Tracker Terms of Service

Last updated: May 2026

Welcome to Tracker. These Terms of Service (these “Terms”) govern your access to and use of the websites, applications, platform, digital tools, content, features, functionality, and services made available by Tracker Group, Inc., or their affiliates, as applicable (“Tracker,” “we,” “us,” or “our”), including the website located at https://mytracker.ai, the Tracker platform, and any related services that link to these Terms (collectively, the “Services”).

By accessing or using the Services, creating an account, accepting an order form, using a subscription, or otherwise indicating acceptance, you agree to be bound by these Terms. If you are using the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity, and “you” and “your” will refer to that entity. If you do not agree to these Terms, you may not access or use the Services.

These Terms incorporate by reference Tracker’s Privacy Policy, any applicable Platform Subscription Agreement, Data Processing Addendum, order form, statement of work, product documentation, acceptable use requirements, and other supplemental terms presented to you in connection with the Services.

1. Definitions

For purposes of these Terms:

“Account” means an account created to access or use the Services.

“Authorized Users” means your employees, contractors, agents, consultants, representatives, collaborators, and other users authorized by you to access or use the Services under your Account.

“Customer Data” means information, data, images, files, prompts, content, materials, or other data submitted, uploaded, transmitted, posted, or otherwise made available to Tracker by or on behalf of you or your Authorized Users through the Services, excluding Tracker Data and Tracker Technology.

“Customer Image Data” means Customer Data uploaded, submitted, captured, or otherwise made available in the form of images, video, spatial data, 2D or 3D imagery, annotations, tags, rich media, or similar content relating to a property, structure, location, or premises.

“Documentation” means user manuals, help guides, technical documentation, specifications, product descriptions, support materials, and other materials made available by Tracker in connection with the Services.

“Order” means an order form, online order, quote, statement of work, click-through order, purchase flow, or other ordering document accepted by you and Tracker or an authorized reseller.

“Platform” means Tracker’s proprietary cloud-based application platform.

“Platform Subscription Agreement” or “PSA” means Tracker’s applicable subscription agreement governing paid access to the Platform and related subscription services.

“Subject Property” means a property, structure, premises, space, location, or other physical environment in respect of which you use the Services or provide Customer Data.

“Tracker Digital Assets” means digital assets, outputs, files, data, media, imagery, models, generated content, descriptions, summaries, measurements, or other assets created, generated, processed, or made available by Tracker or the Services.

“Tracker Space” or “Space” means a digital twin, spatial representation, or other virtual representation of a Subject Property created or processed using Tracker Technology.

“Tracker Technology” means all technology, software, algorithms, models, systems, tools, workflows, know-how, APIs, SDKs, platform components, artificial intelligence and machine learning systems, computer vision systems, processing systems, interfaces, documentation, designs, methods, data structures, system performance data, and other technology created, owned, licensed, or controlled by Tracker.

2. Eligibility and Account Registration

You must be at least 18 years old to use the Services. The Services are made available to both business users and individual consumer users, provided that all users meet the age requirement and comply with these Terms and applicable law.

If you access or use the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “your” refer to both you and that entity, as applicable. If you access or use the Services as an individual and not on behalf of a business or other entity, “you” and “your” refer to you personally.

To access certain Services, you may be required to create an Account or receive login credentials. You agree to provide complete, accurate, and current information and to maintain and promptly update that information. You are responsible for all activity under your Account and for maintaining the confidentiality and security of your usernames, passwords, API keys, and other credentials.

You will promptly notify Tracker if you become aware of any unauthorized access to or use of your Account, credentials, Customer Data, or the Services.

3. Use of the Services

Subject to your compliance with these Terms, any applicable Order, the PSA, and payment of all applicable fees, Tracker grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access and use the Services during the applicable subscription or access period solely for your internal business purposes and in accordance with the Documentation.

You are responsible for ensuring that your Authorized Users comply with these Terms. Any breach of these Terms by an Authorized User will be deemed a breach by you.

Tracker may modify, enhance, suspend, discontinue, or replace any part of the Services from time to time, subject to the terms of any applicable Order or PSA.

