TrackPoint Terms and Conditions

Age Requirement

You must be at least 18 years of age or the age of majority in your jurisdiction to create an account and use our Services.

Account Security

You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Account Use

Accounts are intended for individual use only. You may not share, sell, or transfer your account to another person. Each user must create and use their own account. Account sharing is strictly prohibited and may result in account termination.

Your Content

You are solely responsible for the content you upload, record, or create while using our Services, including video and audio recordings ("User Content"). You represent and warrant that you own or have the necessary rights and permissions to use and share your User Content.

Personal Use Only: You may only upload User Content that features yourself. You must not upload content that includes other individuals without their explicit consent. By uploading User Content, you confirm that you are the sole subject of all recordings and that you have not included any third-party content without authorization.

Ownership

You retain all ownership rights to your User Content. We do not claim any ownership over it.

License to Us

By using the Services, you grant TrackPoint a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, process, and display your User Content solely for the purpose of providing, maintaining, and improving the Services for you. This includes generating AI-powered feedback. We do not use your User Content to train our AI models.

Third-Party Content Consent

If your User Content incidentally includes the voice, image, or likeness of any other person, you represent and warrant that you have obtained all necessary permissions, consents, and releases from such individuals. You agree to indemnify and hold TrackPoint harmless from any claims arising from your failure to obtain such consents.

Data Storage and Control

As detailed in our Privacy Policy, all your User Content is stored securely. You can access and permanently delete your User Content at any time through your account. Deletion is immediate and irreversible.

Subscription Plans

We offer various subscription plans. The features, limits, and pricing of these plans are described on our website.

Billing

By purchasing a subscription, you authorize us to charge your chosen payment method on a recurring basis until you cancel.

Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will be effective at the end of the current billing cycle. Fees are non-refundable except where required by law.

"As Is" Service

The Services are provided on an "as is" and "as available" basis without warranties of any kind.

AI-Generated Content Disclaimer

The feedback and analysis generated by our AI are for informational and educational purposes only. You acknowledge and agree that:

• AI-generated feedback is not guaranteed to be accurate, complete, reliable, or error-free.
• AI systems may contain biases, limitations, or inaccuracies that could affect the quality and appropriateness of feedback provided.
• Our Services are not a substitute for professional coaching, counseling, medical advice, legal advice, or any other professional services.
• You assume all risk associated with your use of AI-generated feedback and any decisions you make based on such feedback.
• We disclaim all liability for the accuracy, completeness, appropriateness, or usefulness of any AI-generated content.
• You should use your own independent judgment and, where appropriate, seek professional advice before relying on or implementing any AI-generated suggestions.

No Warranty

We disclaim all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy of AI-generated content. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Limitation of Liability

To the fullest extent permitted by law, TrackPoint shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (i) your use of or inability to use the Services; (ii) any AI-generated content or feedback; (iii) unauthorized access to or alteration of your data; or (iv) any other matter relating to the Services. In no event shall our aggregate liability exceed the amount you paid us, if any, in the past twelve months.

Modifications

We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to use the Services after revisions become effective, you agree to be bound by the revised Terms.

Entire Agreement

These Terms, along with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and TrackPoint regarding our Services.