Last Updated: September 24, 2024

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your use of the SiteTrax.io website (“Site”) and the SiteTrax.io mobile application (“App”) (collectively, the “Platform”). SiteTrax, Inc. (“we,” “us,” or “our”) owns and operates the Platform. By using the Platform, you (“you” or “your”) agree to comply with these Terms.

These Terms constitute a legally binding agreement. If you do not agree to these Terms or our Privacy Policy, you may not use the Platform. We may modify these Terms from time to time, and the most recent version is reflected by the date above. Continued use of the Platform after any update constitutes your acceptance of the revised Terms.

2. Definitions

• “Authorization Form”: A document issued by SiteTrax.io, detailing services, fees, term length, and other relevant details.
• “Authorized Users”: Individuals authorized by you to access the Platform.
• “Customer Content”: Data or content you provide in connection with your use of the Platform.
• “Mentions”: Publicly available data collected by SiteTrax.io on your behalf.
• “Seat”: A single subscription associated with an individual user or organization.
• “Supported Platforms”: Social networking platforms supported by SiteTrax.io, including Twitter, Facebook, LinkedIn, Instagram, and others listed on the Site.
• “Third-Party Platform”: Products, services, applications, or websites provided by third parties.

3. Platform Usage

The Platform enables asset data collection using OCR technology via mobile devices or cameras, which can be integrated into third-party systems. While we strive for accuracy, we are not responsible for external factors (e.g., weather) that may affect performance.

• License: We grant you a non-exclusive, non-transferable license to access and use the Platform for the number of Seats purchased.
• Interactive Features: Communication via the Platform is limited and should not be relied upon as definitive advice.
• Driving: Do not use the Platform while driving or in violation of traffic laws. We are not responsible for any legal consequences.

4. Intellectual Property

We own all intellectual property rights related to the Platform, including AI models, logos, and trademarks. All rights not expressly granted under this Agreement are reserved by SiteTrax.io. Any feedback provided by you to improve the Platform is considered non-confidential, and we may use it without restriction.

Customer Data

• Paid Services: You retain ownership of all data and content (“Customer Content”) provided by you during your paid use of the Platform. After payment has been received in full, you will have full rights to your Customer Content, including the ability to download, use, or delete it at your discretion. You grant SiteTrax.io a limited, non-exclusive, worldwide license to access, use, store, and process your Customer Content solely for the purpose of providing the Platform and related services.

• Free or Unpaid Services: For any free services, trial periods, or services where payment has not been fully received, you acknowledge that SiteTrax.io

•  retains ownership of the data and content collected or processed through the Platform. SiteTrax.io may use, distribute, store, and otherwise handle such data as it deems necessary, including for improving the Platform and its services.

• Data Filtering: You may request data filtering based on asset types or matching records in other databases. Any data filtered but not delivered to you under unpaid services remains the sole property of SiteTrax.io, with full rights to use, reproduce, or distribute such content.

• Anonymized Data: Regardless of payment status, SiteTrax.io may use anonymized, aggregated data for the purpose of improving its services.

Data Retention

• Standard Retention: SiteTrax.io will store Customer Content for up to 90 days at no additional cost. After this period, we reserve the right to delete or archive the data unless otherwise agreed in writing.
• Customer Responsibility: It is your responsibility to back up your Customer Content during the 90-day storage period. You may also coordinate with SiteTrax.io to push your data to a cloud storage provider approved by SiteTrax.io, if you prefer using your own cloud storage services. Additional fees may apply for this coordination and any longer retention of data.
• Extended Retention: If you require data storage for a period longer than 90 days, additional fees may apply. You may contact SiteTrax.io to arrange for extended storage services.

Responsibility for Customer Content

You are responsible for any Customer Content you or your Authorized Users upload, publish, or link via the Platform. While SiteTrax.io acts as a conduit for distributing this content, we reserve the right to remove any content deemed in violation of these Terms.

5. Products and Fees

• Purchases by Authorization Form: If an Authorization Form is issued for the purchase of Platform services, you agree to pay all fees as described in the Authorization Form. SiteTrax.io

•  will invoice you for the fees, and all invoices are payable by the due date. Any disputed amounts must be resolved separately and do not affect the payment of non-disputed amounts.

• Online Paid Platform: For services purchased online, you must provide a valid payment method. If the payment method expires and is not updated, you authorize SiteTrax.io

•  to continue billing your account, and you remain responsible for any unpaid amounts.

• Free Trial Period: You may sign up for a free trial of certain services. If you do not cancel or downgrade to a free version before the trial period ends, you will be automatically charged.

• Subscription Services: Subscription services are billed in advance on a monthly or yearly basis and automatically renew. No refunds will be issued for the subscription period purchased, and any downgrade or cancellation will take effect at the end of the current billing cycle.

Late Payment and Attorney Collections

If payment is not received by the due date, SiteTrax.io reserves the right to charge late interest. Any past-due account may be referred to an attorney for collection at our discretion. If the account is turned over to an attorney for collection, you agree to pay all costs of collection, including but not limited to court costs and attorney fees, equal to 33⅓% of the outstanding balance at the time of referral. Upon 10 days written notice, SiteTrax.io may suspend your access to the Platform if payment remains unpaid.

Taxes and Withholdings

You are responsible for all applicable taxes associated with your purchase of the Platform. If SiteTrax.io is required to collect taxes, they will be invoiced to you, and you agree to pay them unless you provide a valid tax exemption certificate.

6. Beta Testing

From time to time, we may offer Beta versions of the Platform for evaluation purposes. Beta services are provided “as is” without any warranties or guarantees, and we may terminate your access to Beta services at any time.

7. Confidentiality

You agree not to disclose any confidential information related to our business, operations, or users without prior written consent from us.

8. Breach of Terms

We reserve the right to take appropriate actions, including banning users, disclosing information to authorities, and removing content, for violations of these Terms or applicable law.

9. Disclaimer of Warranties

The Platform is provided on an “as is” basis. We disclaim all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, or non-infringement. We are not liable for delays, errors, or any damages arising from the use of the Platform.

10. Indemnification

You agree to defend, indemnify, and hold harmless SiteTrax.io, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, or expenses arising from (i) your use of the Platform, (ii) your violation of these Terms, (iii) your violation of third-party rights, or (iv) any content you submit through the Platform.

11. Arbitration and Class Action Waiver

Any disputes arising from these Terms or your use of the Platform will be settled by arbitration in accordance with the American Arbitration Association’s Commercial Arbitration Rules under the Laws of the State of Virginia. The arbitration will be based on the submission of documents, and there will be no in-person hearings. You waive your right to participate in class actions or collective lawsuits. Each party will bear their own costs for the arbitration.

12. Apple and Google Play Store

For users who download the Platform via Apple’s App Store or Google Play, you agree that:

• Apple and Google are not parties to these Terms.
• Apple and Google are not responsible for any support or warranty for the Platform.
• Apple and Google will have no liability for any claims related to the Platform.

13. General Provisions

• Communications: You agree that SiteTrax.io may communicate with you via SMS, email, push notifications, or phone.
• Export Compliance: You may not use the Platform in jurisdictions where it is prohibited under U.S., Canadian, or other applicable laws.
• Force Majeure: We are not liable for failures to perform due to unforeseen events beyond our control.
• Severability: If any part of these Terms is found to be unenforceable, the remaining parts will continue to be in effect.
• Assignment: We may assign or subcontract our rights and obligations under these Terms without notice.
• Prevailing Language: In the event of a conflict between different language versions of these Terms, the English version will prevail.

Contact Us

If you have any questions or feedback, please submit a support ticket at https://support.sitetrax.io or contact us at +1 (757) 819-4600.