Terms of Service

These terms are an agreement between you and Marxon Company ("we", "us"), who runs Tracktor at staging.tracktorapp.com and in our apps (the "service"). By creating an account or using the service you agree to them. If you don't agree, don't use the service.

1. What Tracktor does

Tracktor helps you keep track of maintenance on tractors and other hour-metered equipment: you log engine hours and service, set maintenance intervals, and get reminders when service is coming due.

2. Your account

• You must be at least 18 (or the age of majority where you live) to subscribe to a paid plan, and at least 13 to use the service at all.
• Give us accurate information, including an email address you can receive mail at, and keep your password to yourself. You're responsible for what happens under your account.
• Tell us right away at support@tracktorapp.com if you think someone else has used your account.

3. Locations and the people you share with

Machines belong to a location. You can invite other people to a location; owners can manage its people, and any member can add and change its machines, tasks and records. You're responsible for who you invite. The location's account holder (usually whoever created it) is the one whose plan covers it.

An owner can also connect a location to a dealer or service provider (a "shop"). The shop's people can then see that location's machines and records and add hours, service and repairs they did; they can't change or delete your machines or tasks. Either side can disconnect at any time, and what the shop recorded stays in your history. Shops are independent businesses: Tracktor doesn't vet them, isn't a party to the work you arrange with them, and isn't responsible for it or for what they record. Shops agree to use customers' information only to service those customers' equipment.

4. Maintenance information is a guide, not a guarantee

Always follow your equipment's operator's manual and the manufacturer's instructions. Intervals, schedules, due dates, usage estimates and reminders in Tracktor are only as good as the information entered, and they can be wrong or late. Shared ("public") schedules are written by other users. We review them before they're published, but we don't check them against manufacturers' requirements and don't guarantee they're right for your machine. Reminders depend on email delivery, which can fail.

You remain responsible for maintaining and operating your equipment safely and for checking every interval and reminder against your operator's manual. To the extent the law allows, we are not responsible for damage, wear, breakdowns, voided warranties or other loss that results from relying on information in the service, including schedules shared by other users, usage estimates, photo readings and reminders that are late, wrong or not delivered. This doesn't limit our liability for death or personal injury caused by our negligence, or for fraud.

5. Reading the hour meter from a photo

When you use "Read from a photo", your photo is sent to an AI service to read the number, as described in the privacy policy. The result is shown to you to check and is never saved until you confirm it. Readings can be wrong; check the number before saving.

6. Your content

You own what you put into Tracktor (machine details, hours, service records, notes and photos). You let us store, process and display it to run the service for you and the people you share a location with.

If you share a schedule publicly, you give us a worldwide, royalty-free, non-exclusive, perpetual and irrevocable license to host, show, copy, adapt (for example, cleaning up its name and source) and distribute it as part of the service, and to let other users copy and use it. Copies that others have already made are theirs to keep if you or we later withdraw the schedule or your account is deleted. You confirm you have the right to share it: intervals and your own notes are fine; don't paste in copyrighted manual text.

If you send us ideas or feedback, we may use them without any obligation to you.

7. Plans and payment

• Some features need a paid plan. Plans, prices and limits are shown on the pricing page and on your Billing page.
• Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns. Paddle's buyer terms apply to your purchase.
• Paid plans are monthly subscriptions that renew automatically at the price shown when you subscribed (plus any applicable tax) until you cancel. You can cancel at any time on the Billing page; cancellation takes effect at the end of the current billing period, you won't be charged again, and you keep the paid plan until then. When you add or remove extra machines or switch plans partway through a period, the change applies right away and the prorated difference is charged or credited on your next bill.
• We may change prices. We'll email you at least 30 days before a new price applies to your subscription; if you don't want to pay it, cancel before your next renewal.
• Refunds are covered by our refund policy.

Buy links. Buy links on the shopping list open an Amazon search for that part. As an Amazon Associate we earn from qualifying purchases; it doesn't change what you pay. Anything you buy there is between you and Amazon or the seller, under their terms. We don't check that a part fits your machine, so match part numbers against your operator's manual or dealer.

