• Company is not liable for:

  • Service downtime.

  • Loss of data.

  • Any indirect, incidental, or consequential damages.

• Indemnification:

  • Customer must defend Company from claims related to misuse.

  • Company will defend Customer against intellectual property claims.

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10. DISPUTE RESOLUTION

• Binding Arbitration – Any disputes must be settled via JAMS arbitration in Los Angeles, California.

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11. NOTICES & COMMUNICATIONS

• Billing: billing@safetrac.io

• Support: support@safetrac.io

• General inquiries: info@safetrac.io

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