Our partnership agreement with auto repair shops
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Partner," "you," or "your") and Trackara LLC ("Trackara," "we," "us," or "our") governing your access to and use of the Trackara platform, including our website, shop partner portal, custom-branded mobile applications, and related services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service. If you are accessing and using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" shall refer to such entity.
Please read these Terms carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using our Service, you agree to the Terms set forth herein.
Throughout these Terms, the following definitions apply:
To use the Service as a Shop Partner, you must create an account. When registering for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
You may not:
We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we determine that your use of the Service poses a security risk.
As a Shop Partner, you are entering into a partnership with Trackara to provide enhanced digital services to your customers. The following terms specifically govern this partnership:
All Shop Partners subscribe to Trackara's platform on a monthly basis. There are no setup fees or long-term contracts required. The partnership includes:
All development and onboarding are included in your monthly subscription at no additional cost.
While using the Trackara Service, you may continue to use other marketing, scheduling, and shop management tools. However, by accepting these Terms, you agree not to develop or deploy another custom-branded mobile application specifically for your shop while you maintain an active Trackara partnership.
In some geographic areas, we may offer limited market protection to prevent oversaturation of Trackara-powered apps among competing shops. Market protection, if offered, will be specified in a separate agreement and is not guaranteed by these Terms.
Trackara reserves the right to approve or deny partnership applications based on geographic location, business reputation, service quality, or other factors at our sole discretion.
Trackara operates on a subscription-based pricing model. As a Shop Partner, you agree to pay Trackara a monthly subscription fee based on your selected plan:
The base platform subscription is required to use any add-on features. Add-ons can be added or removed at any time, with changes taking effect at the next billing cycle.
You will have access to a dashboard showing customer activity, appointment metrics, loyalty program analytics, and widget performance. Your subscription includes unlimited usage of all subscribed features with no per-transaction fees or usage limits.
Subscription payments will be processed as follows:
You agree to maintain accurate payment information. If you believe there is a billing error, you must contact Trackara within 30 days of the charge appearing on your account. Disputes submitted after 30 days may not be eligible for review.
Subscription fees are charged monthly in advance and are non-refundable. If you add features mid-cycle, you will be charged the prorated amount for the remainder of the month. If you remove features mid-cycle, the change will take effect at your next billing date with no refund for the current month.
Trackara will develop a custom-branded Mobile Application for your shop based on the information and assets you provide. The standard development timeline is approximately 3-4 weeks from initial consultation to app store submission, though actual availability in app stores depends on Apple and Google review processes. Your app will include the features specified in your partnership agreement.
You will provide Trackara with your shop's branding assets (logo, colors, images, etc.), service information, pricing, and other content necessary to customize your Mobile Application. You are responsible for ensuring that all provided content is accurate, up-to-date, and does not violate any third-party rights.
The Mobile Application developed for your shop remains the property of Trackara. You receive a limited license to use and promote the Mobile Application as specified in these Terms for the duration of our partnership. Upon termination of the partnership, Trackara may remove your Mobile Application from app stores and discontinue its operation.
Trackara will submit your Mobile Application to the Apple App Store and Google Play Store under Trackara's developer accounts. App store approval is subject to Apple and Google's respective policies and is not guaranteed. You acknowledge that:
Trackara will maintain and update your Mobile Application to ensure compatibility with new operating system versions, fix bugs, and implement security updates. Feature updates and enhancements will be deployed according to our development roadmap. You acknowledge that:
Your Mobile Application will include features based on your selected plan tier. Core features typically include:
Trackara integrates with various shop management systems including Mitchell1, Shop-Ware, Tekmetric, AutoVitals, Shopmonkey, and others. For integration with these systems:
You retain ownership of all customer and business data you provide to Trackara or that is collected through your Mobile Application. Trackara has a limited license to use this data solely for the purposes of providing and improving the Service. Upon termination of our partnership, Trackara will:
Trackara implements reasonable security measures to protect your data. You agree to:
Trackara may collect and analyze anonymized and aggregated data about app usage, appointment booking patterns, and customer behavior to improve our services. This analysis will not identify individual customers or shops without your consent.
You are responsible for obtaining all necessary consents from your customers for the collection and processing of their personal information through the Mobile Application. Trackara will process customer data in accordance with our Privacy Policy and applicable data protection laws. You agree to provide your customers with appropriate privacy notices regarding the use of their data in the Mobile Application.
As a Shop Partner, you agree to:
Failure to meet these partner obligations may result in reduced app visibility, suspension of new feature deployment, or termination of the partnership at Trackara's discretion.
These Terms commence on the date you create an account and continue on a month-to-month basis until terminated by either party. There are no long-term contracts or minimum commitments required.
You may terminate these Terms at any time by providing 30 days' written notice to Trackara. There are no long-term contracts or early termination fees. Upon termination:
Trackara may terminate these Terms:
Upon termination of these Terms:
All intellectual property rights in the Service, including the software, features, functionality, design elements, and underlying technology, are owned by Trackara. Nothing in these Terms transfers any Trackara intellectual property rights to you.
You retain ownership of all Content you provide to Trackara for use in your Mobile Application. You grant Trackara a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such Content solely for the purpose of providing the Service to you and your customers.
You grant Trackara permission to use your shop's name, logo, and basic information for:
If you provide feedback, suggestions, or ideas about the Service, Trackara may use this feedback without restriction or compensation to you.
Each party may receive confidential information from the other in the course of their partnership. "Confidential Information" includes non-public business information, customer data, pricing, technical specifications, and other sensitive information marked confidential or that would reasonably be understood to be confidential.
Each party agrees to:
This obligation of confidentiality does not apply to information that:
Trackara represents and warrants that:
You represent and warrant that:
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND. TRACKARA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TRACKARA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. TRACKARA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RELATING TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRACKARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER OR NOT TRACKARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TRACKARA'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TRACKARA DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Trackara and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
Trackara agrees to defend, indemnify, and hold harmless you and your officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim; (b) give the indemnifying party sole control of the defense and settlement of the claim (provided that the indemnifying party may not settle any claim unless it unconditionally releases the indemnified party of all liability); and (c) provide reasonable assistance to the indemnifying party, at the indemnifying party's expense.
Before filing a claim against Trackara, you agree to attempt to resolve the dispute informally by contacting us at support@trackara.app. We'll attempt to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 30 days, you or Trackara may proceed with formal dispute resolution.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION SHALL BE CONDUCTED IN DALLAS, TEXAS, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
YOU AND TRACKARA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.
Trackara reserves the right to modify these Terms at any time. We will provide notice of material changes by:
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.
These Terms constitute the entire agreement between you and Trackara regarding the Service and supersede all prior agreements and understandings, whether written or oral.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible under law.
Trackara's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
You may not assign or transfer these Terms or any rights or obligations hereunder without Trackara's prior written consent. Trackara may assign or transfer these Terms, in whole or in part, without restriction.
Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems, or internet service provider failures.
These Terms shall be governed by the laws of the State of Utah, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Notices to you may be made via email, regular mail, or through the Service. Trackara may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the website or within the partner portal.
Notices to Trackara should be sent to the address listed in the Contact Information section.
If you have any questions about these Terms, please contact us: