Terms of Service

Last Updated: January 11, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or an entity) and ManeTrak ("we," "us," or "our") regarding your use of the ManeTrak maintenance management platform, including our website, applications, and services (collectively, the "Service").

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

If you do not agree to these Terms, you must not access or use the Service.

2. Eligibility

To use ManeTrak, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws
• Provide accurate and complete registration information

By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Account Registration and Security

3.1 Account Creation

To access certain features of ManeTrak, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use or security breach

3.2 Account Authentication

We use Google Firebase for secure user authentication. You are responsible for maintaining the confidentiality of your login credentials and for restricting access to your devices.

3.3 Company Accounts

If you create an account on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

4. Subscription Plans and Pricing

4.1 Subscription Tiers

ManeTrak offers multiple subscription tiers:

• Basic Plan: Up to 15 equipment/assets with core features
• Pro Plan: Up to 50 equipment/assets with advanced features
• Enterprise Plan: Custom pricing with unlimited equipment/assets

All plans include unlimited users. Additional equipment slots beyond your plan limit may be purchased as add-ons.

4.2 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on your chosen plan. Payment processing is handled securely by Stripe. By providing payment information, you:

• Authorize us to charge your payment method for all applicable fees
• Agree to pay all charges at the prices in effect when incurred
• Authorize us to charge any updated payment methods provided by you or your financial institution
• Accept responsibility for keeping your payment information current

4.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing cycle unless you cancel before the renewal date. You can cancel your subscription at any time from your account settings.

4.4 Price Changes

We reserve the right to modify our pricing. We will provide at least 30 days' advance notice of any price changes. If you do not agree to the new pricing, you may cancel your subscription before the changes take effect.

4.5 Free Trial

We offer a 7-day free trial for new users. A valid credit card is required to start your free trial. At the end of the trial period, you will be automatically charged for your chosen subscription plan unless you cancel before the trial ends. You will not be charged during the trial period.

5. Refunds and Cancellations

5.1 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• You will retain access to the Service until the end of your current billing period
• No refund will be provided for any remaining time in your billing period
• Your data will be retained for 30 days after cancellation, after which it may be permanently deleted

5.2 Refund Policy

We offer refunds under the following circumstances:

• 7-Day Money-Back Guarantee: If you are not satisfied within the first 7 days of your paid subscription (not including trial period), contact us for a full refund
• Service Outage: If we experience extended service outages, we may provide prorated credits at our discretion
• Billing Errors: If we incorrectly charge your account, we will promptly refund the erroneous amount

To request a refund, contact us at contact@manetrak.com with your account details and reason for the refund request.

5.3 Our Right to Suspend or Terminate

We reserve the right to suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent or illegal activities
• Fail to pay applicable fees
• Use the Service in a manner that harms ManeTrak or other users

6. Acceptable Use Policy

You agree not to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Upload or transmit viruses, malware, or other malicious code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service or servers
• Scrape, crawl, or use automated means to access the Service without permission
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any copyright, trademark, or proprietary notices
• Use the Service to compete with ManeTrak or develop a competing product
• Share your account credentials with others or allow multiple users to access a single account
• Resell, lease, or provide access to the Service to third parties

7. User Content and Data

7.1 Your Content

You retain all ownership rights to the content and data you upload to ManeTrak, including equipment information, maintenance records, photos, documents, and other materials ("User Content").

7.2 License to ManeTrak

By uploading User Content, you grant ManeTrak a limited, non-exclusive, worldwide, royalty-free license to:

• Store, process, and transmit your User Content
• Display your User Content to you and authorized users within your organization
• Create backup copies for disaster recovery purposes
• Use anonymized, aggregated data for analytics and service improvement

This license terminates when you delete your User Content or close your account, except for anonymized aggregate data.

7.3 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to upload and use your User Content
• Your User Content does not violate any laws or third-party rights
• Your User Content does not contain confidential information you are not authorized to share

7.4 Data Backup

While we implement regular backup procedures, you are responsible for maintaining your own backup copies of critical data. We recommend exporting your data regularly using our export features.

8. Intellectual Property Rights

8.1 ManeTrak's Intellectual Property

The Service, including all software, design, text, graphics, logos, and other content (excluding User Content), is owned by ManeTrak and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms.

8.2 Trademarks

ManeTrak, the ManeTrak logo, and other ManeTrak trademarks and service marks are the property of ManeTrak. You may not use these marks without our prior written permission.

8.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you grant us the right to use such feedback without any obligation or compensation to you.

9. Service Availability and Support

9.1 Service Availability

We strive to maintain the Service's availability 24/7, but we do not guarantee uninterrupted access. The Service may be unavailable due to:

• Scheduled maintenance
• Emergency maintenance
• Third-party service outages (AWS, MongoDB, Vercel, Firebase, etc.)
• Force majeure events

We will make reasonable efforts to notify you of scheduled maintenance in advance.

9.2 Customer Support

We provide customer support via email at contact@manetrak.com. Support availability and response times may vary based on your subscription tier:

• Basic Plan: Standard support during business hours
• Pro Plan: Priority support with faster response times
• Enterprise Plan: Dedicated account manager and custom SLA

10. Third-Party Services

ManeTrak integrates with and relies on third-party services, including:

• Google Firebase (authentication)
• MongoDB Atlas (database)
• AWS S3 (file storage)
• Vercel (hosting)
• Stripe (payment processing)
• Resend (email delivery)

These third-party services are subject to their own terms and conditions. We are not responsible for the availability, functionality, or actions of these third-party services.

11. Warranties and Disclaimers

11.1 Service "As Is"

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, NON-INFRINGEMENT, OR ACCURACY.

11.2 No Guarantee

WE DO NOT WARRANT THAT:

• The Service will be uninterrupted, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors or defects will be corrected
• The Service will meet your specific requirements

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL MANETRAK, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, revenue, data, or use
• Business interruption
• Loss of goodwill
• Cost of substitute services

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless ManeTrak and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your violation of any applicable laws or regulations

14. Data Security and Breaches

We implement industry-standard security measures to protect your data. However, no system is completely secure. In the event of a data breach that affects your account, we will:

• Notify you promptly in accordance with applicable laws
• Investigate the breach and take steps to prevent future incidents
• Cooperate with law enforcement if necessary

You acknowledge that you use the Service at your own risk and that we cannot guarantee absolute security of your data.

15. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

We may also impose limits on certain features or restrict access to parts of the Service without notice or liability.

16. Modifications to 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 this page
• Updating the "Last Updated" date
• Sending you an email notification
• Displaying an in-app notification

Your continued use of the Service after any changes indicates your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel your account.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

17.2 Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Service, you agree to first contact us at contact@manetrak.com to attempt to resolve the dispute informally.

17.3 Arbitration

If we cannot resolve the dispute informally within 60 days, both parties agree to resolve any claims through binding arbitration in accordance with the rules of the American Arbitration Association.

17.4 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR PROCEEDING SHALL BE LIMITED TO THE DISPUTE BETWEEN YOU AND MANETRAK INDIVIDUALLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17.5 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

18. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.

19. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

20. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of ManeTrak.

21. Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without our prior written consent. We may assign these Terms at any time without notice to you.

22. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements we publish on the Service, constitute the entire agreement between you and ManeTrak regarding the Service and supersede all prior agreements and understandings.

23. Contact Information

24. Survival

The following sections shall survive termination of these Terms: User Content and Data (ownership), Intellectual Property Rights, Warranties and Disclaimers, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and any other provisions that by their nature should survive termination.