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. The Service is intended for businesses and professionals; if you are accessing the Service as an individual consumer, additional rights may apply under applicable law.
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. Accounts are non-transferable. If an account holder's employment or affiliation with your organization ends, you are responsible for promptly updating account access and credentials. Trackout is not responsible for any loss arising from failure to do so.
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
- Use driver location data obtained through the Service in any discriminatory, harassing, or unlawful manner
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 based on the number of days remaining in your current billing period.
- 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 and to improve Service performance and functionality. For avoidance of doubt, we will not use Your Data to train artificial intelligence or machine learning models without your separate written consent.
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
- Ensuring that location tracking is limited to working hours or periods expressly covered by driver consent, and is not used for any purpose beyond legitimate fleet management
Drivers may disable location sharing at any time through their device settings. Disabling location sharing does not affect a driver's ability to access other features of the Trackout mobile app.
For information about how Trackout collects, processes, and protects personal data, including driver location data, please refer to our Privacy Policy.
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. Subject to your compliance with these Terms, Trackout grants you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.
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. NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE TRACKOUT'S LIABILITY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
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. Where practicable, we will provide you with reasonable notice before termination, except where immediate suspension is necessary to protect the Service 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. This data export right applies to both voluntary cancellations and terminations initiated by Trackout, except in cases of termination for cause involving fraudulent or unlawful activity.
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.
13A. Dispute Resolution
Before initiating formal legal proceedings, the parties agree to attempt to resolve any dispute informally by providing written notice to the other party describing the dispute. The parties will negotiate in good faith for a period of 30 days following such notice. If the dispute is not resolved within that period, either party may pursue its remedies as provided in Section 13.
CLASS ACTION WAIVER: TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
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. Additional Legal Provisions
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
Force Majeure. Trackout shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, government actions, internet outages, or failures of third-party services.
Entire Agreement. These Terms, together with the Privacy Policy and any order forms or subscription agreements entered into between the parties, constitute the entire agreement between you and Trackout with respect to the Service and supersede all prior agreements, representations, and understandings.
16. Contact Us
If you have questions about these Terms, contact us at support@trackout.ai.