This document is an electronic record in terms of the Indian Contract Act, 1872, the Information Technology Act, 2000, the rules made thereunder, and the amended provisions pertaining to electronic records in various other statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
These terms of service (the “Terms”) govern your access to and use of the sites and services (“Services”) provided by Trakop saas product of MSS TECH INDIA PRIVATE LIMITED, and its subsidiaries (“MSS TECH INDIA PRIVATE LIMITED” “we” or “our”). Please read them carefully before using the Services.
By using the Services you are agreeing to these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, “you” and “you’re” will refer to that organization.
You may use the Services only in accordance with these Terms. You may use the Services only if you have the legal power and capacity to form a contract with MSS TECH INDIA PRIVATE LIMITED. The Services will continue to evolve as we refine features and functionality.
We may terminate, suspend, or modify the Services, in general, or with respect to you, from time to time without cause or prior notice. We may also delete any content or data from the platform at our discretion. We may also update these Terms at any time and from time to time. Your continued use of the Services following any such update will be taken as confirmation of your acceptance of such updates.
All documents and information on the Trakop website are protected by copyright. Except as specifically permitted herein, no portion of the documents or information on this website may be reproduced in any form or by any means without the express written consent of MSS TECH INDIA PRIVATE LIMITED.
Grant of a license to access and use our services
Subject to these Terms, we grant to you a limited, non-exclusive, non-sublicensable, non-assignable, non-transferable license to use our Services for your internal use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for this license granted to you, we retain all rights, titles, and interests in and to all material that appears on our websites or that is used in our Services, including all related intellectual property rights. Such material is protected by applicable intellectual property laws, including India copyright Act and international treaties.
Except as otherwise explicitly provided in these Terms or as may be expressly permitted by applicable law, you will not, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the software underlying the Services or extract or attempt to extract source code from the object code of the Software. You may not make any commercial use of the Services or the Software, whether or not for consideration, other than for your own internal business purposes. Except as may be expressly permitted by us, you may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Services (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Services or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Services to another person; (iv) use any Services or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features or technological features or measures related to such material of our Services; (vi) use our Services in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Services; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Services or any Service Content.
Release of Information For Legal and Other Reasons
We may release information concerning your use of the website as required by law and when we believe in good faith that such release is appropriate to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on us or the website. We may also provide information as necessary or advisable for regulatory or other compliance requirements or for us to be able to identify our clients for regulatory disclosure purposes or otherwise for investor presentations and general information.
Content and Liability Disclaimer
We shall not be responsible for any errors or omissions contained on any of our platforms and reserve the right to make changes anytime without notice. All our and third-party information provided on the platform and website is provided on an “as is” basis. We can use only the users or company names and other related information on our website and in emails. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO ANY INFORMATION (INCLUDING ANY SOFTWARE, PRODUCTS, OR SERVICES) PROVIDED ON ANY OF OUR WEBSITES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
To the fullest extent permitted by law, in no event shall the company (nor its directors, employees, agents, sponsors, partners, suppliers, content providers, licensors or resellers,)be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the service or any damages whatsoever, and in particular we shall not be liable for direct, special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue or loss of use, cost of replacement goods, loss or damage to data arising out of the use or inability to use any of our websites.
This includes damages arising from the use of or in reliance on the documents or information present on our platform and website (including any information posted or placed by anyone other than us), even if we have been advised of the possibility of such damages. Further, at no point shall the company (or its directors, employees, agents, partners etc.) Be liable for any damages, losses, costs etc. exceeding the subscription charges paid by you to the company in the 3 months preceding the time when such damages etc. Arose.
Restricted Areas of The Services
Certain parts of our Services may be password-restricted to registered users or other authorized persons (“Password-Protected Areas”). If you are authorized to gain access to any Password-Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password, and agree to notify us if the password is lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. You agree that you are entirely responsible for any and all activities that occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify us of any unauthorized use of your account or any other breach of security in relation to your password or our Services that is known to you. If you use any third-party service which hinders the performance of our platform, we are authorized to block your account.
Fees and Payment
The fees for the pricing tiers, will be billed to your credit card and you authorize the card issuer to pay any amounts set forth herein and authorize Trakop (or our billing agent) to charge your credit card account until you or we cancel or terminate your pricing tier; provided that if payment is not received from your credit card issuer, you agree to pay all amounts due upon demand. You must provide current, complete, and accurate billing and credit card information. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay.
You will be responsible for payment of any applicable sales, use, and other taxes and all applicable export and import fees, customs duties, and similar charges (other than taxes based on our income), and any related penalties and interest for the grant of access rights hereunder, or the delivery of related services. You will make all required payments to Trakop, free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments to Trakop will be your sole responsibility, and you will, upon Trakop request, provide Trakop with official receipts issued by appropriate taxing authorities, or such other evidence as Trakop may reasonably request, to establish that such taxes have been paid. Trakop has a ‘no refund’ policy, but any account credit requests will be considered and processed on a case by case basis.
All subscription cancellation requests are subject to a written request from the customer on email email@example.com. Subscription cancellation means the account and underlying data would be deleted permanently. Reinstating account requests for cancelled accounts will result in a fresh account setup and
will attract setup charges again and subscription pricing as per the current price at that date.
Access to our Services
We do not provide you with the equipment to access our Services. You are responsible for all fees charged by third parties related to your access and use of our Services (e.g., charges by Internet service providers). We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Services without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Services. We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Services at any time, for any or no reason, with or without prior notice, and without liability.
Our Services are designed to allow you to assign tasks to field workers, communicate with your field workers and customers (“Users”), and view information pertaining to your field workers’ activity. Trakop does this in part using GPS and other sensors on devices running Trakop applications. Some information is automatically collected from or about your Users and field workers when you use our Services and may include, for example, geographic coordinates, phone numbers, names, and addresses. You agree to comply with all applicable privacy and data protection regulations. Further, you agree to not use our service to send us sensitive information where unauthorized disclosure could cause material, severe, or catastrophic harm or impact to Trakop, any data subjects, or relying parties. Sensitive Information includes:
- Passwords, authentication/authorization credentials
- Information under strict regulatory or contractual handling requirements (e.g., PCI, HIPAA, and state and federal data security laws) including:
- Credit Card Information including credit card numbers, CIV numbers (three-digit codes for Visa and MasterCard, four-digit code for American Express), and magnetic stripe information
- Social Security Numbers
- Drivers License Numbers
- Passport Number
- Government Issued Identification Numbers
- Financial Account Information
- Health data
- Biometric data
- Personally, identifiable information knowingly collected from children under the age of 13 or from online services directed toward children and
- Real-time geolocation data can identify an individual.
- Business secrets deemed highly confidential (e.g., highly confidential business strategies and communications, sensitive attorney-client privileged and confidential communications).
We collect, store, and use your User data on our servers to provide you with the ability to better maintain and improve your Services. Our Services transfer data to servers that store User data in the U.S. and outside the U.S. We only share User information (Name, email, and phone numbers) for third-party integrations such as SMS gateways, Email gateways, and Payment Gateways.
Contained in this site may contain references to our products listed on the Site. Consult your local representative or email us for information regarding the products and services that are available to you. Our obligations with respect to its products and services are governed solely by the license and/or service agreements under which they are provided. If you obtain a product or service from us from this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.
The trademarks, logos, and service marks (collectively “Trademarks”) appearing on the Trakop website are the property of MSS TECH INDIA PRIVATE LIMITED. Nothing contained on the Trakop website should be construed as granting any license or right to use any Trademark without the prior written permission of the party that owns the Trademark.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India and courts in Chandigarh, India only shall have jurisdiction over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.