Terms and Conditions of Use for MakTrack TMS

1. Introduction.

These Terms and Conditions ("Agreement") constitute a binding legal agreement between the user ("You") and the owner and operator of MakTrack, referred to as ("We", "Us", "Our"). By accessing, using, or registering on our platform ("Site"), You agree to be bound by this Agreement. We reserve the right to modify or discontinue the Site and this Agreement, in part or in whole, at any time, with or without prior notice. Continued use of the Site constitutes Your acceptance of any modifications. If You do not agree to these Terms and Conditions, do not use the Site.

2. Use of the Site.

The use of this Site is at Your sole risk. The Site and its contents are provided "as is" and "as available" without warranty of any kind, express or implied. While We strive to maintain the accuracy of the content, We make no representations or warranties of any kind, including but not limited to warranties of fitness for a particular purpose, merchantability, or non-infringement of intellectual property. You acknowledge that the Site may contain bugs, errors, inaccuracies, and security vulnerabilities. In fact, given the complexity of the platform and the nature of internet services, it is quite possible (and probable) that issues will arise. You hereby acknowledge and accept that Our system may fail, bugs may go unresolved, and in some scenarios, data may be compromised.

3. User Obligations.

By using the Site, You agree to comply with all applicable laws, statutes, ordinances, and regulations. You are solely responsible for the security of Your account credentials, including but not limited to login, passwords, and the devices used to access the Site. While We provide security measures, You acknowledge that these may be insufficient to prevent unauthorized access, hacking, or malicious activity. You expressly agree that We shall not be held liable for any data breaches, losses, or damages, even if such breaches or damages arise from known vulnerabilities.

4. Bugs and Platform Stability.

We work diligently to identify and rectify any software bugs. However, due to the inherent complexity of software development and online systems, We do not guarantee that the Site will be error-free or uninterrupted. By using this platform, You accept that the software may contain bugs that could affect functionality, cause delays, or result in data loss. Furthermore, any updates or patches made to resolve one issue may introduce additional unforeseen problems. In the event that You encounter such bugs, You agree not to hold Us responsible for any damages or inconvenience caused, including but not limited to loss of profits, business, or data.

5. Security and Confidentiality.

Security is of utmost importance to Us; however, given the nature of online platforms, no system is immune to potential vulnerabilities. While We employ industry-standard security measures, You understand and agree that We cannot guarantee the absolute security of Your information, including sensitive data such as financial information, user credentials, or proprietary business details. By continuing to use the Site, You expressly waive any claims against Us for damages resulting from breaches, unauthorized access, or other security-related incidents, whether known or unknown, foreseeable or unforeseeable.

6. Limitations of Liability.

To the maximum extent permitted by applicable law, We shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way related to Your use of, or inability to use, the Site. This includes, but is not limited to, damages for loss of business profits, business interruption, loss of business information, loss of data, or any other pecuniary loss. You acknowledge that while We attempt to mitigate risk, We make no guarantees as to the security, reliability, or availability of the Site. You further agree that the existence of any bug, defect, or vulnerability in Our system is not a basis for a claim of negligence or breach of contract.

7. Data and Privacy.

By using the Site, You acknowledge that We may collect, store, and process data related to Your use. While We aim to protect Your privacy in accordance with applicable laws, You agree that We cannot be held responsible for the misuse, theft, or unauthorized access of any data, particularly in instances where security vulnerabilities may exist. You are responsible for safeguarding Your own sensitive data, and You agree not to hold Us liable for any incidents that occur, regardless of whether such incidents are attributable to bugs, cyber-attacks, or other unforeseen issues.

8. Termination.

We reserve the right to terminate or suspend Your access to the Site at Our discretion, without notice or liability. Any such termination may occur as a result of system bugs, security concerns, or other operational disruptions. We are not obligated to provide any explanation or remedy for such actions, nor will We be liable for any damages or losses incurred as a result of Your termination from the Site.

9. Indemnification.

You agree to indemnify, defend, and hold harmless MakTrack, its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses arising out of or in connection with Your use of the Site, including but not limited to any security breaches, bugs, or malfunctions that may occur during Your use.

10. Governing Law.

This Agreement shall be governed by, and construed in accordance with, the laws of the jurisdiction in which We operate, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

11. Severability.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of MakTrack to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

12. Entire Agreement

This Agreement constitutes the entire understanding between You and Us regarding the use of the Site and supersedes all prior agreements, written or oral, relating to its subject matter.

13. Payment Processing

We use a third-party payment processor, Stripe, to handle payments made on our platform. Stripe processes payments in accordance with their own privacy policies and terms. We do not store any credit card information on our servers. Any payment-related information you provide will be sent directly to Stripe, which complies with industry standards for secure payment processing. By making a payment, you agree to the handling of your payment data by Stripe. For more information, please review Stripe’s Privacy Policy and Terms of Service.

14. Contact Us.

If you have any questions about these Terms, please .