Terms of Service

Last Updated: March 7, 2026

Welcome to TrackTour! These Terms of Service ("Terms") govern your access to and use of the TrackTour platform, including our website (tracktour.app), mobile applications, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By creating an account, accessing the Service, or using any of our features, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy.

These Terms constitute a legally binding agreement between you and TrackTour ("we," "us," or "our").

2. Eligibility

You must meet the following requirements to use the Service:

• You must be at least 13 years old (or 16 in the EU)
• If you are between 13-18 years old, you must have parental or guardian consent
• You must provide accurate and complete registration information
• You must not have been previously banned from the Service
• You must comply with all applicable laws in your jurisdiction

3. Account Registration and Security

3.1 Account Creation

To access certain features, you must create an account by providing:

• A valid email address
• A secure password
• Your name or display name
• Account type (event organizer or participant)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches

3.3 Account Accuracy

You agree to provide accurate, current, and complete information and to update this information as necessary to maintain its accuracy.

4. User Roles and Responsibilities

4.1 Event Organizers

If you create events on TrackTour, you agree to:

• Provide accurate event information
• Obtain necessary permissions and licenses for your events
• Comply with all applicable laws and regulations
• Manage participant approvals responsibly
• Respect participant privacy and data rights
• Ensure event descriptions are truthful and not misleading
• Handle charity fundraising links responsibly and legally

4.2 Participants

If you participate in events, you agree to:

• Provide accurate registration information
• Use the Service responsibly and legally
• Understand that your location data will be shared publicly during active tracking
• Comply with event organizer rules and guidelines
• Stop tracking when you are not actively participating in an event

5. Location Tracking

• Voluntary participation: Location tracking is entirely voluntary. You choose when to start and stop tracking.
• Public sharing: Your location data will be publicly visible to anyone viewing the event while you are actively tracking.
• Real-time data: Your location, speed, and movement data are displayed in real-time on public event maps.
• Data retention: Tracking data is retained for historical purposes and event analytics (see our Privacy Policy for details).
• Device permissions: You must grant location permissions on your device. You can revoke these permissions at any time.
• Battery usage: Background location tracking can impact battery life. Plan accordingly for events.
• Accuracy: GPS accuracy depends on your device, location, and environmental factors.

6. Acceptable Use Policy

6.1 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal purpose or in violation of any local, national, or international laws
• Harass, abuse, threaten, or intimidate other users
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers/networks connected to the Service
• Attempt to gain unauthorized access to the Service, user accounts, or computer systems
• Use any automated system (bots, scrapers, etc.) to access the Service without permission
• Transmit viruses, malware, or other harmful code
• Collect or store personal information about other users without permission
• Use the Service to spam, phish, or distribute unsolicited communications
• Create false or misleading events
• Manipulate or falsify location data
• Use the Service for stalking or unwanted surveillance

6.2 Content Standards

All content you upload or submit (event descriptions, participant names, messages, etc.) must:

• Be accurate and not misleading
• Not infringe on intellectual property rights
• Not contain hate speech, harassment, or discriminatory content
• Not contain sexually explicit or violent content
• Not promote illegal activities
• Be appropriate for all ages (we may be used for family events)

7. Intellectual Property

7.1 Our Rights

The Service and all content, features, and functionality (including but not limited to design, text, graphics, logos, and software) are owned by TrackTour and are protected by copyright, trademark, and other intellectual property laws.

7.2 Your Rights

You retain all rights to content you create or upload. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content solely for the purpose of providing and improving the Service.

7.3 Trademarks

TrackTour, our logo, and any other product or service names are trademarks of TrackTour. You may not use these marks without our prior written permission.

8. Payment Terms

8.1 Pricing

We offer both free and paid features. Current pricing is available on our website and may change with reasonable notice.

8.2 Billing

• Payments are processed through Stripe, our third-party payment processor
• You agree to pay all fees associated with your account
• All fees are non-refundable except as required by law or stated in our refund policy

8.3 Subscriptions

If you subscribe to a paid plan:

• Your subscription will automatically renew unless canceled
• You can cancel at any time, effective at the end of the current billing period
• Price changes will be communicated in advance

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of location data
• Warranties that the Service will meet your requirements

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACKTOUR SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages resulting from unauthorized access to your account
• Damages arising from GPS inaccuracies or tracking failures
• Personal injury or property damage arising from use of the Service
• Actions taken by event organizers or other users

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless TrackTour and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Events you organize or participate in
• Content you upload or submit

12. Third-Party Services

Our Service may integrate with or link to third-party services:

• Payment processing: Stripe (subject to Stripe's terms)
• Maps: OpenStreetMap or similar mapping services
• Donation links: Various charity platforms

We are not responsible for these third-party services. Your use of them is subject to their own terms and policies.

13. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.

By using the Service, you consent to:

• The collection and use of information as described in our Privacy Policy
• The public display of your tracking data during events
• International data transfers as necessary to provide the Service

14. Account Termination

14.1 By You

You may terminate your account at any time by contacting us at tracktour-support@orbitals.net or using the account deletion feature (when available).

14.2 By Us

We may suspend or terminate your account immediately, without notice, if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your account poses a security risk
• We are required to do so by law
• We discontinue the Service

14.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data (subject to our retention policies)
• Provisions that should survive termination will remain in effect

15. Modifications to the Service

We reserve the right to:

• Modify, suspend, or discontinue any part of the Service at any time
• Change features, functionality, or pricing with reasonable notice
• Impose limits on certain features or restrict access

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by:

• Posting the updated Terms on our website with a new "Last Updated" date
• Sending an email notification to your registered email address
• Displaying a prominent notice on the Service

Your continued use of the Service after changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service.

17. Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

17.2 Informal Resolution

If you have a concern or dispute, please contact us first at tracktour-support@orbitals.net. We will attempt to resolve the issue informally.

17.3 Arbitration

If we cannot resolve the dispute informally, disputes will be resolved through binding arbitration in accordance with [Arbitration Rules], except where prohibited by law.

17.4 Class Action Waiver

You agree that disputes will be resolved on an individual basis and not as part of a class action or representative action.

18. General Provisions

18.1 Severability

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

18.2 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

18.3 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

18.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TrackTour regarding the Service.

18.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

19. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

20. Notice to EU Residents

If you are located in the European Economic Area, you have certain rights under the GDPR, including the right to lodge a complaint with your local data protection authority. See our Privacy Policy for details.

By using TrackTour, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

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