Terms of Service
These Terms of Service (the “Terms”) are a binding agreement between TurnerTrack LLC, a Virginia limited liability company (“Company,” “we,” “us,” or “our”), and you (“you” or “Customer”), governing your access to and use of the turnertrack software, applications, websites, and related services (collectively, the “Service”).
By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements and that any information you provide is accurate and complete.
2. Accounts and Security
Certain features require an account. You agree to provide accurate registration information and keep it current. You are responsible for safeguarding your account credentials and for all activity under your account. Notify us promptly at casey@turnertrack.com of any unauthorized use. We are not liable for any loss arising from your failure to maintain the security of your account.
3. License and Acceptable Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. You agree that you will not:
- copy, modify, distribute, sell, sublicense, rent, or lease any part of the Service;
- reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
- access the Service through automated means (such as bots or scrapers) or attempt to circumvent any access controls, usage limits, or security measures;
- share, resell, or provide access to your account or the Service to any unauthorized third party;
- use the Service to violate any law or the rights of others, or to transmit malicious code; or
- interfere with or disrupt the integrity or performance of the Service.
4. Customer Responsibilities
If you use the Service to manage, monitor, or track workers or other individuals — including through location-based clock-in, geofencing, or crew-tracking features — you are solely responsible for: (a) providing those individuals with all legally required notices regarding the collection and use of their data, including location data; (b) obtaining any consents required by applicable law; and (c) complying with all applicable employment, labor, privacy, and electronic-monitoring laws. You represent that you have the authority and all rights necessary to provide any worker or third-party data you submit to the Service, and you will indemnify us for claims arising from your failure to do so.
5. Subscriptions, Fees, and Payment
Some features of the Service may be offered on a paid or subscription basis. Applicable fees, billing cycles, and features will be described at the point of purchase. The Service is offered on a flat, per-company subscription based on your company size, billed either monthly or annually at the rate shown when you subscribe; we do not offer a free trial. Unless otherwise stated, subscriptions automatically renew at the then-current rate until cancelled, and you authorize us, through our payment processor Stripe, to charge your payment method on a recurring basis. You may cancel at any time, effective at the end of the current billing period. Except where required by law or expressly stated, fees are non-refundable. We may change our fees on prospective notice.
6. Intellectual Property
The Service, including all software, content, designs, text, graphics, and trademarks, is owned by the Company or its licensors and is protected by intellectual property laws. Except for the limited license granted above, no rights are transferred to you. The name and mark “turnertrack” and associated logos are trademarks of the Company and may not be used without our prior written permission.
7. Feedback
If you provide suggestions, ideas, or other feedback about the Service, you grant the Company a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that feedback for any purpose, without obligation or compensation to you.
8. Your Data
You retain ownership of the data and content you submit to the Service (“Customer Data”). You grant the Company a non-exclusive, worldwide, royalty-free license to host, store, and process Customer Data solely to provide, maintain, and improve the Service. Our handling of personal information is described in our Privacy Policy, available at https://turnertrack.com/privacy and incorporated into these Terms by reference.
9. Third-Party Services
The Service may rely on or link to third-party products or services. We do not control and are not responsible for third-party services, and your use of them is governed by their own terms.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DATA OR RESULTS PROVIDED WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS MEMBERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its members, officers, and agents from and against any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your Customer Data, or your violation of these Terms or applicable law.
13. Term and Termination
These Terms remain in effect while you use the Service. We may suspend or terminate your access at any time, with or without notice, if you violate these Terms or for any other reason. You may stop using the Service at any time. Provisions that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, and indemnification) will survive.
14. Modifications
We may modify the Service or these Terms from time to time. If we make material changes, we will provide notice as required by law, such as by posting the updated Terms with a new effective date. Your continued use of the Service after the changes take effect constitutes acceptance of the revised Terms.
15. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Fairfax County, Virginia, and you consent to the personal jurisdiction of those courts.
16. General
These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company regarding the Service. If any provision is held unenforceable, the remaining provisions will remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our consent; we may assign them freely. We are not liable for delays or failures caused by events beyond our reasonable control.
17. Contact
Questions about these Terms may be directed to TurnerTrack LLC at casey@turnertrack.com.