Terms of service

1. Who issues this manual, and the one route in

The office filed against that company number takes service of formal papers. For everything else there is one route: hello@trakcorp.uk, and most answers leave inside three working days.

Where a clause below calls for notice in writing, a message to that address does the job. A message to whatever address sits on your account does the job in the other direction.

2. When these rules bite

Loading trakcorp.uk, opening an account, installing an application or working the platform puts you under this manual. Nobody is obliged to accept it; the alternative is not to use the service. Accept it on behalf of a business and you confirm you may bind that business, and every "you" below then means the business rather than you personally.

Read it alongside the privacy notice and the cookies page. Where an operator has signed a separate written agreement with us, processing terms under Article 28 of the UK GDPR among them, that agreement outranks this manual wherever the two collide.

Only an English text of this manual exists, and any contract struck under it is concluded in English.

3. What the platform is

TRAKCORP supplies an asset and fleet tracking platform. It takes position reports off telematics units and battery tags, draws tracked vehicles, trailers, plant and tools on one map, holds journey history, runs geofences that fire on arrival and departure, totals utilisation, and hands the whole record back over a documented API.

Figures given on this website for intervals, retention windows and supported protocols describe how the platform is configured. They are published so you can measure the service against them, and they do not become contract terms unless a written agreement between us adopts them. Nothing else written elsewhere on this website forms part of this manual.

4. Who may hold an account

The platform is supplied for use at work. You must be 18 or over and able to strike a binding contract. Accounts are not knowingly opened for consumers, though section 11 sets out where you stand if you are one.

You answer for what you tell us at registration, for keeping credentials to yourself, for everything done through your account, and for telling us at hello@trakcorp.uk as soon as you suspect an account has been got into. Hold an operator account and you also answer for the users you invite onto it and for the permissions you hand them.

A named login belongs to one named person. Do not pass one round a depot, do not register in somebody else's name, and do not open accounts by script.

5. What the licence covers

Keep to this manual and pay whatever is due and you have a limited licence from us to work the platform, the API and any application we publish, for your own internal business purposes, lasting as long as your subscription lasts. It cannot be transferred, cannot be sub-licensed, is not exclusive to you, and can be revoked.

For an application published on either store, the licence reaches installation on handsets you own or control, and the usage rules of that store apply on top of this manual.

The licence stops well short of the following, none of which is permitted: reselling, renting, leasing or standing the platform up as a service for somebody else; copying, altering, translating or deriving anything from it; reverse engineering, decompiling or taking it apart, save so far as that restriction is overridden by law, sections 50B and 50BA of the Copyright, Designs and Patents Act 1988 included; stripping or hiding a proprietary notice; and using any of it to build a rival product.

6. Rules of use

Everything here has to stay lawful. Specifically, you may not:

• track a person or a vehicle with no lawful basis behind it, or in a manner that cuts across the UK GDPR, the Data Protection Act 2018 or the Protection from Harassment Act 1997;
• fit a unit to a vehicle or an asset that is neither yours nor under your control without the informed agreement of whoever it belongs to;
• watch an employee or a contractor without having told them, and without having asked whether Article 35 of the UK GDPR calls for an impact assessment first;
• try to get into the platform, another account, or any connected system, without authorisation;
• probe or stress the platform for weaknesses other than under a written arrangement with us, or work around authentication, rate limits or access controls;
• push malware into it, or anything built to disrupt, damage or slow the service;
• drive the API hard enough to load the platform unreasonably, or run past a published rate limit;
• scrape, harvest or bulk-lift records by any route other than the API and inside your own account;
• hold or move unlawful, defamatory or infringing material through it, or special category data as Article 9 of the UK GDPR defines it;
• misstate who you are or which organisation you speak for.

A suspected breach of this section may be investigated, and access may be suspended under section 16 while that runs. Tell us at hello@trakcorp.uk if somebody on your account has broken any of it.

7. Your records, and who controls them

Customer data stays yours. We take no ownership of it at any point.

