Shop Track Terms of Service
Last Updated: 02/10/2025
These Terms of Service (the “Terms”) govern your access to and use of the website shoptrack.it (the “Site”) and any associated services, products, or applications (collectively, the “Services”), which are developed and owned by Shop Track LLC (“Shop Track,” “we,” “us,” “our”). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you must not use our Services.
1. Acceptance of Terms
By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and any other agreements or policies referenced herein, including our Privacy Policy. If you do not agree to all of these Terms, you may not use the Services.
2. Eligibility
You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this eligibility requirement. If you do not meet this requirement, you must not access or use the Services.
3. The Services
Shop Track offers a software-as-a-service (SaaS) platform via shoptrack.it for the management of work orders and other related business tasks. Our Services may include, but are not limited to, web-based applications, APIs, integrations, customer communications, and support. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.
4. Account Registration and Security
- Registration: To access certain features of the Services, you may be required to register for an account by providing accurate and complete information. You are responsible for updating your account information as necessary.
- Account Security: You are solely responsible for safeguarding the password and other credentials used to access your account. You agree to notify us immediately of any unauthorized access or use of your account.
- Responsibility: You are responsible for all activities that occur under your account. Shop Track is not liable for any loss or damage arising from your failure to maintain the security of your account.
5. License and Intellectual Property Rights
- License Grant: Subject to these Terms, Shop Track grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your internal business purposes.
- Restrictions: You may not copy, distribute, modify, reverse engineer, or create derivative works of any part of the Services or Site. You also agree not to remove or obscure any copyright, trademark, or other proprietary notices displayed on the Services.
- Ownership: All rights, title, and interest in and to the Services, including any software, text, graphics, logos, icons, images, trademarks, service marks, and other materials, are the exclusive property of Shop Track or its licensors.
6. Fees and Payment
Certain features of the Services may require payment of fees as indicated in an order form, subscription plan, or other agreement with Shop Track. You agree to pay all fees as described for the plan you select. Payment obligations are non-cancelable, and fees paid are non-refundable, except as otherwise provided in these Terms or the specific plan agreement. If you fail to make timely payment, Shop Track reserves the right to suspend or terminate your access to the Services.
7. Prohibited Conduct
You agree not to engage in any of the following activities:
- Using the Services for any illegal, deceptive, or fraudulent purposes.
- Uploading or transmitting any material that is offensive, defamatory, libelous, or that violates any third-party rights.
- Interfering with or disrupting the integrity or performance of the Services or third-party data.
- Attempting to gain unauthorized access to any systems, networks, or data related to the Services.
- Using any robot, spider, or other automated device to access the Services without our express permission.
8. Third-Party Services and Integrations
Our Services may integrate or interoperate with third-party services, websites, or applications. Your use of any third-party services is governed by their respective terms and policies. Shop Track does not endorse and is not responsible or liable for the availability, accuracy, content, products, or services of any third-party services.
9. Termination
- By You: You may terminate your account or subscription at any time by following the instructions on the Site or contacting customer support.
- By Shop Track: We may suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms or if we reasonably believe termination is necessary to protect our interests or those of other users.
- Effect of Termination: Upon termination, your right to use the Services will immediately cease. Any provisions that by their nature should survive termination (e.g., ownership, indemnification, limitation of liability) shall continue to apply.
10. Indemnification
You agree to defend, indemnify, and hold harmless Shop Track, its directors, officers, employees, and agents from and against any claims, actions, damages, obligations, losses, liabilities, costs, or debt, including attorneys’ fees, arising out of or related to your use or misuse of the Services, your violation of these Terms, or your violation of any third-party rights.
11. Disclaimers
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Shop Track DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
12. Limitation of Liability
IN NO EVENT SHALL Shop Track OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Shop Track HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Shop Track’S AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO Shop Track IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Insert Governing Jurisdiction], without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in [Insert Appropriate Venue], and each party consents to the personal jurisdiction and venue of such courts.
14. Changes to Terms
Shop Track may update or modify these Terms from time to time at its sole discretion. If we make material changes, we will provide notice (e.g., by email or by posting a notice on the Site). Your continued use of the Services after any such changes indicates your acceptance of the new Terms. If you do not agree to the modified Terms, you must discontinue your use of the Services.
15. Miscellaneous
- Entire Agreement: These Terms, together with any other agreements or policies referenced herein, constitute the entire agreement between you and Shop Track regarding the Services.
- Waiver: The failure of Shop Track to enforce any provision of these Terms shall not be deemed a waiver of that or any other provision.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.
- Assignment: You may not assign your rights or delegate your obligations under these Terms without our prior written consent. Shop Track may freely assign or transfer these Terms.
- Relationship: No joint venture, partnership, employment, or agency relationship exists between you and Shop Track as a result of these Terms or use of the Services.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
Shop Track LLC
Email: info@shoptrack.it