Terms of Service

1. Acceptance of Terms

By accessing or using the Trakko platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Trakko provides a cloud-based CRM dialer and communication platform designed for insurance agencies. The Service includes call management, real-time monitoring, agent management tools, analytics, and related features as described on our website. We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

3. Account Registration & Responsibilities

To use the Service, you must register for an account and provide accurate, complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account.

You are responsible for ensuring that all users within your organization comply with these Terms and that appropriate access controls are configured for your account.

4. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Make calls without proper consent as required by applicable telemarketing laws
• Transmit spam, unsolicited messages, or fraudulent communications
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell, sublicense, or redistribute the Service without our written consent

5. TCPA & Compliance Obligations

While our platform includes features designed to support compliance with the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule (TSR), and state-level telemarketing regulations, you are solely responsible for:

• Obtaining and maintaining all required consents before placing calls
• Honoring federal and state do-not-call (DNC) registry requirements
• Complying with calling-time restrictions in all applicable jurisdictions
• Maintaining proper records of consent and call activity as required by law
• Ensuring all agents are properly licensed in the states where they conduct business

Trakko does not provide legal advice. We recommend consulting with a qualified attorney to ensure your calling practices comply with all applicable laws.

6. Intellectual Property

The Service, including its software, design, text, graphics, and all other content, is owned by Trakko and protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms. You retain ownership of all data you upload to the Service.

7. Payment & Billing

Paid plans are billed monthly in advance unless otherwise agreed. All fees are non-refundable except as expressly stated in these Terms or required by law. We reserve the right to change pricing with 30 days' written notice. If you do not agree to a price change, you may cancel your subscription before the new pricing takes effect.

Overages for usage beyond your plan's included allowances (additional minutes, seats, phone numbers, SMS) are billed at the rates listed on our Pricing page and charged at the end of each billing cycle.

8. Service Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. We may perform scheduled maintenance with advance notice. We are not liable for any downtime, data loss, or service interruptions caused by factors beyond our reasonable control, including third-party service providers, internet outages, or force majeure events.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAKKO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

You may cancel your account at any time through your account settings or by contacting support. We may suspend or terminate your access to the Service if you violate these Terms, fail to pay fees when due, or engage in activity that poses a risk to the Service or other users. Upon termination, your right to use the Service ceases immediately. We will make your data available for export for 30 days following termination.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms. If you do not agree with the updated Terms, you must stop using the Service.

13. Contact Us

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

Trakko
Email: legal@trakko.co