Across customer data you hold the controller role and TRAKCORP holds the processor role. Which assets get tracked, why, who may open the record and what it is then used for are all your calls, and having a lawful basis and being straight with your drivers and operatives about it are your duties. We work customer data on your documented instruction, which this manual and the processing terms together make up, and depart from it only where the law leaves no choice. The privacy notice works the split through in full, and the supplier list is published there.

You grant us whatever licence is needed to host, store, move, display, back up and work customer data so as to run the service and meet the law. It is never used to build features for anybody else, and it is never sold.

Counts of platform load that identify no person, vehicle, asset or customer are ours to use in running and improving the service.

Getting customer data out at the end is covered at 16.4, and clearing it altogether by section 14 of the privacy notice.

8. What belongs to us

The platform, both applications, this website, the API, the documentation and everything inside them apart from customer data belong to us or are licensed to us. That takes in the software and its source, the designs, the words, the graphics, the photographs, the layouts, and the TRAKCORP name and marks. Whatever section 5 does not expressly grant stays with us.

Nothing here shifts an intellectual property right to you, and you may not register or trade under a mark, domain or business name close enough to ours to confuse anybody.

Send us feedback, a feature request or a suggestion and we may use it outright, worldwide, for good, without paying you and without crediting you. That says nothing about your customer data, which stays yours under section 7.

Open source components carry their own licences, and for those components those licences govern instead of this section. The list is available on request.

9. Charges we invoice ourselves

Pricing runs per tracked asset per month, with nothing charged per user. Ask for the per asset figure against your own asset count and we quote it to you in writing; that written quotation, once accepted, is what you are charged under this section.

Where we raise the invoice, sums are payable in pounds sterling, up front, inside 30 days of the invoice date unless that invoice says otherwise. Figures shown exclude VAT, which is added at the prevailing rate once the company is VAT registered.

A subscription we bill renews for further periods matching the last one, unless either side gives written notice at least 30 days ahead of the renewal date that it should not. We may reprice a renewal period on at least 30 days' written notice ahead of that renewal, and if the new figure does not suit you the answer is to let it lapse.

Leave an undisputed invoice unpaid past its date and we may add statutory interest and the fixed sum allowed by the Late Payment of Commercial Debts (Interest) Act 1998, and may suspend the service under 16.1 after 14 days' written notice and a chance to settle. Sums already paid for a period are not refunded unless this manual or the law calls for it.

10. Charges taken inside the App Store or Google Play

This section governs a subscription bought inside a TRAKCORP application on the App Store or Google Play, where the store takes the money. Where we invoice you directly, section 9 governs instead and this section does not apply to you at all.

10.1 Whose till the money goes into

Buy a subscription inside an application and Apple or Google takes the payment against your account with that store, not us. For that transaction the store is merchant of record, and its own terms and payment conditions run alongside this manual.

10.2 Renewal

A store-billed subscription renews on its own at whatever price was shown when you bought it, and the store charges your account in the last day of the period then running.

10.3 Stopping a renewal

Switch automatic renewal off inside your store account at least one full day before the current period runs out. Leave it later than that and the next renewal goes through anyway, and the subscription then runs to the end of the period you have just been charged for.

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

Deleting the application off a handset stops neither the subscription nor the billing behind it. Cancel in the store.

10.4 Refunds where the store took the money

Refunds on those purchases run under the store's own policy, and we are not able to issue one ourselves. Apple's route is reportaproblem.apple.com; Google's sits in the order history inside Google Play. Should a store turn down a refund you believe section 11 entitles you to, tell us and we will press the point with them, confirming the facts where that helps.

10.5 A price change on a store subscription

The store notifies you and, where its rules demand it, asks you to agree before the new figure applies. Decline and the subscription simply does not renew.

11. Buying as a consumer

The platform is sold for use at work, and contracting in the course of a business puts this section outside your reach. Contract as a consumer and it applies in full, and nothing anywhere in this manual cuts down a statutory right you hold.

