Terms of Use

Please read these terms carefully. This is a binding agreement between Track and Trace Technology LLC, DBA TrackFlo (referred to as “Company,” “we,” “us” or “our”) and any person who accesses or establishes a connection to the Services (“you” or “User”). By using or otherwise accessing the Services, or indicating your assent hereto by clicking “I agree” or similarly expressing acceptance where other options exist, you will be deemed to have accepted the terms of this agreement. The Company retains any rights not specifically granted to you in this agreement.

1. PLATFORM ACCESS

A Subject to your compliance with all the terms of this agreement, you may access the Company’s proprietary supply chain digitization and visibility automation platform called “TrackFlo” (the “Platform”) and other software, resources or services available through the Platform (all of the foregoing, the “Services”). To use some or all the Services on the Platform, you may be asked to provide basic user information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. If the Company believes the information you provide is inaccurate, the Company may terminate or suspend your access to the Services. The Company may, in our sole discretion, make any changes to the Platform that it deems advisable. Passwords used to access the Platform are for individual use only. You are responsible for the security of your own password and for all activities that occur through your account if accessed with your password, including liability for damages resulting from misuse. If you use a password that the Company considers insecure, the Company may require you to change the password or terminate your account. The Platform is integrated with third-party plug-ins to enhance your experience with the Services. You may choose to configure these plug-ins to initiate communications, such as with drivers and email carriers. These plug-ins are provided for your convenience, and are to be accessed and utilized at your own risk. The Company has no control over these plug-ins, and is not liable for any errors, failures, or any other matter relating to such plug-ins. You understand and agree that it is your responsibility to comply with the rules and regulations relating the plug-ins.

2. RESTRICTIONS ON USE

You may access the Services only for internal business purposes. You may not use the Services for any other purpose. You shall not allow persons other than your employees, contractors, and customers to access or use the Platform. You shall ensure that (a) your employees, contractors, and customers comply with this agreement, and our instructions regarding the Platform’s access and use, and (b) no person accessing the Platform through your access credentials engages in any misconduct, including:

● use the Services in any harmful or illegal manner or interfere with any party's use or of the Services

● attempt to probe, scan or test the vulnerability of the Services, to breach security or authentication measures or otherwise attempt to violate the security of the Services, or use the Services to violate the security of other persons or platforms;

● reverse engineer or otherwise attempt to access the source code or any component of the Platform, in whole or in part;

● modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for internal business use or as specifically permitted in this agreement;

● access data not owned by or intended for you or log into an account that you are not authorized to access;

● submit a virus or introducing any executable code into the Platform; or

● access the Platform for purposes of developing a competing software service or for any other purpose that is to the Company’s detriment or commercial disadvantage. The Company may monitor use of the Platform to determine compliance with this agreement. The Company will take all reasonably necessary steps to investigate suspected violations of this agreement. The Company reserves the right to involve and fully cooperate with any law enforcement authorities and comply with court orders requesting or directing the Company to disclose the identity of anyone engaging in conduct that is believed to violate the law. The Company further reserves the right, in its discretion, to release your details to system administrators at other sites to assist them in resolving security incidents. You release the Company from and against any action taken by the Company during or resulting from its investigations and from any actions taken due to investigations by either the Company or law enforcement authorities. You agree that the Company may, without prior notice for any reason or no reason, immediately terminate your account and access to the Services. You agree that all terminations for cause shall be made in the Company's discretion and that the Company shall not be liable to you or any third-party for any termination of your account. In the event of termination, the Company will provide you with reasonable means to export your data from the Services.

3. MONTHLY SUBSCRIPTION; FEES

Access to the Services requires enrollment in a subscription that automatically renews monthly, and payment of a monthly subscription fee (the “Fees”). The first month’s Fee is due at the time of subscription registration, and thereafter you authorize the Company to automatically charge the Fee to your credit card monthly. You acknowledge that you will pay the Fees where enrollment has been made using your credit card, whether by you personally or by someone else in your organization on your behalf. You must keep the credit card information associated with your account current, and notify the Company if the information needs to be updated. By paying the Fees with a credit card, you certify to the Company that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are certifiably at least 13 years of age and expressly authorized by the cardholder to enroll in the Services. You further acknowledge that your obligation to pay the Fees does not depend on use of the Services, and that you remain obligated to pay the Company for the Services regardless of whether the Services are used.

4. AUTOMATIC RENEWAL

Subscription renewal will be charged at the Fee then in effect, which may be higher than the Fee in effect during the previous term. You must cancel subscription prior to its monthly renewal date to avoid incurring further charges. Your credit card will be automatically charged unless you have notified the Company in accordance with section 5 that you wish to cancel the subscription.

5. CANCELLATION

You may cancel your subscription at any time – your access to the Platform and Services will terminate on the last day before the next renewal date. However, the Company does not prorate any charges upon cancellation and does not refund any Fee already charged. You may cancel your subscription by completing and submitting a cancellation form at by emailing taylor@trackflo.tech - communications other than the foregoing (such as notifying your credit card company or bank that you no longer wish to subscribe to the Services) will not serve as valid means of cancellation.

