Terms and conditions

Effective Date: Nov 20, 2024

Welcome to Trakem Solutions!

These Terms and Conditions (“Terms”) govern your use of our website [www.trakem.net] and our subscription service for "Done for you Business Management service".

By accessing or using our service, you agree to be bound by these Terms.

Subscription Service

1.1 Subscription Plans

We offer various subscription plans for our service. Details of the plans, including pricing and features, are available on our website. By subscribing, you agree to pay the subscription fees and any applicable taxes.

1.2 Payment Processing

All payments are processed securely through Stripe or similar platforms. By providing your payment information, you authorize us to charge the applicable subscription fees to your payment method.

1.3 Subscription Term and Renewal

Your subscription will continue for the term specified in your plan and will automatically renew at the end of each term unless you cancel your subscription before the renewal date.

1.4 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. If you cancel, you will continue to have access to the service until the end of your current subscription term. Refunds are not provided for partial subscription terms.

1.5 Trials

Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, Trakem reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services in Trakem's sole discretion.

1.6 Late Fees and Payment Failures

In the event of late payment or payment failure, a late fee may be applied to your account. The balance will continue to accrue until the outstanding amount is paid in full.

1.7 Pricing Modifications

Trakem Solutions reserves the right to modify the pricing of its services at any time. Any changes to the pricing for recurring billing will be communicated to the customer at least 30 days in advance. Add-on services or new features may be offered at an additional cost, which will be updated on our website under the pricing section. Continued use of the service after the effective date of the price change constitutes acceptance of the new pricing. If the customer does not agree to the new pricing, they may terminate their subscription by providing written notice to Trakem Solutions before the effective date of the price change.

Add-On Services and Pricing

As part of your subscription, you have access to our core features. However, some services may require additional fees depending on your usage. Below are the details of these services:

1. Variable Pricing for Add-On Services:

SMS/WhatsApp: Usage of SMS or WhatsApp messaging services will incur additional charges based on the number of messages sent. Please refer to our pricing page for up-to-date rates.

AI Services: If you opt to utilize AI-powered tools within our platform, an additional charge will be applied depending on the frequency and volume of use. The rates for these services will be calculated on a per-use basis.

Other Add-Ons: Additional services, such as phone number provision and premium messaging features, will also incur extra charges. For detailed pricing, please inquire directly.

2. Edits and Changes to Emails & Landing Pages:

Included Edits: You are entitled to 3 edits per month to emails and landing pages as part of your subscription. These edits can be used for minor text updates, image replacements, and other basic modifications to emails and landing pages.

Additional Edits: Any requests beyond the 3 included edits will be subject to a $27 fee per request. This includes both content changes and design adjustments. Please note that all requests will be processed in the order they are received. Based on the complexity of the change, turnaround would be 3-5 business days. All edit requests must be made through our online system only.

3. Website Creation, Updates, and Maintenance:

Website Services: Website creation, ongoing updates, and general website maintenance are not included in your subscription package. These services are available as add-ons, and pricing will vary based on the scope and complexity of the work required. For inquiries or to request a quote for website-related services, please contact us directly.

The terms above are considered additional services and are subject to the same payment terms outlined in the "Payment Processing" section. Any add-on services will be charged separately to the same card on file, and you will be invoiced accordingly. You will be invoiced separately for the additional changes and website maintenance.

Use of Service

2.1 Account Registration

You must register for an account to use our service. You agree to provide accurate and complete information during the registration process and to keep your account information up to date.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

2.3 Acceptable Use

You agree to use our service only for lawful purposes and in accordance with these Terms. You agree not to:

Use the service in any way that violates any applicable federal, state, local, or international law or regulation.Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the service, or which, as determined by us, may harm us or users of the service.Use the service in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the service.

Intellectual Property

3.1 Ownership

All content, features, and functionality of the service, including but not limited to text, graphics, logos, and software, are the exclusive property of Trakem Solutions and are protected by copyright, trademark, and other intellectual property laws.

3.2 License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the service for your personal or business use in accordance with these Terms.

Privacy

Your use of the service is also governed by our Privacy Policy, which can be found here. By using the service, you consent to the collection and use of your information as described in the Privacy Policy.

Limitation of Liability

To the fullest extent permitted by law, Trakem Solutions 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 or inability to use the service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.

Changes to Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page.

Contact Us

If you have any questions about these Terms, please contact us at: [email protected]

Dispute Resolution

Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute.

Taxes

All Fees are exclusive of any sales, VAT, GST, and use taxes, levies, fees, duties, interest, penalties, and other governmental assessments (“Taxes”) unless mentioned otherwise in these Terms.

Platform Modifications

We reserve the sole right to either modify or discontinue the platform, including any services or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the addition of free or fee-based services. Any new features that augment or enhance the then-current services on this platform shall also be subject to these Terms of Service. All price changes will be effective from the next subscription renewal date unless communicated explicitly via our blogs or email to you.