Welcome to Trackon Software. These Terms and Conditions ("Terms") govern your use of our website and services. By accessing or using our services, you agree to be bound by these Terms.
1. Acceptance of Terms
By accessing and using Trackon Software's website and services, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use our services.
2. Description of Services
Trackon Software provides commodity trading and risk management (CTRM) software solutions, including:
- Trackon Legacy: Enterprise-grade CTRM with full ERP integration
- TrackonAI: AI-powered lightweight CTRM solution
- TradingDocs.AI: Document management and automation platform
We reserve the right to modify, suspend, or discontinue any aspect of our services at any time.
3. SaaS Subscriptions
3.1 Subscription Terms
Users will subscribe to the Service and pay subscription fees as per the chosen plan. Fees are non-refundable except as required by law.
3.2 Account Creation
To access certain features of the Service, you must create an account. You agree to provide accurate, complete, and updated information.
3.3 User Responsibilities
You are responsible for:
- Maintaining the confidentiality of your account information and password
- All activities that occur under your account
- Notifying us immediately of any unauthorized use of your account
- Ensuring your use of the Service complies with all applicable laws and regulations
4. User Accounts
4.1 Account Registration
To access certain features, you may need to create an account. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security of your password
- Accept responsibility for all activities under your account
- Notify us immediately of any unauthorized use
4.2 Account Termination
We reserve the right to terminate or suspend your account at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.
5. Acceptable Use
You agree not to:
- Use our services for any illegal purpose or in violation of any laws
- Violate or infringe upon the rights of others
- Transmit any harmful code, viruses, or malicious software
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the integrity or performance of our services
- Use automated means to access our services without permission
- Reverse engineer, decompile, or disassemble our software
- Remove any copyright, trademark, or proprietary notices
6. Intellectual Property Rights
6.1 Our Intellectual Property
All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and documentation, are owned by Trackon Software and are protected by international copyright, trademark, and other intellectual property laws.
6.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your business purposes.
6.3 User Content
You retain ownership of any content you submit to our services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, and display such content as necessary to provide our services.
7. Payment Terms
7.1 Fees and Payment
Certain services require payment of fees. You agree to pay all applicable fees as described on our website or in your service agreement.
7.2 Billing
- Fees are billed in advance on a subscription basis
- All fees are non-refundable unless otherwise stated or required by law
- We reserve the right to change our fees with 30 days' notice
- Failure to pay may result in service suspension or termination
8. Data and Privacy
Your use of our services is also governed by our Privacy Policy. We collect, use, and protect your data as described in our Privacy Policy. You are responsible for maintaining the confidentiality of your data and ensuring compliance with applicable data protection laws.
9. Service Level and Support
9.1 Availability
While we strive to provide continuous service availability, we do not guarantee uninterrupted access to our services. We may perform maintenance, updates, or modifications that temporarily limit access.
9.2 Support
Support services are provided as described in your service agreement. We will make reasonable efforts to resolve technical issues but cannot guarantee resolution of all problems.
10. Disclaimers and Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
We disclaim all warranties, express or implied, including but not limited to:
- Warranties of merchantability and fitness for a particular purpose
- Non-infringement of intellectual property rights
- Accuracy, reliability, or completeness of content
- Uninterrupted or error-free operation
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- Our total liability shall not exceed the fees you paid to us in the 12 months preceding the claim
- We are not liable for any loss of profits, revenue, data, or business opportunities
- These limitations apply even if we have been advised of the possibility of such damages
12. Indemnification
You agree to indemnify and hold harmless Trackon Software, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:
- Your use of our services
- Your violation of these Terms
- Your violation of any rights of another party
- Your content or data submitted to our services
13. Third-Party Services
Our services may integrate with or link to third-party services. We are not responsible for the content, privacy practices, or terms of use of any third-party services. Your use of third-party services is at your own risk.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after such changes constitutes acceptance of the modified Terms.
15. Termination
15.1 By You
You may terminate your account at any time by contacting us or through your account settings.
15.2 By Us
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
15.3 Effect of Termination
Upon termination:
- Your right to use our services will immediately cease
- We may delete your account and data after a reasonable period
- Provisions that should survive termination will remain in effect
- All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability
16. Governing Law and Dispute Resolution
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates, without regard to conflict of law principles.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
16.2 Dispute Resolution
Any disputes arising from these Terms or our services shall be resolved through:
- Good faith negotiations between the parties
- If negotiations fail, binding arbitration in Dubai, UAE
- Arbitration shall be conducted in English
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Trackon Software and supersede and replace any prior agreements we might have had between us regarding the Service.
17.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
17.3 Waiver
No waiver of any term shall be deemed a continuing waiver or waiver of any other term.
17.4 Assignment
You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
17.5 Force Majeure
We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.
18. Contact Information
If you have any questions about these Terms, please contact us:
- Company: Trackon Software
- Email: info@trackonsoftware.com
- Phone: +971 58 632 4166
- Address: AstroLabs, Cluster R, Unit Code RET-R6-131, JLT, Dubai, UAE
By using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.