Terms of service

1. Who we are and how to contact us

These terms are issued by TRAKCORP LTD, registered in England and Wales under company number 17005499, registered office 12 Heritage Mews, Mill Road, Great Yarmouth, NR31 0HW. "We", "us" and "our" mean that company; "you" means the person or organisation using the website, the platform or an application.

Email is the only contact route we operate: hello@trakcorp.uk. We aim to reply within three working days. Where these terms require notice in writing, email to that address counts, and email to the address you have given us counts as notice to you.

2. Acceptance of these terms

By visiting trakcorp.uk, creating an account, installing an application or using the platform you accept these terms and agree to be bound by them. If you do not accept them, do not use the service. If you are accepting on behalf of an organisation, you confirm you have authority to bind it, and "you" then means that organisation.

These terms should be read with our privacy notice and our cookies page. Where an operator has signed a separate written agreement with us, including data processing terms under Article 28 of the UK GDPR, that agreement prevails over these terms to the extent of any conflict.

These terms are available only in English, and any contract formed under them is concluded in English.

3. What the service is, and its current stage

TRAKCORP is building an asset and fleet tracking platform. It ingests position reports from telematics units and asset tags, shows tracked vehicles, trailers, plant and tools on one map, retains journey history, runs geofences with arrival and departure events, reports utilisation, and exposes those records over a documented API.

Where we describe a feature as planned or as a target, that is what we are building, not a promise that it exists today or a contractual specification. Nothing else on the website forms part of these terms.

4. Eligibility and accounts

The platform is supplied for business use. You must be at least 18 and able to form a binding contract. We do not knowingly provide accounts to consumers, although section 11 sets out the position if you are one.

You are responsible for the accuracy of the information you give us when you register, for keeping your credentials confidential, for every action taken through your account, and for telling us promptly at hello@trakcorp.uk if you believe an account has been compromised. Where you hold an operator account, you are responsible for the users you invite to it and for the permissions you grant them.

You must not share a named login between people, register using another person's identity, or create accounts by automated process.

5. Licence to use the platform

Subject to these terms and to payment of any fees due, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the platform, the API and any application we publish, for your own internal business purposes, for as long as your subscription or pilot participation continues.

For an application published on the App Store or Google Play, the licence covers installation on devices you own or control, subject to that store's usage rules, which apply in addition to these terms.

The licence does not permit you to resell, rent, lease, sublicense, or make the platform available to any third party as a service; to copy, modify, translate or create derivative works of it; to reverse engineer, decompile or disassemble any part of it, except to the extent that restriction is prohibited by law, including the exceptions in sections 50B and 50BA of the Copyright, Designs and Patents Act 1988; to remove or obscure any proprietary notice; or to use it to build a competing product.

6. Acceptable use

You must use the service lawfully. Specifically, you must not:

• track a person or vehicle without a lawful basis, or in a way that breaches the UK GDPR, the Data Protection Act 2018 or the Protection from Harassment Act 1997;
• fit a tracking device to a vehicle or asset you neither own nor control without the informed agreement of the person who does;
• monitor an employee or contractor without having told them, and without having considered whether a data protection impact assessment is required under Article 35 of the UK GDPR;
• attempt to gain unauthorised access to the platform, another account, or any system or network connected to it;
• probe or test the platform's vulnerability except under a written arrangement with us, or circumvent authentication, rate limits or access controls;
• upload or transmit malware, or anything designed to disrupt, damage or degrade the service;
• use the API in a way that places an unreasonable load on the platform, or exceed a published rate limit;
• scrape, harvest or bulk extract data other than through the API and within your own account;
• store or transmit unlawful, defamatory or infringing material, or special category data as defined by Article 9 of the UK GDPR;
• misrepresent your identity or your affiliation with any person or organisation.

We may investigate a suspected breach and suspend access under section 16 while we do. Tell us at hello@trakcorp.uk if anyone using your account breaches this section.

7. Your data, and our data protection role

You keep ownership of the data you or your devices put into the platform, which we call customer data. We claim no ownership of it.

For customer data we act as a processor and you act as the controller. You decide why assets are tracked, who may see the record and what it is used for, and you are responsible for having a lawful basis and for meeting your own transparency obligations to drivers and operatives. We process customer data only on your documented instructions, which these terms and the data processing terms form, except where the law requires otherwise. The privacy notice explains the split in full, and the sub-processor list is published there.

