Tracklark Terms of Service
By using the service you agree to these terms.
Introduction and acceptance of terms
These Terms and Conditions govern access to and use of the Tracklark software-as-a-service platform and related services. By accessing or using the service, you agree to be bound by these terms. If you are using the service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity. If you do not agree to these terms, you must not use the service.
The service
Tracklark provides a cloud-based platform for shipment tracking, delivery status presentation, and related functionality. The service may evolve over time, and features, integrations, or functionality may be added, modified, or removed at Tracklark’s discretion. The service is provided on an “as is” and “as available” basis, and its operation is subject to technical limitations, maintenance, and factors outside Tracklark’s reasonable control. No service levels or uptime commitments are provided unless expressly agreed in writing.
Use of the service and user responsibility
You may use the service solely for lawful business purposes and in accordance with these terms. You are responsible for all activity conducted through your account and for ensuring that your use of the service, including any information, messaging, or tracking views made available to your customers or other third parties, complies with applicable laws, regulations, and contractual obligations. Tracklark is not a party to, and assumes no responsibility for, any transaction, communication, or relationship between you and your customers or end recipients.
Third-party services and carrier data
The service relies on data, systems, and interfaces provided by third-party carriers and other external service providers. Such third-party services and data sources are outside Tracklark’s control. Tracking data, shipment events, and carrier information remain the property of the respective carriers or third parties and are provided subject to their own terms and conditions. Tracklark does not verify, endorse, or guarantee the accuracy, completeness, or availability of such data.
Fees, billing, and payment
Fees, if applicable, are charged in accordance with the pricing and billing terms presented at the time of subscription or purchase. Unless otherwise required by mandatory law, fees are non-refundable. Tracklark may update pricing, billing models, or usage limits from time to time, with any changes applying prospectively at the start of a new billing period.
Availability, maintenance, and support
Tracklark may perform maintenance, updates, upgrades, or modifications to the service from time to time, which may result in temporary unavailability or reduced functionality. While Tracklark endeavors to operate the service in a commercially reasonable manner, uninterrupted or error-free operation is not guaranteed. Any support provided is offered on a commercially reasonable basis and does not constitute a service level commitment.
Intellectual property rights
Tracklark and its licensors retain all right, title, and interest in and to the service, including all software, documentation, designs, and related intellectual property rights. Subject to these terms, you are granted a limited, non-exclusive, non-transferable, and revocable right to access and use the service during the term of your subscription.
Confidentiality and data protection
Each party agrees to use commercially reasonable efforts to protect the confidentiality of non-public information disclosed in connection with the service. The processing of personal data by Tracklark, if any, is governed by Tracklark’s separate data privacy policy and any applicable data processing agreements. You acknowledge that you are responsible for ensuring a lawful basis for any personal data you provide to the service.
Warranties and disclaimers
Except as expressly stated in these terms, the service is provided without warranties of any kind, whether express, implied, or statutory. Without limiting the foregoing, Tracklark does not warrant that the service will be uninterrupted, secure, timely, accurate, or free from errors, or that any data, tracking events, estimates, or results obtained through the service will meet your requirements or those of your customers.
Limitation of liability
To the extent permitted by applicable law, Tracklark will not be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, revenue, business, data, goodwill, or customer claims, arising out of or related to the service, even if advised of the possibility of such damages. Tracklark’s total aggregate liability for any claim related to the service will be limited to the amounts paid by you for the service during the six months preceding the event giving rise to the claim, or EUR €50, whichever is greater, except where such limitation is not permitted by mandatory law.
Indemnification
You agree to indemnify, defend, and hold harmless Tracklark and its affiliates, officers, directors, employees, and contractors from and against any claims, damages, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to your use of the service, your communications with customers or end recipients, your data or content, your breach of third-party terms (including carrier terms), or your violation of applicable law or these terms.
Force majeure
Tracklark will not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, failures of carriers or third-party service providers, network outages, or interruptions of cloud infrastructure.
Term, termination, and suspension
These terms remain in effect for the duration of your subscription. You may terminate your subscription effective at the end of the current billing cycle by providing notice at least one (1) day before the end of that billing cycle. Tracklark may suspend or terminate access to the service at any time for legal, security, or operational reasons. Termination or suspension will not give rise to any liability on the part of Tracklark. Provisions which by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.
Changes to these terms
Tracklark may update or modify these terms from time to time at its discretion. Updated terms will become effective when posted or otherwise made available through the service. Continued use of the service after the effective date of any changes constitutes acceptance of the revised terms.
Governing law and general provisions
These terms are governed by the laws of Sweden, without regard to conflict-of-law principles. Any dispute arising out of or relating to these terms or the service will be subject to the exclusive jurisdiction of the courts of Gothenburg, Sweden. If any provision of these terms is held unenforceable, the remaining provisions will remain in full force and effect. These terms constitute the entire agreement between the parties regarding the service and supersede all prior or contemporaneous agreements or understandings.