4. Acceptable Use and Restrictions

You will not, and will not permit any Authorized User or third party to, directly or indirectly:

use the Services for any unlawful, fraudulent, deceptive, harmful, threatening, abusive, defamatory, obscene, harassing, infringing, invasive of privacy or publicity rights, or otherwise objectionable purpose;
upload, submit, transmit, or make available any Customer Data that you do not own or have all necessary rights, licenses, permissions, and consents to use;
use the Services in a manner that violates any applicable law, regulation, contractual obligation, third-party right, privacy right, publicity right, intellectual property right, or property right;
reverse engineer, decompile, disassemble, copy, modify, translate, adapt, or create derivative works of the Services or Tracker Technology, except to the extent expressly permitted by applicable law;
sell, resell, rent, lease, sublicense, distribute, timeshare, or otherwise commercially exploit the Services except as expressly permitted in writing by Tracker;
use the Services to build, train, benchmark, or improve a competing product or service;
use any robot, crawler, scraper, spider, deep-link, page-scrape, automated tool, extraction method, or similar technology to access, copy, monitor, extract, index, or otherwise collect information from the Services, except as expressly permitted by Tracker;
bypass, disable, interfere with, or circumvent any security, access control, rate limit, usage restriction, or technical protection measure;
introduce viruses, malware, harmful code, or other destructive materials into the Services;
interfere with or disrupt the integrity, availability, security, or performance of the Services;
attempt to gain unauthorized access to the Services, Accounts, systems, networks, data, or credentials;
remove, obscure, or alter any proprietary notices, trademarks, branding, watermarks, attribution, or other notices in the Services or Tracker Digital Assets;
use the Services to process sensitive personal information, special category data, protected health information, children’s data, biometric identifiers, government identification numbers, payment card data, or other regulated data unless expressly authorized in writing by Tracker and supported by an applicable written agreement; or
use the Services in any manner not expressly permitted by these Terms, an applicable Order, or the Documentation.

Tracker may investigate suspected violations of these Terms and may suspend or terminate access to the Services as described below.

5. Customer Data and Required Rights

You are solely responsible for Customer Data, including its accuracy, legality, integrity, quality, content, operation, maintenance, collection, capture, use, and distribution.

You represent and warrant that you have obtained, and will maintain, all rights, licenses, permissions, approvals, notices, and consents necessary to:

capture, upload, submit, transmit, process, store, use, display, and distribute Customer Data through the Services;
create or request the creation of any Tracker Space, Tracker Digital Asset, or other output relating to a Subject Property;
grant Tracker the licenses and rights described in these Terms and any applicable PSA;
permit Tracker and its service providers to process Customer Data to provide, secure, maintain, support, and improve the Services; and
comply with all laws and third-party rights applicable to any Subject Property, individual, owner, occupant, tenant, visitor, contractor, or other person whose rights may be affected by your use of the Services.

You will not intentionally upload personal information, special category data, or other regulated data to the Services unless permitted under an applicable written agreement. To the extent personal information is captured in or evident from Customer Data, you are responsible for obtaining all necessary rights, permissions, notices, and consents required for Tracker to process that information in accordance with the Privacy Policy and any applicable Data Processing Addendum.

Tracker may remove or disable access to Customer Data that Tracker reasonably believes violates these Terms, applicable law, the Documentation, or third-party rights.

6. Privacy and Data Protection

Tracker’s collection, use, disclosure, and processing of personal information is described in the Privacy Policy. By using the Services, you acknowledge that Tracker may process personal information in accordance with the Privacy Policy and any applicable Data Processing Addendum.

Where you use the Services on behalf of a business, you are responsible for determining whether you are a controller, business, processor, service provider, or equivalent role under applicable privacy laws and for complying with all obligations applicable to you. Where you use the Services as an individual consumer, Tracker will process personal information as described in the Privacy Policy.

You will not provide Tracker with any personal information unless you have a lawful basis and all required consents, notices, and authorizations to do so.

7. Tracker Spaces, Access Settings, and Public Sharing

The Services may allow you to designate a Tracker Space, Customer Image Data, or other content as private, restricted, public, or otherwise available through access settings, passwords, links, embedding tools, sharing functions, or similar features.

You are solely responsible for selecting and maintaining the appropriate access settings for your Customer Data, Tracker Spaces, links, embeds, shared assets, and related content. If you make a Tracker Space, link, embed, or other content public or share it with third parties, Tracker is not responsible for any resulting access, viewing, copying, redistribution, indexing, caching, discoverability, or use by third parties.

Third parties who receive access to a Tracker Space or related content may interact with that content, including by viewing, measuring, annotating, saving, or sharing links, depending on the features available. Unless otherwise agreed in writing, rights arising from third-party interactions with the Services or Tracker Technology are owned by Tracker.

8. AI Features and Generated Outputs

The Services may include artificial intelligence, machine learning, computer vision, language model, spatial processing, object recognition, measurement, summarization, navigation, defurnishing, property description, or other automated features (“AI Features”).

You acknowledge that AI Features and other automated processing may generate outputs that are inaccurate, incomplete, unexpected, or unsuitable for your intended use. You are responsible for reviewing and validating all outputs before relying on or distributing them.

Tracker does not warrant that AI-generated outputs, measurements, square footage calculations, summaries, property descriptions, object labels, spatial layouts, or other outputs will be accurate, complete, compliant with professional standards, compliant with regulatory requirements, or suitable for legal, valuation, architectural, construction, engineering, appraisal, insurance, safety, or other professional purposes.

You will not use AI Features or outputs in any manner that violates applicable law, third-party rights, these Terms, or applicable supplemental terms.

9. Fees, Orders, Subscriptions, and Payment

Certain Services require payment of fees. Fees, billing cycles, subscription plans, usage limits, renewal terms, payment obligations, and cancellation terms will be described in the applicable Order, PSA, subscription plan, checkout flow, or other written agreement.

You agree to pay all fees when due and to provide complete and accurate billing and payment information. Unless otherwise stated in an applicable Order or PSA, fees are non-refundable except as expressly required by law or expressly agreed by Tracker in writing.

If your subscription renews automatically, you authorize Tracker or its payment processor to charge your designated payment method for renewal fees and applicable taxes unless you cancel in accordance with the applicable cancellation procedures before the renewal date.

Tracker may suspend or terminate access to the Services for late payment, failed payment, chargebacks, billing disputes, suspected fraud, or other payment issues, subject to applicable law and the terms of any applicable Order or PSA.

10. Trials, Beta Features, and Evaluation Services

Tracker may offer free trials, beta features, pilot services, evaluation access, preview features, or experimental functionality. Tracker may modify, limit, suspend, or discontinue trials or beta features at any time.

Trials and beta features are provided “as is,” without warranties, support commitments, service levels, indemnities, or liability obligations to the maximum extent permitted by law. Unless otherwise agreed in writing, Tracker may delete trial or beta data at the end of the trial or beta period.

11. Third-Party Services and Integrations

The Services may contain links to, integrate with, interoperate with, or enable access to third-party websites, services, software, data, content, products, payment processors, platforms, or applications (“Third-Party Services”).

Third-Party Services are not controlled by Tracker and are governed by the applicable third party’s terms and policies. Tracker is not responsible for Third-Party Services, including their content, accuracy, availability, security, privacy practices, performance, or acts or omissions.

Your use of Third-Party Services is at your own risk. You authorize Tracker to exchange Customer Data and other information with Third-Party Services as necessary to provide the requested integration or functionality.

12. Support and Availability

Tracker may provide support as described in an applicable Order, PSA, support policy, or Documentation. Unless otherwise agreed in writing, support is limited to reasonable technical assistance regarding the features and operation of the Services and does not include consulting, training, customization, legal advice, professional advice, or third-party support.

Tracker will use commercially reasonable efforts to make the Services available, excluding downtime for maintenance, updates, outages, failures, security issues, force majeure events, third-party service issues, and other circumstances beyond Tracker’s reasonable control.