11.1 Consumer Rights Act 2015

Digital content sold to a consumer must reach satisfactory quality, must suit any purpose you made known to us, and must match how it was described. Fall short of that and you may be owed a repair or replacement, a reduction in price, or in some circumstances your money back. Where defective digital content damages a device or other content of yours and reasonable care and skill on our part would have prevented it, compensation may also be due. This manual leaves all of that untouched.

11.2 The 14 day cancellation right

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 normally give you 14 days from the day after the contract is made to pull out of a distance contract for digital content and have your money back, no reason required. Say so by email to hello@trakcorp.uk, in words that make plain you are cancelling. The model form in Schedule 3 to those Regulations is available to you and is not obligatory. Repayment follows inside 14 days of us hearing from you.

11.3 Where that right falls away

Ask for supply to start inside the cancellation period, acknowledge that starting early costs you the right to cancel, and once supply begins the right is gone. Where you sign up and start working the platform straight away, we ask for that express request and that acknowledgement before access opens, and confirm both back to you in durable form. Fail to obtain them and the 14 days stand, leaving you free to cancel and be repaid.

Where a store billed the subscription, the cancellation right still exists but is exercised down the store's refund route at 10.4, because the store holds the money.

12. Uptime, support and changes to the service

An availability commitment binds us where a written service agreement between us states one. This manual on its own does not set an uptime figure.

The service can go dark for scheduled maintenance, which we try to put outside UK working hours and to flag beforehand, and for unscheduled outages: a failure at the hosting supplier, a mobile network that carries position reports going down, or trouble in the satellite systems the units depend on.

Support runs by email to hello@trakcorp.uk, on the same three working day footing as everything else.

Features get added, altered and withdrawn. Where a change materially cuts down functionality you depend on, 30 days' written notice goes out first, and if the change leaves you materially worse off you may end the arrangement under 16.2 and have back, pro rata, whatever you paid in advance for the unexpired part.

13. What the platform is not

Beyond what this manual states expressly, and without touching the consumer rights in section 11, the service comes as it stands and as it happens to be available, and every warranty, condition or term that statute or common law would otherwise imply is excluded so far as the law permits.

Uninterrupted or error-free running is not warranted, nor is every defect certain to be corrected, nor will the service necessarily meet a requirement you never put to us in writing and we never accepted.

Position data leans on hardware, on mobile coverage and on satellite reception, none of which we control. Reports arrive late, degraded or not at all where a unit loses power, loses signal, sits under cover, is interfered with or simply fails. This 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 must never be leaned on as one. Do not make it your only means of keeping people or property from harm.

Where the platform is wired into somebody else's system by API or webhook, that system is not ours to answer for: not its uptime, and not what it does with records you instructed us to send it.

14. Limits on what we pay out

14.1 Never excluded

Liability is neither capped nor excluded where negligence on the part of TRAKCORP kills or injures somebody, where fraud or fraudulent misrepresentation is in play, where the Consumer Rights Act 2015 forbids it, or where any other rule of law forbids it.

14.2 Business customers

Contract in the course of a business and, subject always to 14.1, we do not carry the following, however the claim is framed, whether under the agreement, in negligence, for breach of a duty imposed by statute, or on any other footing: lost profit; lost sales, business or revenue; interrupted trading; savings you expected and did not make; harm to goodwill or reputation; the loss, theft or non-recovery of a vehicle, a trailer or an item of plant; what it costs to hire a replacement asset; damaged or lost records, except so far as our own failure under section 7 or under the processing terms caused it; and anything indirect or consequential.

14.3 The cap

Subject to 14.1, everything we owe a business customer across any 12 consecutive months, taken together and arising from this manual or anything connected with it, stops at whichever is the greater of the fees you paid us during those months and one hundred pounds sterling.

14.4 Consumers

Contract as a consumer and we carry loss or damage that follows foreseeably from us breaking this manual or failing to use reasonable care and skill. Unforeseeable loss is not carried, and neither is loss that comes from putting the service to business use.

14.5 Why the limits sit where they do

They reflect what the service costs and the fact that insuring your own fleet and equipment, and making your own operational calls, both stay with you. Keep the insurance appropriate to the assets you run: this contract is not a substitute for it.