You grant us the licence needed to host, store, transmit, display, back up and process customer data to provide the service and to comply with the law. We do not use it to develop features for anyone else, and we do not sell it.

Aggregated statistics about platform performance that identify no individual, vehicle, asset or customer are ours to use for operating and improving the service.

Export and deletion of customer data on termination is dealt with in section 16.4, and deletion generally in section 14 of the privacy notice.

8. Intellectual property

The platform, the applications, the website, the API, the documentation and everything in them other than customer data, including all software, source code, designs, text, graphics, photographs, layouts and the TRAKCORP name and marks, are owned by us or licensed to us. All rights not expressly granted in section 5 are reserved.

Nothing here transfers any intellectual property right to you, and you may not register or use a trade mark, domain name or business name confusingly similar to ours.

If you send us feedback, a feature request or a suggestion, you grant us a perpetual, irrevocable, worldwide, royalty free licence to use it without obligation or attribution. That does not give us any right to your customer data.

Third party open source components are licensed under their own terms, which prevail over this section for that component. A list is available on request.

9. Fees and subscriptions billed by us

Pricing is per tracked asset per month, with no per user charge. [TO CONFIRM: the per asset monthly price, which will be published on this site before the pilot programme opens to general sign-up. Until it is published, no charge arises under this section.]

Where we invoice you directly, fees are payable in pounds sterling, in advance, within 30 days of the invoice date unless the invoice says otherwise. Amounts exclude VAT, which we will add at the applicable rate if and when we are VAT registered.

Subscriptions billed by us renew automatically for successive periods equal to the last, unless either party gives written notice not to renew at least 30 days before the renewal date. We may change prices for a renewal period on at least 30 days written notice before the renewal, and if you do not accept the change you may decline to renew.

If an undisputed invoice is not paid when due, we may charge statutory interest and a fixed sum under the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the service under section 16.1 after giving you at least 14 days written notice and an opportunity to pay. Fees already paid for a period are not refundable except where these terms or the law require a refund.

10. Subscriptions billed through the App Store and Google Play

No application is published on the Apple App Store or Google Play at the effective date of these terms, so nothing in this section is billing you today. It governs from the moment an application with a subscription is published.

10.1 Who takes your money

Where you buy a subscription inside an application, the payment is taken by Apple or by Google under your account with that store, not by us. The store is the merchant of record for that transaction, and its own terms and payment conditions apply alongside these terms.

10.2 Automatic renewal

Store billed subscriptions renew automatically at the price shown at purchase, and payment is charged to your store account within 24 hours before the current period ends.

10.3 How to cancel, and the 24 hour rule

To stop a renewal you must turn off automatic renewal in your store account settings at least 24 hours before the current period ends. Cancelling later than that will not stop the upcoming renewal, and the subscription will run to the end of the period you have just paid for.

• On iOS: Settings, then your name at the top, then Subscriptions, then TRAKCORP, then Cancel Subscription.
• On Android: the Google Play app, then your profile icon, then Payments and subscriptions, then Subscriptions, then TRAKCORP, then Cancel subscription.

Deleting the application does not cancel a subscription and does not stop billing. You must cancel in the store.

10.4 Refunds on store billed subscriptions

Because the store took the payment, refunds are administered by the store under its own policy and we cannot issue one directly. Apple's route is reportaproblem.apple.com; Google's is the order history in Google Play. If a store refuses a refund you believe you are entitled to under section 11, tell us and we will help you press the point, including by confirming the facts to the store.

10.5 Price changes

Where the price of a store billed subscription changes, the store will notify you and, where its rules require, ask you to consent before the new price takes effect. If you do not consent, the subscription will not renew.

11. Your statutory rights and the 14 day cancellation period

The platform is supplied for business use, and if you are contracting in the course of a business the consumer protections in this section do not apply to you. If you are a consumer, meaning an individual acting wholly or mainly outside your trade, business, craft or profession, this section applies and nothing in these terms limits your statutory rights.