Tracker does not guarantee uninterrupted or error-free operation of the Services.

13. Ownership and Intellectual Property

As between you and Tracker, Tracker owns all right, title, and interest in and to the Services, Tracker Technology, Tracker Data, Documentation, software, systems, designs, methods, algorithms, workflows, know-how, models, interfaces, APIs, SDKs, trademarks, branding, and all improvements, modifications, and derivative works thereof.

As between you and Tracker, you retain ownership of Customer Data, subject to the licenses granted to Tracker in these Terms and any applicable PSA.

Subject to your compliance with these Terms and payment of all applicable fees, Tracker grants you the rights to access and use Tracker Digital Assets and Tracker Spaces only as expressly described in these Terms, the PSA, the applicable Order, or the Documentation. All rights not expressly granted are reserved by Tracker.

You will not use Tracker’s name, trademarks, logos, service marks, trade names, branding, or other identifiers without Tracker’s prior written consent, except as expressly permitted by Tracker.

14. License to Customer Data

You grant Tracker a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, modify, display, transmit, distribute, create derivative works from, and otherwise use Customer Data as necessary or useful to:

provide, operate, maintain, secure, support, and improve the Services;
create, process, display, maintain, and make available Tracker Spaces and Tracker Digital Assets;
respond to support requests and troubleshoot technical issues;
enforce these Terms and protect the Services, Tracker, users, and third parties;
comply with law and legal process; and
exercise rights otherwise described in these Terms, the PSA, the Privacy Policy, and any applicable Order.

You also grant Tracker the right to create, collect, process, use, disclose, and commercialize aggregated, anonymized, de-identified, or non-personally identifiable data derived from use of the Services, Customer Data, Tracker Spaces, Tracker Digital Assets, and Tracker Technology, provided such data does not identify you or any individual where required by applicable law.

Unless otherwise stated in an applicable PSA, licenses granted to Tracker that by their nature are intended to survive termination will survive termination or expiration of your access to the Services.

15. Feedback

If you provide comments, suggestions, ideas, enhancement requests, recommendations, corrections, or other feedback regarding the Services (“Feedback”), you grant Tracker a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, copy, modify, distribute, disclose, commercialize, and otherwise exploit the Feedback for any purpose without restriction or compensation to you.

16. Confidentiality

If you disclose information to Tracker that is designated in writing as confidential, Tracker will use commercially reasonable efforts to maintain the confidentiality of that information and use it only for purposes related to providing the Services or performing under these Terms or an applicable agreement.

Confidentiality obligations do not apply to information that: (a) is or becomes public through no breach by Tracker; (b) was known by Tracker without confidentiality obligations; (c) is independently developed by Tracker without use of your confidential information; (d) is received from a third party without confidentiality obligations; or (e) must be disclosed by law, court order, or legal process.

These confidentiality obligations do not limit Tracker’s rights to use Customer Data, Tracker Data, aggregated data, anonymized data, de-identified data, or publicly shared Tracker Spaces as otherwise permitted by these Terms, the PSA, the Privacy Policy, or an applicable Order.

17. Copyright Complaints

Tracker respects intellectual property rights. If you believe that content available through the Services infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act to:

Email: legal@mytracker.ai

Your notice should include:

identification of the copyrighted work claimed to be infringed;
identification of the allegedly infringing material and its location;
your contact information;
a statement that you have a good-faith belief that use of the material is not authorized;
a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
your physical or electronic signature.

Tracker may remove or disable access to allegedly infringing content and may terminate repeat infringers where appropriate.

18. Publicity

Unless you notify Tracker in writing that you do not wish to be identified as a Tracker customer, you grant Tracker the right to use your name and logo in customer lists, websites, sales materials, marketing materials, presentations, and other promotional materials identifying customers of Tracker.

19. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, TRACKER TECHNOLOGY, TRACKER SPACES, TRACKER DIGITAL ASSETS, AI FEATURES, BETA FEATURES, TRIALS, THIRD-PARTY SERVICES, DOCUMENTATION, AND ALL RELATED CONTENT AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TRACKER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, RELIABILITY, AND COURSE OF DEALING OR USAGE OF TRADE.