8. When you have more than your plan allows

If your plan ends or changes and you have more locations or machines than it allows, the extras become read-only ("locked"). You can choose which stay active. Locked machines and their history may be permanently deleted after 60 days unless you upgrade or remove other machines. We email the location's owners 30, 7 and 1 days before anything is deleted. You can download a machine's service history (as a spreadsheet or a printable page) at any time before then.

9. Acceptable use

Don't use the service to:

• break the law or infringe anyone's rights;
• upload malware, or try to get into accounts, locations or data that aren't yours;
• overload, scrape or probe the service, create accounts by automated means, or get around plan limits;
• share schedules you know are wrong or misleading, or send invitations as spam.

10. Support access

To run the service and help you, our administrators can see account and equipment information and can sign in as you to investigate a problem. They only do so for support, safety, billing or to enforce these terms, and every such access is recorded. See the privacy policy.

11. Suspension and ending your account

You can stop using the service and delete your account at any time from your profile; any paid subscription is canceled when you do. What happens to your data is described in the privacy policy. We may suspend or close accounts that break these terms or put the service or other users at risk. Where we reasonably can, we'll tell you first and give you a chance to save your records. If we close your account without cause, we'll refund any unused part of a prepaid period.

12. Changes to the service

We keep improving Tracktor and may change or remove features. If we stop offering the service entirely, we'll give at least 30 days' notice and refund any unused part of a prepaid period.

13. Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE OR REMINDERS WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. Some places don't allow these exclusions, so they may not apply to you; consumers in the EU and UK keep their statutory rights.

14. Limit of liability

To the extent the law allows: (a) we aren't liable for indirect, incidental, special, consequential or punitive losses, or for lost profits, revenue, data, crops or use of equipment; and (b) our total liability for all claims relating to the service is limited to the greater of the amounts paid for your subscription (through Paddle) in the 12 months before the event giving rise to the claim, and US$50. These limits don't apply to liability for death or personal injury caused by our negligence, fraud, gross negligence or willful misconduct, or anything else the law doesn't allow us to limit. Nothing in these terms affects your statutory rights as a consumer.

15. Responsibility for your use

If someone makes a claim against us because of content you shared, your misuse of the service, or your breach of these terms, you'll cover our reasonable costs of that claim. This section doesn't apply to consumers in the EU or UK, or where the law doesn't allow it.

16. Changes to these terms

We may update these terms. For changes that matter, we'll email you or tell you in the app at least 30 days before they take effect. If you don't agree, you can cancel before then (and for paid plans, the old terms continue until the end of your current billing period). Using the service after the changes take effect means you accept them.

17. Governing law

These terms are governed by the laws of the Commonwealth of Pennsylvania, United States, except where the law where you live gives you the right to rely on its own consumer protections.

18. Disputes

If you have a problem, contact us first at support@tracktorapp.com; we'll try to resolve it informally within 30 days. If we can't, either of us may bring a claim in small-claims court, or in the state or federal courts located in Pike County, Pennsylvania, and we both agree to those courts' jurisdiction. If you're a consumer in the EU or UK, you can also bring proceedings in the courts where you live.

19. General

• Assignment: you may not transfer your account; we may transfer these terms as part of a sale or reorganization of the service, and will tell you if we do.
• Notices: we'll send notices to your account's email address; you can reach us at support@tracktorapp.com.
• Events outside our control: we aren't responsible for delays or failures caused by events beyond our reasonable control, including outages of email, hosting or payment providers.
• Severability: if part of these terms is unenforceable, the rest still applies.
• No waiver: not enforcing a term isn't a waiver of it.
• Entire agreement: these terms, the privacy policy, the refund policy and Paddle's buyer terms are the whole agreement between us about the service.
• Survival: the sections on content licenses, disclaimers, limits of liability, responsibility for your use, disputes and these general terms continue after your account ends.

20. Contact

Questions about these terms: support@tracktorapp.com, or use our contact form.