TrackTune Holdings LLC – Terms and Conditions
Last Updated: 29-Aug-24
Welcome to TrackTune! These Terms and Conditions (“Terms”) govern your access to and use of our website, mobile applications, and any associated services provided by TrackTune Holdings LLC (“TT”, “we”, “us”, or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, you may not access or use our services.
1. Definitions
- Service: Refers to the website, mobile applications, and any other services provided by TT.
- You: Refers to the individual or legal entity accessing or using our Service.
- Content: Refers to text, images, videos, audio, and other materials provided through the Service.
- Device: Any device that can access the Service, such as a computer, smartphone, or tablet.
- User Content: Refers to any content that users submit, post, or otherwise make available through the Service.
2. Acceptance of Terms
By accessing or using our Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must stop using the Service immediately.
3. Eligibility
You must be at least 18 years old to use our Service. By accessing or using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into this agreement.
4. Modifications to Terms
TT reserves the right to modify, update, or replace these Terms at its sole discretion at any time without prior notice. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms.
5. Access to the Service
TT grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use, subject to these Terms. TT reserves the right to withdraw or amend the Service, and any service or material we provide, at our sole discretion without notice.
6. User Accounts
To access certain features of the Service, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Keep your login credentials confidential and secure.
- Notify us immediately of any unauthorized use of your account.
You are responsible for all activities that occur under your account, whether or not you know about them. TT reserves the right to suspend or terminate your account at any time if you fail to comply with these Terms or if we suspect any unauthorized or fraudulent use of your account.
7. Use of the Service
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations.
- Infringe the rights of others, including privacy, publicity, intellectual property, and contractual rights.
- Interfere with or disrupt the operation of the Service or servers or networks connected to the Service.
- Use the Service to transmit, distribute, or store any material that is unlawful, harmful, defamatory, obscene, infringing, or otherwise objectionable.
- Engage in any activity that could harm the reputation or functionality of the Service.
8. Intellectual Property Rights
All intellectual property rights in the Service, including content, software, graphics, and trademarks, are owned by TT or its licensors. You may not:
- Copy, modify, distribute, sell, or lease any part of the Service or included software.
- Reverse engineer or attempt to extract the source code of any software associated with the Service.
- Use any trademarks, logos, or service marks displayed on the Service without our prior written permission.
9. User-Generated Content
If you submit, post, or otherwise make available any content through the Service (“User Content”), you grant TT a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and TT’s business.
You represent and warrant that:
- You have all rights necessary to grant the licenses granted herein.
- Your User Content does not violate any third-party rights or any laws.
- Your User Content is not defamatory, obscene, offensive, or otherwise harmful.
TT reserves the right, but not the obligation, to monitor, edit, or remove any User Content that violates these Terms or is otherwise objectionable.
10. Third-Party Services
Our Service may include links to third-party websites, applications, or services (“Third-Party Services”) that are not owned or controlled by TT. We are not responsible for the content, privacy practices, or any activities of these Third-Party Services. You access and use Third-Party Services at your own risk, and we encourage you to review their terms and privacy policies.
11. Payments and Subscriptions
Some aspects of the Service may be provided for a fee or subscription. If you elect to use paid aspects of the Service, you agree to our pricing and payment terms as stated at the time of purchase. TT may add new services for additional fees or amend fees for existing services at any time in its sole discretion.
- Billing: You authorize TT to charge your payment method for any fees or charges incurred in connection with the Service.
- Cancellation: Subscription fees will be billed in advance on a recurring basis. You may cancel your subscription at any time, but no refunds will be issued for any unused portion of the subscription period.
12. Termination
TT may terminate or suspend your access to the Service, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination:
- Your right to use the Service will immediately cease.
- Any provisions of these Terms that should survive termination shall remain in effect, including intellectual property rights, warranties, disclaimers, and limitations of liability.
13. Disclaimer of Warranties
The Service is provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, either express or implied. TT disclaims all warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TT does not warrant that:
- The Service will meet your requirements.
- The Service will be uninterrupted, secure, or error-free.
- The results obtained from using the Service will be accurate or reliable.
- Any errors or defects in the Service will be corrected.
14. Limitation of Liability
To the maximum extent permitted by law, TT shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Service.
In no event shall TT’s total liability to you for all claims arising out of or related to the Service exceed the amount paid by you, if any, for accessing the Service in the twelve months preceding the event giving rise to the claim.
15. Indemnification
“You agree to indemnify, defend, and hold harmless TT, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise directly from:
- Your misuse of the Service or any breach of these Terms.
- Your material violation of any rights of another, including intellectual property or privacy rights.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Washington for the purpose of litigating all such claims or disputes.
17. Dispute Resolution
If you have any dispute with TT arising out of or relating to these Terms or the Service, you agree to first attempt to resolve the dispute informally by contacting us. If the dispute is not resolved within 30 days of such notice, either party may bring a claim in court.
18. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable.
19. Waiver
No waiver by TT of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TT to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
20. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and TT regarding the use of the Service and supersede all prior and contemporaneous agreements, proposals, or communications, whether written or oral, between you and TT.
21. Changes to These Terms
TT reserves the right to modify, update, or replace these Terms at any time at our sole discretion without prior notice. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Service after any changes to these Terms constitutes your acceptance of the new Terms.
22. Force Majeure
TT shall not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by circumstances beyond its reasonable control, including, but not limited to, acts of God, war, terrorism, strikes, pandemics, supply shortages, or government regulations.
23. Assignment
TT may assign or transfer these Terms, in whole or in part, at any time without notice to you. You may not assign or transfer any rights or obligations under these Terms without the prior written consent of TT. Any attempted assignment or transfer in violation of this provision will be null and void.
24. No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and TT.
25. Electronic Communications
By using our Service, you consent to receiving electronic communications from us. These communications may include notices about your account, such as payment authorizations, password changes, and other transactional information, and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
26. Export Compliance
You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce and trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control. You represent and warrant that you are not located in a country that is subject to U.S. government sanctions or embargoes, and you agree not to access or use the Service in violation of such regulations.
27. Feedback
If you submit any feedback, comments, or suggestions regarding our Service (“Feedback”), you agree that TT is free to use such Feedback for any purpose without any restriction or compensation to you. By accepting your submission, TT does not waive any rights to use similar or related feedback previously known to TT, developed by its employees, or obtained from other sources.
28. Contact Us
If you have any questions about these Terms, please contact us:
TrackTune Holdings LLC
Email: [email protected]
Address: 235 Lane 275a Turkey Lake, Hudson, IN 46747