Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you") and IT Trackr ("we", "us", "our") governing your access to and use of the IT Trackr platform and related services (collectively, the "Service").

By creating an account, clicking "I agree", or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not have such authority, or if you do not agree with these Terms, you must not use the Service.

IT Trackr is a cloud-based IT asset management platform that enables organisations to track hardware assets, software licences, employees, domains, and related records. The Service is provided on a subscription basis via ittrackr.com.

We reserve the right to modify, suspend, or discontinue features of the Service at any time, provided we give reasonable notice of material changes.

The Service is intended for use by businesses and organisations. You must be at least 18 years of age and have the legal capacity to enter into a binding contract to use the Service. The Service is not directed at consumers acting in a personal capacity.

You must provide accurate, current, and complete information when registering an account. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Ensuring that all users you invite comply with these Terms
• Notifying us immediately of any unauthorised access or security breach at support@ittrackr.com

We are not liable for any loss or damage arising from your failure to maintain the security of your account.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service for any unlawful purpose or in violation of applicable laws or regulations
• Attempt to gain unauthorised access to any part of the Service or its underlying infrastructure
• Introduce viruses, malware, or other harmful code
• Use the Service to transmit spam, unsolicited communications, or harassing content
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or otherwise commercialise the Service without our written consent
• Use the Service in a way that places excessive or unreasonable load on our infrastructure
• Circumvent any security measures or access controls

We reserve the right to suspend or terminate your account immediately if you breach this section.

Free Plan: The free plan is provided at no charge subject to usage limits (currently 25 assets and 3 team members). We reserve the right to modify free plan limits with 30 days' notice.

Paid Plans: Paid subscriptions are billed monthly in advance. Fees are exclusive of VAT, which will be charged where applicable at the prevailing rate.

Payment: Payment is processed by Stripe. By providing payment details, you authorise us to charge the applicable fees to your payment method on a recurring basis.

Price Changes: We will give you at least 30 days' written notice of any price changes. Your continued use of the Service after the new pricing takes effect constitutes your acceptance.

Refunds: Subscription fees are non-refundable except where required by applicable law or as otherwise stated in writing by us. This does not affect any statutory rights you may have.

You may cancel your subscription at any time through the billing settings in your account or by contacting us. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until that date.

Upon cancellation, your data will be retained for 30 days to allow export, after which it will be permanently deleted.

Our IP: The Service, including all software, designs, trademarks, and content, is owned by IT Trackr or its licensors and is protected by UK and international intellectual property laws. These Terms do not grant you any rights to our intellectual property except the limited licence to use the Service as described herein.

Your Data: You retain full ownership of all data you enter into the Service ("Customer Data"). You grant us a limited, non-exclusive licence to store, process, and display your Customer Data solely to provide the Service.

Feedback: If you provide us with feedback or suggestions, you grant us a perpetual, royalty-free licence to use such feedback without obligation or restriction.

Each party shall comply with applicable data protection legislation, including UK GDPR and the Data Protection Act 2018.

Where you use the Service to process personal data of your employees or other individuals, you are the data controller and IT Trackr acts as a data processor. Our processing activities are governed by our Privacy Policy, which forms part of these Terms and constitutes our data processing agreement.

You represent that you have a lawful basis to process any personal data you enter into the Service and that doing so complies with applicable data protection laws.

Each party agrees to keep confidential any non-public information of the other party disclosed in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.

We will use commercially reasonable efforts to make the Service available at least 99% of the time in any given calendar month, excluding scheduled maintenance and circumstances beyond our reasonable control.

We will provide reasonable prior notice of planned maintenance where possible. Support is provided via email and the in-app support ticket system. We aim to respond to support requests within 1 business day.

The Service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or free from viruses or other harmful components.

To the maximum extent permitted by applicable law, in no event shall IT Trackr be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Loss arising from your inability to access or use the Service

Our total aggregate liability to you in connection with these Terms shall not exceed the greater of: (a) the total fees paid by you in the 12 months preceding the claim; or (b) £100.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

You agree to indemnify, defend, and hold harmless IT Trackr and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of or relating to your use of the Service, your Customer Data, or your breach of these Terms.

By you: You may terminate your account at any time. See Section 7 (Cancellation).

By us: We may suspend or terminate your account immediately without notice if you materially breach these Terms, including misuse, non-payment, or conduct that endangers the platform or other users. We may also terminate the Service on 30 days' notice for any reason.

Effect of termination: Upon termination, your right to use the Service ceases immediately. Sections 8, 10, 12, 13, 14, 16, and 17 survive termination.

These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Before initiating legal proceedings, the parties agree to attempt to resolve disputes in good faith through direct negotiation for a period of 30 days.

Entire agreement: These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and IT Trackr regarding the Service and supersede all prior agreements.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure: Neither party shall be liable for delays or failure to perform obligations caused by circumstances beyond their reasonable control, including acts of God, government actions, or internet outages.

We may update these Terms from time to time. Where changes are material, we will notify you by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes your acceptance. If you do not accept the changes, you must stop using the Service and cancel your subscription before the effective date.

For any questions about these Terms:

IT Trackr
Email: legal@ittrackr.com
Contact form: ittrackr.com/contact