11.1 Rights under the Consumer Rights Act 2015

As a consumer you have statutory rights that digital content must be of satisfactory quality, fit for a purpose made known to us, and as described. If it is not, you may be entitled to a repair or replacement, a price reduction, or in some cases a refund. You also have a right to compensation if defective digital content damages a device or other digital content of yours and we have not exercised reasonable care and skill. Nothing here affects those rights.

11.2 The 14 day cancellation period

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you normally have 14 days from the day after the contract is made to cancel a distance contract for digital content and receive a refund, without giving a reason. To cancel, email hello@trakcorp.uk with a clear statement that you are cancelling. You may use the model cancellation form in Schedule 3 to those Regulations but you do not have to. We will refund within 14 days of being told.

11.3 The waiver for immediate supply

You lose the 14 day right to cancel once supply of the digital content has begun, if you asked for supply to start during the cancellation period and acknowledged that you would lose the right. Where you sign up and immediately begin using the platform, we will ask you for that express request and that acknowledgement before access is given, and we will confirm both to you in a durable medium. If we do not obtain them, the 14 day right survives and you may cancel and be refunded.

Where a subscription was billed through the App Store or Google Play, the cancellation right still exists but is exercised through the store's refund route in section 10.4, because the store took the payment.

12. Availability, support and changes to the service

We publish no uptime figure and no service level agreement, because we have no operating history to base one on and inventing a number would be worse than its absence. [TO CONFIRM: whether a service level agreement will be offered at general release, and on what terms.]

The service may be unavailable during planned maintenance, which we will try to schedule outside UK working hours and to announce in advance, and during unplanned outages, including failures at our hosting provider, at a mobile network carrying position reports, or in the global navigation satellite systems the tracking units depend on.

Support is provided by email at hello@trakcorp.uk. We aim to reply within three working days. We operate no telephone support line, no live chat and no ticketing portal.

We may add, change or remove features. Where a change materially reduces the functionality you rely on, we will give at least 30 days written notice, and if the change is materially detrimental to you, you may terminate under section 16.2 and receive a pro rata refund of fees paid in advance for the unexpired period.

13. Disclaimers

Except as expressly stated in these terms, and without affecting your statutory rights as a consumer under section 11, the service is provided on an "as is" and "as available" basis, and we exclude all warranties, conditions and terms implied by statute or common law to the fullest extent permitted.

We do not warrant that the service will be uninterrupted or error free, that defects will be corrected, or that it will meet a requirement you have not told us about in writing and we have not accepted.

Position data depends on hardware, mobile network coverage and satellite reception that are outside our control. Positions can be delayed, degraded or missing where a device loses power, loses signal, is obstructed, is tampered with or fails. The platform is a record keeping and visibility tool. It is not a security system, an alarm, a recovery service, an emergency response system or a safety critical system, and it must not be relied on as one. Do not use it as the sole means of protecting people or property from harm.

Where the platform integrates with a third party system by API or webhook, we are not responsible for that system, its availability, or what it does with data you instruct us to send it.

14. Limitation of liability

14.1 What we never exclude

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for breach of the terms implied by section 12 of the Sale of Goods Act 1979 or the equivalent provisions of the Consumer Rights Act 2015, or for any other liability that cannot lawfully be excluded or limited.

14.2 Business customers

Where you contract in the course of a business, and subject to 14.1, we are not liable to you, whether in contract, tort including negligence, breach of statutory duty or otherwise, for: loss of profit; loss of sales, business or revenue; business interruption; loss of anticipated savings; loss of or damage to goodwill or reputation; loss, theft or non-recovery of a vehicle, trailer or item of plant; the cost of hiring a replacement asset; loss or corruption of data, save to the extent it results from our failure to meet our obligations under section 7 or the data processing terms; or any indirect or consequential loss.

14.3 Cap on liability

Subject to 14.1, our total liability to a business customer arising out of or in connection with these terms in any period of 12 consecutive months is limited to the greater of the total fees paid by you to us in that period, and one hundred pounds sterling.

14.4 Consumers

If you are a consumer, we are liable for loss or damage you suffer that is a foreseeable result of our breach of these terms or our failure to use reasonable care and skill. We are not liable for loss or damage that is not foreseeable, and we are not liable for loss arising from use of the service for a business purpose.

