Terms & Conditions
These Trax CRM Terms & Conditions ("Terms") set forth the terms and conditions for use of the Trax CRM web application service ("Service") located at https://www.traxcrm.com and all associated sites linked to that domain (collectively, the "Web Application"). The Web Application is provided by Trax CRM (the "Company"), its subsidiaries, affiliates, agents, and officers, and is the sole property of Trax CRM and its licensors or partners. The Company provides services in accordance with the usage, cost, and pricing terms set forth in any proposal ("Proposal") prepared and provided to you ("You", "Your", "Customer", or "Client"). You must agree to the Proposal (verbally or in writing) before using the Company's services. These Terms and the Privacy Policy, together with the Proposal and any supplemental items incorporated by reference, collectively form this agreement (the "Agreement").
BY USING THE WEB APPLICATION AND/OR THE COMPANY'S SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OUTLINED HEREIN.
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A BUSINESS, CORPORATION, OR ANY OTHER LEGAL ENTITY, YOU ACKNOWLEDGE THAT YOU HAVE THE AUTHORITY AND CLEARANCE TO BIND SAID ENTITY AND ITS AFFILIATES, AGENTS, AND/OR PRINCIPALS TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE WEB APPLICATION.
I. Ownership, License, and Access
A. Ownership of Services. The Services are owned solely by the Company and/or its third-party licensors. Certain Service features may include or rely on third-party open source components that are subject to separate license terms.
B. Grant of License. The Company grants You a limited, revocable, non-transferable, non-exclusive license to access and use the Web Application in accordance with these Terms.
C. Site Access. Any unauthorized use of the Company's name, trademarks, or service marks without the Company’s express written consent is strictly prohibited and will result in termination of the license granted hereunder.
II. Revisions to Terms of Use
The Company reserves the right, in its sole discretion, to add, remove, change, or modify any portion of these Terms at any time. It is Your responsibility to review these Terms periodically for changes. Your continued use of the Web Application after any changes constitutes acceptance of the updated Terms.
III. Prohibited Activities
You and your employees, affiliates, agents, independent contractors, and third parties are prohibited from:
- Using the Web Application to violate laws, infringe others' rights, or transmit unlawful content;
- Copying, rebranding, monitoring, reverse engineering, web scraping, decompiling, or disassembling any systems connected to the Web Application;
- Mirroring, framing, or reproducing any portion of the Web Application to build a separate product or to obtain content not intentionally made available by the Company;
- Performing unsolicited penetration testing on the Web Application or related systems;
- Attempting to gain unauthorized access to the Web Application;
- Interfering with the Web Application or its components;
- Allowing access to any third party without authorization or an active subscription;
- Modifying request headers or other data to obtain unauthorized access;
- Introducing malicious code, viruses, worms, Trojan horses, ransomware, or malware, or conducting phishing/other social engineering attacks, or any other unlawful means used for the purpose of gaining unauthorized access to any material, information, network, server, or database that is located in or interacts with the Web Application or Service;
- Infringing on the Company's or any third party's patent, copyright, trademark, trade secret(s), and/or proprietary rights, regardless of the intended use, and without the express consent of the Company and/or third parties; and
- Using the Web Application for any purpose/manner that is unlawful or promotes any illegal activity or other activity that infringes the rights of the Company or others, including but not limited to, abuse, violence, material of a sexual nature, drug use, slanderous or libelous material, or otherwise unlawful or tortious material.
IV. Intellectual Property
All intellectual property and/or trade secrets in the Service are owned solely by the Company or licensors. You agree that You, nor any employees, affiliates, agents, independent contractors, or third parties will disclose such intellectual property and/or trade secrets, or attempt to reproduce intellectual property and/or trade secrets without the express consent of the Company.
V. Security Measures
We implement commercially reasonable technical and security measures to protect Customer Data. However, we cannot guarantee absolute security. You should maintain backups and ensure You and Your employees, affiliates, agents, independent contractors, and third parties follow best security practices to prevent unauthorized access to your data.
VI. Backups, Export, and Data Retention
You are responsible for exporting and backing up your Customer Data. Upon account termination, the Company will retain data for ninety (90) days before permanent deletion. Contact support@traxcrm.com if you need assistance exporting data; additional fees may apply.
VII. Disclaimer of Warranties
Your use of the Web Application and Service is at your sole risk, and the Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Company disclaims all warranties, to the maximum extent permitted by applicable law(s), including merchantability, fitness for a particular purpose, non-infringement, and those warranties set forth in the Uniform Computer Information Transactions Act, or arising by statute or otherwise in law or from a course of dealing or usage of trade.
The Company makes no warranties for any material that is downloaded or otherwise obtained through the use of the Company's Services that potentially results in damage to your computer system and/or network, or in loss of data from the download of such material.
The Company makes no warranties that:
- You will be satisfied with the Services offered through the Web Application.
- Any errors/bugs found in the software will be mitigated or patched.
- The Software will be uninterrupted, secure, or error-free.
VIII. Limitation of Liability
To the maximum extent permitted by law, neither the Company nor its licensors shall be liable for indirect, incidental, special, consequential, punitive, or exemplary damages arising from your use of the Service. If limits are unenforceable, the Company's liability shall not exceed the lesser of: (a) the total amount paid by you under this Agreement in the 12 months preceding the claim; or (b) $100.
IX. Indemnification
You will indemnify, defend and hold the Company, its subsidiaries, affiliates, agents, and officers harmless from claims, including reasonable attorneys' fees, arising out of Your use of the Service in any manner, violation of these Terms, or infringement of third-party rights.
X. Subscriptions and Payment
You will be responsible for paying the fees ("Fees") for the Services as set forth in the Proposal provided to You, or as subsequently modified pursuant to these Terms, Services, and for any third party goods and services You order through the Service.
You will be required to submit credit card and billing information to a third-party payment processing vendor of the Company and Your credit card will be billed the Fees agreed to in this Agreement and for any third party goods and services You order through the Service. An authorization charge may be placed to determine if the card has the funding to handle the Fees, such authorization charge will be returned once the credit authorization process has been completed.
XI. Suspension and Termination
The Company reserves the right at any time and from time to time to suspend or discontinue, whether temporarily or permanently, the Service, or any part thereof, with or without notice. The Term of this agreement shall begin on the date Your account is activated in the Service and will remain effective until terminated by You or the Company.
XII. Governing Law and Dispute Resolution
Each party acknowledges that any violation by that party of its covenants in this Agreement (if any) relating to intellectual property rights, confidential or proprietary information, or trade secrets would result in damage to the other party that is largely intangible but nonetheless real, and that is incapable of complete remedy by an award of damages. Accordingly, any such violation shall give the other party the right to a court-ordered injunction or other appropriate order to specifically enforce those covenants. The party against whom any such injunction is entered agrees to pay to the other party any reasonable expenses, including but not limited to attorneys' fees, incurred in obtaining such specific enforcement (in addition to any other relief to which the other party may be entitled).
If any part of these Terms is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which remain in full force and effect. Any and all disputes relating to these Terms, the Company's Privacy Policy, or Your use of the Company's Web Application/Services are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any conflict of law's provisions. You agree to the sole jurisdiction and venue of the federal or state courts in Texas in the event of any dispute of any kind arising from or relating to these Terms, Privacy Policy, or Your use of the Company's Web Application/Services.
XIII. General Provisions
Entire Agreement. These Terms, together with the Proposal and any supplemental items incorporated by reference constitute the entire agreement between the parties with respect to the subject matter hereof.
Inquiries regarding these Terms can be emailed to: legal@traxcrm.com.