Terms of Service

By accessing and using Track Star EAM ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you may not use the Service.

The Service is provided by Track Star EAM, Inc. ("we", "us", or "our"). We reserve the right to modify these Terms at any time. Continued use of the Service following any changes constitutes acceptance of those changes.

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement.

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

• Use the Service in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.
• Use the Service to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material.
• Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party's use of the Service.

You retain all rights to the data you upload, store, or process through the Service ("Your Data"). We do not claim ownership of Your Data and will not use it for any purpose other than to provide and improve the Service.

You grant us a limited, non-exclusive license to use, process, and store Your Data solely for the purpose of providing the Service to you and as otherwise described in our Privacy Policy.

We back up the database nightly and retain those backups for fourteen days, as described in our Privacy Policy. That is a recovery measure for our own infrastructure and not a substitute for your records: the Service provides a full export of Your Data at any time, and we recommend you keep your own copy on whatever schedule your record retention obligations require.

To the fullest extent permitted by applicable law, in no event shall Track Star EAM, Inc., its affiliates, officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of, or inability to access or use, the Service.
• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.

Our total liability for all claims arising out of or related to these Terms or the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. You may export all of Your Data from the Service at any time before termination, and we recommend you do so. For 30 days following termination you may request a complete export of Your Data by writing to us, and we will provide it in a machine-readable format at no charge. After that period Your Data may be permanently deleted, and we will delete or anonymize it within a further 30 days of your written request.

You may terminate your account at any time by contacting us or using the account deletion feature within the Service. All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any disputes arising out of or relating to these Terms or the Service shall be resolved exclusively in the federal or state courts located in Wilmington, Delaware. You consent to the personal jurisdiction of such courts.

If you are a government body, public agency, or other public entity whose governing law requires that its agreements be governed by the law of its own jurisdiction, the two paragraphs above do not apply to you. The law of your jurisdiction governs these Terms, venue lies in the courts of that jurisdiction, and nothing in these Terms requires you to indemnify us or to waive any immunity or defense beyond what that law permits.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.