TRACKER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR THAT ANY DEFECTS WILL BE CORRECTED. TRACKER DOES NOT WARRANT THAT MEASUREMENTS, SPATIAL DATA, SQUARE FOOTAGE, PROPERTY DESCRIPTIONS, DIGITAL TWINS, DEFURNISHED CONTENT, AI OUTPUTS, OR OTHER TRACKER DIGITAL ASSETS WILL BE ACCURATE, COMPLETE, OR COMPLIANT WITH ANY PROFESSIONAL, INDUSTRY, LEGAL, OR REGULATORY STANDARD.

You are solely responsible for determining whether the Services and outputs are suitable for your intended use.

20. Indemnification

You will defend, indemnify, and hold harmless Tracker and its officers, directors, employees, agents, affiliates, contractors, licensors, service providers, successors, and assigns from and against any claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

your or your Authorized Users’ access to or use of the Services;
Customer Data, including any allegation that Customer Data infringes, misappropriates, or violates any intellectual property, privacy, publicity, property, contractual, or other right;
any Subject Property, including your capture, upload, processing, sharing, or use of imagery, spatial data, or related content;
your breach of these Terms, an applicable Order, the PSA, or the Documentation;
your violation of applicable law;
your use, distribution, publication, or reliance on any Tracker Space, Tracker Digital Asset, AI output, measurement, description, or other output; or
your use of Third-Party Services.

Tracker may assume exclusive control of the defense of any matter subject to indemnification, and you will cooperate with Tracker’s defense of such claims.

21. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRACKER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, BUSINESS, ANTICIPATED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF TRACKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACKER’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO TRACKER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100).

The limitations in this section apply to the fullest extent permitted by law and apply even if any limited remedy fails of its essential purpose.

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above limitations may not apply to you.

22. Suspension and Termination

Tracker may suspend or terminate your access to the Services, in whole or in part, immediately upon notice if Tracker reasonably believes that:

you or your Authorized Users have breached these Terms, an applicable Order, the PSA, or the Documentation;
your Account is past due, payment fails, or there is a chargeback or billing dispute;
your use of the Services creates a security, legal, regulatory, operational, reputational, or third-party risk;
your use of the Services may infringe or violate third-party rights;
suspension is necessary to protect the Services, Tracker, users, or third parties; or
suspension or termination is required by law or legal process.

You may stop using the Services at any time. Subscription cancellation and termination rights are governed by the applicable Order, PSA, or subscription terms.

Upon termination or expiration, your right to access and use the Services will cease. Tracker may deactivate your Account and may delete, retain, or make unavailable Customer Data in accordance with the Privacy Policy, applicable law, and any applicable Order or PSA. You are responsible for exporting or downloading available Customer Data and Tracker Digital Assets before termination or expiration.

Sections that by their nature should survive termination will survive, including sections relating to ownership, licenses, fees, confidentiality, disclaimers, indemnification, limitation of liability, dispute resolution, and general terms.

23. Changes to the Services and Terms

Tracker may update these Terms from time to time. If Tracker makes material changes, Tracker will provide notice by posting the updated Terms on its website, through the Services, by email, or by other reasonable means.

The updated Terms will become effective when posted or as otherwise stated in the notice. Your continued use of the Services after the effective date means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the Services.

Tracker is constantly improving the Services and may add, remove, modify, suspend, or discontinue features or functionality from time to time.

24. Governing Law, Arbitration, and Dispute Resolution

These Terms are governed by the laws of the State of New York, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this section.

24.1 Informal Resolution

Before commencing arbitration or any court proceeding, the parties will attempt in good faith to resolve any dispute informally. The party raising a dispute must provide written notice describing the nature and basis of the dispute and the relief sought. The parties will then attempt to resolve the dispute for at least thirty (30) days after notice is received.

