Terms of Service for the CROSStrax Platform | CROSStrax

Terms of Service

The following terms and conditions (“Terms of Service”) represents the complete agreement and understanding between you and CROSStrax (“CROSStrax”) regarding the use of CROSStrax’s online service applications (collectively, the “Service”).

CROSStrax reserves the right to modify or revise the Terms of Service at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the Terms of Service.

Eligibility

You must provide your current, accurate identification, contact, and other information needed in order to complete the initial signup process. CROSStrax reserves the right to refuse service to anyone at any time without notice for any reason.

Proper Use

You may not use the Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction as well as the laws of the United States. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without the express written permission of CROSStrax. You must not transmit any worms or viruses or any code of a destructive nature to and from the Service. Your Service login may only be used by one person – a single login shared by multiple people is not permitted. You are responsible for maintaining the confidentiality of your Service username and password. CROSStrax cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. A breach or violation of any of the Proper Use conditions as determined in the sole discretion of CROSStrax will result in an immediate termination of your Service.

Payment, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for all accounts. The free trial offer entitles new accounts to a one-time free trial usage of the Service. If you upgrade your account to a paid plan during your free trial, you will be billed for your first month immediately upon upgrading. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, plan upgrades/downgrades, or refunds for months unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes. For any upgrade in plan level, your credit card that you provided will be charged on a prorated basis on your next billing cycle. For any downgrade in plan level, your credit card that you provided will be charged the new plan rate on your next billing cycle. Downgrading your Service may cause a loss of data, features, or capacity of your account and CROSStrax does not accept any liability for such loss.

Modification to Fees and Services

CROSStrax reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. CROSStrax reserves the right to change Service fees upon a minimum of 30 days notice. Such notice may be provided at any time by posting the changes to the CROSStrax website (CROSStrax.co) or the Service itself.

Cancellation and Termination

You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the “Settings” tab (your name at the top right side of the screen) and then clicking the “Manage Account” link. Then click the “Cancel Plan” button. All of your data will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. An email or phone request to cancel your account is not considered cancellation. There will be no refund if you cancel the Service before the end of your current, paid-up month, and you will not be charged thereafter. There is no cancellation fee. CROSStrax, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account, and the forfeiture and relinquishment of all data in your account.

Copyright and Data Ownership

You acknowledge that CROSStrax owns all rights, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by United States and international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. CROSStrax does not claim intellectual property rights or own any data, information, or material that you submit to CROSStrax in the course of using the Service.

Logical Data Isolation and Segregation

CROSStrax enterprise cloud services are multitenant services, meaning that your data, deployments, and virtual machines may be stored on the same physical hardware as that of other customers. When data from many customers is stored at a shared physical location, CROSStrax logically segregates storage and processing for different customers through specialized technology engineered to help ensure that your customer data is not combined with anyone else’s data.

We also take strong measures to protect customer data from inappropriate use or loss and to prevent customers from gaining access to one another’s data. Additional safeguards include proper controls for administrative access such as secure user authentication.

Warranty Disclaimer

CROSStrax does not warrant that (i) the Service will meet your requirements or expectations, (ii) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) any stored data will be accurate or reliable, and (iv) any bugs or errors in the Service will be corrected. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without warranties from CROSStrax of any kind, either express or implied. CROSStrax expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Liability and Indemnification

You waive and shall not assert any claims or allegations of any nature whatsoever against CROSStrax, its affiliates, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) arising out of or in any way relating to your use of the Service, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Service.

Without limitation of the foregoing, neither CROSStrax nor any other Released Party shall be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Service, including without limitation any damages caused by or resulting from your reliance on the Service or other information obtained from CROSStrax or any other Released Party or accessible via the Service, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to CROSStrax or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of CROSStrax, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Service exceed any compensation paid by you for access to or use of the Service, as the case may be, during the three months prior to the date of any claim.

You shall defend, indemnify and hold harmless CROSStrax and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Service, and from the use of the Service by any person to whom you give access to your account (including your staff, third-party affiliates, and customers).

Questions

If you have any questions regarding the Terms of Service, please email info@crosstrax.co
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