14.5 Allocation of risk

These limits reflect the price of the service and the fact that you remain responsible for insuring your own assets and for your own operational decisions. You are expected to maintain insurance appropriate to your fleet and equipment, and this contract does not replace it.

15. Your indemnity to us

If you use the service in the course of a business, you will indemnify us against all liabilities, costs, expenses, damages and losses, including reasonable legal costs, arising out of or in connection with your breach of section 6, your use of the service in breach of the law, or a claim by a third party, including a driver or an employee, that your use of the service infringed their rights. This does not apply to anything caused by our own breach of these terms.

This section does not apply to you if you are a consumer.

16. Suspension and termination

16.1 Suspension by us

We may suspend your access, in whole or in part, where we reasonably believe you are in material breach of section 6, where an undisputed invoice remains unpaid after the notice described in section 9, or where suspension is necessary to protect the platform or other customers from a security or availability risk. We will tell you why, and will restore access once the cause is resolved.

16.2 Termination by you

You may stop using the service at any time. Where we bill you directly, you may terminate on 30 days written notice to hello@trakcorp.uk, and any fee already paid for the unexpired part of a period is refunded pro rata only where section 12 or the law requires it. Where a store bills you, cancel under section 10.3.

16.3 Termination by us

We may terminate on 30 days written notice for convenience, refunding pro rata any fees paid for the unexpired period. We may terminate immediately on written notice if you commit a material breach that is not remediable, or that you fail to remedy within 14 days of being asked to, or if you become insolvent, enter administration or have a receiver appointed.

16.4 What happens on termination

The licence in section 5 ends and your access stops. For 30 days after termination we will make customer data available for export through the platform or the API, or provide it as a JSON or CSV extract on request. After that period we delete customer data in line with section 14 of the privacy notice, subject to the retention we are required to keep. Sections 7, 8, 13, 14, 15, 18, 19 and 20 survive termination.

17. Changes to these terms

We may change these terms. Where a change materially affects your rights or obligations, we will give at least 30 days written notice to the email address on your account and update the version and effective date at the top of this page. If you do not accept a material change you may terminate under section 16.2 before it takes effect, and we will refund pro rata any fees paid for the unexpired period.

Changes required by law, and editorial corrections that do not change meaning, may take effect immediately.

18. Complaints and disputes

Email hello@trakcorp.uk describing the problem and what you would like us to do. We acknowledge within three working days and give a substantive response within 20 working days. That is an attempt to resolve matters, not a barrier to your legal rights.

We do not participate in an alternative dispute resolution scheme. If you are a consumer and we cannot resolve a complaint between us, you may bring a claim in the courts, and Citizens Advice can tell you what other options are open to you.

19. General

Entire agreement. These terms, the privacy notice and any written agreement signed between us are the entire agreement about the service and replace anything said before. Neither party relies on any statement not set out in them, although nothing limits liability for fraudulent misrepresentation.

Assignment. You may not assign or transfer your rights under these terms without our written consent. We may assign or transfer ours to a company that acquires our business or assets, provided your rights are not prejudiced.

Subcontracting. We may use subcontractors and sub-processors, and remain responsible for what they do.

No waiver. If we do not enforce a right, that is not a waiver of it, and it does not prevent us enforcing it later.

Severance. If any provision is held unlawful or unenforceable, the rest continues in force, and the provision is applied to the extent it is enforceable.

Third parties. Nobody other than you and us has any right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999, except that Apple and Google may enforce the store related provisions of section 10 against you as third party beneficiaries where the applicable store rules require it.

Force majeure. Neither party is liable for failure to perform caused by an event beyond its reasonable control, including failure of public telecommunications or satellite navigation systems, power failure, industrial action, act of government, flood, fire or epidemic. The affected party will tell the other and resume as soon as it reasonably can.

Notices. Notices to us go to hello@trakcorp.uk and, where a hard copy is required, to the registered office. Notices to you go to the email address on your account.

20. Governing law and jurisdiction

These terms, their subject matter and their formation, and any non-contractual obligation arising out of or in connection with them, are governed by the law of England and Wales.

The courts of England and Wales have exclusive jurisdiction over any dispute arising out of or in connection with these terms. If you are a consumer resident in Scotland you may also bring proceedings in Scotland, and if you are resident in Northern Ireland you may also bring proceedings in Northern Ireland.