24.2 Agreement to Arbitrate

Except as stated in Section 24.5, you and Tracker agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your Account, any Order, any subscription, any Tracker Space, any Tracker Digital Asset, or any relationship between you and Tracker will be resolved by binding arbitration, rather than in court.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its applicable rules. For consumer disputes, the AAA Consumer Arbitration Rules will apply. For business disputes, the AAA Commercial Arbitration Rules will apply. If AAA is unavailable or unwilling to administer the arbitration, the parties will mutually agree on another arbitration provider or, if they cannot agree, ask a court of competent jurisdiction to appoint one.

The arbitration will be conducted by a single neutral arbitrator. Unless the parties agree otherwise, the arbitration will take place in Albany County, New York, except that consumer claimants may elect to participate remotely or to have the arbitration conducted in the county where they reside if required by applicable arbitration rules or law.

24.3 Class Action and Jury Trial Waiver

YOU AND TRACKER EACH WAIVE THE RIGHT TO A JURY TRIAL.

YOU AND TRACKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, CONSOLIDATED ACTION, OR SIMILAR PROCEEDING.

The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. The arbitrator may not consolidate claims or preside over any form of class, collective, consolidated, private attorney general, or representative proceeding, except to the extent this restriction is prohibited by applicable law.

24.4 Arbitration Procedure, Fees, and Award

The arbitrator will have exclusive authority to resolve disputes regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or part of this arbitration agreement is void or voidable, except that a court will decide any dispute regarding the validity or enforceability of the class action waiver.

The arbitrator may award any individual relief that would be available in court, including damages, injunctive relief, and declaratory relief, subject to the limitations and exclusions in these Terms. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Payment of arbitration fees will be governed by the applicable AAA rules. For consumer disputes, Tracker will pay arbitration fees to the extent required by applicable law or the applicable arbitration rules.

24.5 Exceptions

Nothing in this section prevents either party from bringing an individual claim in small claims court if the claim qualifies and remains in small claims court. Nothing in this section limits either party’s right to seek temporary, preliminary, or permanent injunctive or equitable relief in court for unauthorized use or disclosure of confidential information, infringement or misappropriation of intellectual property, misuse of the Services, or security threats.

Subject to the arbitration requirements above, any court proceeding arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Albany County, New York, and each party consents to the personal jurisdiction and venue of those courts.

25. Export, Sanctions, and Compliance

You will comply with all applicable export control, sanctions, anti-corruption, anti-bribery, and other laws applicable to your use of the Services. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions and that you are not listed on any restricted party list.

You will not use the Services for any prohibited end use or provide access to the Services to any person or entity prohibited from receiving them under applicable law.

26. Force Majeure

Tracker will not be liable for any delay or failure to perform resulting from events beyond its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, government action, pandemics, internet or telecommunications failures, cloud provider outages, power failures, cyberattacks, denial-of-service attacks, security incidents, supply shortages, or failures of third-party services.

27. Notices

Tracker may provide notices to you by email, through the Services, by posting on its website, or by other reasonable means. Notices to Tracker must be sent to:

Tracker Group, Inc.
Attn: Legal Notices
187 Wolf Road, Suite 300
Albany, NY 12205
Email: legal@mytracker.ai

Privacy-related requests should be sent as described in the Privacy Policy.

28. Miscellaneous

These Terms, together with the Privacy Policy, any applicable Order, PSA, Data Processing Addendum, and supplemental terms, constitute the entire agreement between you and Tracker regarding the Services and supersede all prior or contemporaneous agreements relating to the subject matter.

If there is a conflict between these Terms and a signed Order or PSA, the signed Order or PSA will control for the specific Services covered by that document, unless it expressly states otherwise.

You may not assign or transfer these Terms without Tracker’s prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of your assets, provided that the assignee agrees to be bound by these Terms. Tracker may assign these Terms without restriction.

No waiver of any provision will be effective unless in writing and signed by the party granting the waiver. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

The headings in these Terms are for convenience only and do not affect interpretation. The word “including” means “including without limitation.”

29. Contacting Us

If you have questions about these Terms, please contact us at:

Tracker Group, Inc.
Attn: Legal Notices
187 Wolf Road, Suite 300
Albany, NY 12205
Email: legal@mytracker.ai