15. What you cover us for

Use the service in the course of a business and you will cover us against liabilities, costs, expenses, damages and losses, reasonable legal costs included, that flow from your breach of section 6, from unlawful use of the service by you, or from a third party, a driver or an employee among them, claiming your use of the service trampled their rights. Anything caused by our own breach of this manual falls outside that cover.

Consumers are outside this section entirely.

16. Suspension, and ending the arrangement

16.1 Suspension by us

Access can be cut, wholly or partly, where we reasonably believe section 6 has been materially broken, where an undisputed invoice is still unpaid after the notice at section 9, or where cutting it is what keeps the platform or other customers safe from a security or availability risk. You are told the reason, and access returns once the cause is cleared.

16.2 Ending it from your side

Walk away whenever you like. Where we bill you directly, 30 days' written notice to hello@trakcorp.uk ends it, and anything already paid for the unexpired part comes back pro rata only where section 12 or the law says it must. Where a store bills you, cancel through 10.3.

16.3 Ending it from ours

We may end it on 30 days' written notice for no reason at all, repaying pro rata whatever was paid for the unexpired part. We may end it immediately, by written notice, on a material breach that cannot be put right, on one you fail to put right inside 14 days of being asked, or on your becoming insolvent, entering administration or having a receiver appointed.

16.4 The day it ends

The licence at section 5 falls away and access stops. For 30 days afterwards customer data stays available for export through the platform or the API, or as a JSON or CSV extract if you ask. Past that point it is cleared in line with section 14 of the privacy notice, apart from whatever we are required to keep. Sections 7, 8, 13, 14, 15, 18, 19 and 20 carry on after the end.

17. Amending this manual

Amendments happen. Where one materially shifts your rights or your obligations, at least 30 days' written notice goes to the email address on your account and the issue number and date at the head of this page change with it. Refuse a material amendment and you may end the arrangement under 16.2 before it lands, with a pro rata repayment for the unexpired part.

An amendment the law requires, or a correction that leaves the meaning where it was, takes effect at once.

18. Complaints

Write to hello@trakcorp.uk setting out what went wrong and what you would like done about it. You hear back inside three working days and get a considered answer inside 20 working days. That process is an attempt to sort matters out between us; it takes nothing away from your legal rights and is not a gate you have to pass through first.

We belong to no alternative dispute resolution scheme. Where a complaint from a consumer cannot be settled between us, the courts remain open to you, and Citizens Advice can set out what else is available.

19. Standing clauses

Whole agreement. This manual, the privacy notice and any written agreement signed between us are the whole of what has been agreed about the service, and they displace anything said beforehand. Neither side relies on a statement left outside them, though nothing here touches liability for fraudulent misrepresentation.

Assignment. Your rights under this manual cannot be assigned or transferred without our written consent. Ours may pass to a company acquiring our business or assets, so long as your position is not prejudiced by it.

Subcontracting. Subcontractors and suppliers may be used, and we stay answerable for what they do.

Waiver. A right we do not enforce today is not a right given up, and can be enforced later.

Severance. Should a provision be held unlawful or unenforceable, the rest stands, and that provision applies so far as it can be enforced.

Third parties. Nobody beyond you and us may enforce this manual under the Contracts (Rights of Third Parties) Act 1999, except that Apple and Google may enforce the store clauses at section 10 against you where the applicable store rules give them that standing.

Events beyond control. Neither side answers for a failure to perform brought about by something beyond its reasonable control: public telecommunications or satellite navigation going down, power failure, industrial action, an act of government, flood, fire or epidemic. Whoever is affected tells the other and picks the work back up as soon as it reasonably can.

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

20. Governing law and the courts

This manual, what it covers, how it was formed and any non-contractual obligation thrown off by it all answer to the law of England and Wales.

Disputes go to the courts of England and Wales, which have exclusive jurisdiction over them. A consumer resident in Scotland may bring proceedings there instead, and a consumer resident in Northern Ireland may bring them there.