6. INTELLECTUAL PROPERTY

The Company owns all right, title and interest in and to the Platform and the Services, including underlying algorithms, intellectual property rights therein, and all improvements thereto. No licenses with respect to the Platform or its underlying software code are granted by this agreement. The material accessible from the Platform, including text, data, images, interfaces, the “look and feel” of the Platform, and other materials or works of authorship (the “Content”) are owned or licensed by the Company. You may not copy, distribute, republish, upload, post, transmit, or create derivative works of Content in any way without the prior written consent of the Company, except that you may print out limited portions of the Content solely for your personal use. You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. The Company has the right to modify, manage or eliminate any Content at any time. The Company's name, logos, and other product and service identifiers are the Company's trademarks. All other trademarks appearing on the Platform are the property of their respective owners. No rights are granted to you in these trademarks.

7. DATA

You represent that own or have the right to use non-public information, data, and other content, in any form or medium, that you upload or input into the Platform or that you (or someone on your behalf) otherwise provide(s) us while performing the Services (collectively, “Your Data”). You grant to the Company, during the Term, the right to use Your Data for us to perform the Services and as otherwise permitted herein. You are responsible for the accuracy and completeness of Your Data. Further, you are responsible for ensuring that your use of the Services complies with all applicable law and regulations. The Company owns all Service Data. “Service Data” means information and data that the Company derives or aggregates from (a) its performance of the Services and operation of the Platform, and (b) your use of the Platform and Your Data, in each case as long as this information and data is sufficiently extracted, modified, anonymized, or transformed so that the inspection, analysis or further processing of the information or data does not reveal personally identifiable information or result in you being identified as the source of the personally identifiable information.

8. IMPORTANT DISCLAIMERS

Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. The Company disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade. The Company does not complete background checks on Users or make and representations about the location, safety, or quality of the Users or Services. The Company has no responsibility for your interactions with other Users of the Services. Your interactions with such persons are at your own risk. By way of illustration, and without limiting the generality of the disclaimer in the paragraph above, the Company disclaims any warranty that:

● The Services will be uninterrupted or error-free, or that defects will be corrected;

● The Platform and the server that makes the Services available are free of viruses or other harmful components; or

● The Content is accurate, complete, or free of typographical errors.

9. LIMITATION OF LIABILITY

The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors shall not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if the Company has been advised of the possibility of such damages. If you are a California resident, you waive California Civil Code Section 1542, which states, in part: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” In no event will the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed $100.

10. INDEMNIFICATION

To the maximum extent permitted by law, you shall indemnify the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from and against all third-party claims, liabilities and expenses, including legal fees and costs, relating to your use of the Services or your breach of any representation or obligation contained in this agreement. The Company reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

11. AMENDMENT

This agreement constitutes the entire agreement between the parties relating to the subject matter contained herein. The Company may modify this agreement at any time by posting the revised terms on the Platform and providing you with the opportunity to accept or reject the modifications during your next sign-on to the Services. If you do not agree to the modifications, you may be required to cease your access to the Services. Continued use or access of the Service after modification will constitute your acceptance of this agreement as modified.

12. DISPUTE RESOLUTION; JURY WAIVER

All disputes relating to the interpretation of this agreement or the rights of the parties hereunder will be exclusively settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. Disputes involving $75,000 or less shall use the AAA's Expedited Rules. The parties shall mutually agree upon a single commercial arbitrator, and in the absence of agreement, the AAA shall select the arbitrator. The place of arbitration shall be Chicago, Illinois. The parties will share equally in the costs of arbitration payable to the AAA, including the arbitrator. The award of the arbitrator will be accompanied by a reasoned opinion. Judgment on an arbitration award may be entered in accordance with the Federal Arbitration Act in any federal court having jurisdiction. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding. The parties to this agreement may, notwithstanding the above, seek equitable relief in any proper court to enjoin a breach or threatened breach of any obligations under this agreement that might cause irreparable harm (without any requirement to post bond).

13. CONTROLLING LAW

This agreement shall be governed and interpreted pursuant to the laws of the State of Illinois, United States of America, without regard to its choice of law rules. If any part of this agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notices or other communications permitted or required hereunder will be in writing and given by the Company via e-mail, to the address that you provided when registering for the Services, and will be effective upon transmission.

14. PRIVACY

The Company's Privacy Policy, located at https://www.trackflo.tech/, describes the Company's collection and use of your personal and other information.

15. PUBLICITY

● We may publicly identify you as one of our customers, including by displaying your name and logo, subject to compliance with design specifications provided by you.

16. CONTACT AND FEEDBACK

We welcome and encourage feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at support@trackflo.tech or through the “Help” section of the Platform. You agree that all Feedback will become the sole and exclusive property of the Company and you hereby irrevocably assign to the Company all of your right in and to all Feedback, without any right to compensation. If you are a resident of California, you may request additional information or submit claims or complaints regarding the Services by calling the Complaint Assistance Unit of the Division of Consumer Services of California Department of Consumer Affairs at (800) 952-5210, or in writing at: Complaint Assistance Unit Division of Consumer Services California Department of Consumer Affairs 1625 N. Market Blvd., Suite N 112 Sacramento, California 95834.

Last updated: August 14, 2025