End User License Agreement

END USER LICENSE AGREEMENT (EULA) FOR TRACKIFY

Effective Updated: January, 2025

This End User License Agreement (“Agreement”) is a legally binding contract between you (“User” or “you”) and Commercial Vehicle Compliance T/as Trackify (“Trackify,” “we,” “our,” or “us”). This Agreement governs your access to and use of the Trackify software and services, including the web-based application, mobile applications, and any associated documentation (collectively, the “Software”). By installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, you must not install, access, or use the Software.

1. LICENSE GRANT

Trackify grants you a limited, non-exclusive, non-transferable, and revocable license to use the Software for your business operations in accordance with this Agreement. This license is subject to compliance with all terms and conditions set forth herein.

2. RESTRICTIONS

You shall not:

  • Copy, modify, reverse engineer, decompile, or disassemble the Software.
  • Rent, lease, sell, sublicense, or distribute the Software to any third party.
  • Circumvent any security measures or access controls within the Software.
  • Use the Software in violation of any applicable laws, regulations, or industry standards.
  • Attempt to gain unauthorized access to any part of the Software, related systems, or networks.

3. USER RESPONSIBILITIES

  • You are responsible for maintaining the confidentiality of your account credentials.
  • You must ensure that all data you input into the Software complies with applicable laws and does not infringe on the rights of any third party.
  • You agree not to use the Software for fraudulent, illegal, or unauthorized activities.

4. OWNERSHIP & INTELLECTUAL PROPERTY

Trackify retains all rights, title, and interest in and to the Software, including all intellectual property rights. No ownership rights are transferred to you under this Agreement. Any feedback, suggestions, or ideas provided by you may be used by Trackify without obligation or compensation.

5. DISCLAIMER OF WARRANTIES

The software is provided “as is” without warranty of any kind. To the maximum extent permitted by law, Trackify disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Trackify does not warrant that the software will be error-free, secure, or operate without interruption. 

6. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Trackify shall not be liable for any indirect, incidental, special or consequential, or exemplary damages arising out of or in connection with the software or this agreement. Trackify’s total liability under this agreement shall not exceed the amount you have paid for access to the software in the past 12 months. 

7. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Trackify, its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the Software in violation of this Agreement.
  • Your violation of any law, regulation, or third-party rights.
  • Any content or data you input into the Software that causes harm to any third party.

8. TERMINATION

Trackify may terminate this Agreement immediately if you breach any term of this Agreement. Upon termination:

  • Your access to the Software will be revoked.
  • You must cease all use of the Software and delete any associated materials in your possession.
  • Trackify reserves the right to delete or suspend your account and associated data in accordance with its data retention policies.

9. DATA PRIVACY & SECURITY

Trackify collects and processes user data in accordance with its Privacy Policy. You acknowledge that while Trackify implements industry-standard security measures, no system is completely secure, and you use the Software at your own risk.

10. THIRD-PARTY SERVICES

The Software may integrate with third-party services. Trackify is not responsible for any third-party services, their availability, or their data handling practices. Your use of such services is subject to their respective terms and policies.

11. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of  Australia. Any disputes shall be resolved through arbitration or mediation as required by applicable law before resorting to litigation.

12. MODIFICATIONS TO THIS AGREEMENT

Trackify reserves the right to modify this Agreement at any time. Users will be notified of any material changes. Continued use of the Software after the changes take effect constitutes acceptance of the revised terms.

13. CONTACT INFORMATION

If you have any questions regarding this Agreement, please contact:

Commercial Vehicle Compliance T/as Trackify
 Website: https://trackify.com.au
 Email: support@trackify.com
Phone: +61 8 7562 8883
Address: 14/197 St Georges Terrace, Perth, Western Australia 6000, Australia 

By clicking “Accept” or continuing to use the Software, you acknowledge that you have read, understood, and agree to be bound by this Agreement.