TERMS OF USE
Effective Date: July 25, 2026
Last Updated: July 25, 2026
These Terms of Use (“Terms”) constitute a legally binding agreement between you and TRAKR LLC (“TRAKR,” “we,” “us,” or “our”) governing your access to and use of the TRAKR mobile application, the TRAKR website, and all related software, features, content, communications, products, and services that we make available (collectively, the “Services”).
Please read these Terms carefully. By creating an account, accessing or using the Services, submitting or responding to a tracking request, purchasing a subscription or product, or otherwise indicating your acceptance of these Terms, you agree to be bound by them.
If you do not agree to these Terms, you may not access or use the Services.
1. ABOUT TRAKR
TRAKR provides a technology platform designed to connect hunters seeking assistance recovering wounded game animals with independent tracking teams, dog handlers, drone operators, state tracking networks, and other recovery-service providers.
The Services may also provide educational content, mapping features, location tools, recovery data, analytics, estimated recovery probabilities, recommended wait times, reviews, tracker profiles, business-management tools, virtual business cards, shot-placement tools, three-dimensional animal models, GPS track recording, and other informational or operational features.
TRAKR IS A TECHNOLOGY PLATFORM. TRAKR IS NOT A HUNTING GUIDE, OUTFITTER, WILDLIFE AGENCY, LAW-ENFORCEMENT AGENCY, EMERGENCY SERVICE, VETERINARY SERVICE, PROPERTY-SURVEYING SERVICE, OR PROVIDER OF ANIMAL-RECOVERY SERVICES.
Unless TRAKR expressly states otherwise in writing, tracking and recovery services are provided by independent users and not by TRAKR.
2. ELIGIBILITY
You must be at least 18 years old and legally capable of entering into a binding agreement to create an account or independently use the Services.
A person under 18 may use the Services only under the direct supervision of a parent or legal guardian who:
a. is at least 18 years old;
b. has reviewed and accepted these Terms;
c. assumes responsibility for the minor’s use of the Services; and
d. participates in any communications or arrangements involving tracking or recovery services.
You may not use the Services if you have previously been suspended or removed from the Services unless TRAKR has provided written authorization permitting you to return.
3. DEFINITIONS
For purposes of these Terms:
“Hunter” means any user who submits, manages, or participates in a request for assistance locating or recovering an animal.
“Tracker” means any user who offers or provides animal-tracking or recovery services, including dog handlers, drone operators, recovery teams, assistants, and other service providers.
“Tracking Request” means information submitted through the Services concerning an animal that may have been wounded or killed and for which recovery assistance is requested.
“User Content” means information, photographs, videos, audio, reviews, messages, location information, GPS tracks, profile information, shot-placement information, recovery results, and other content submitted by a user.
“Network” means a state, regional, or other tracking organization that uses or participates in the Services.
4. TRAKR’S ROLE AS A PLATFORM
TRAKR facilitates connections and communications between Hunters and Trackers. TRAKR is not a party to any agreement entered into between a Hunter and a Tracker.
Any arrangement concerning tracking services, fees, travel expenses, tips, permissions, timing, methods, equipment, dogs, drones, firearms, recovery assistance, or other services is solely between the applicable users.
TRAKR does not control and is not responsible for:
a. whether a Tracker accepts or completes a Tracking Request;
b. the amount a Tracker charges;
c. the method used to track or recover an animal;
d. the conduct of a Hunter, Tracker, landowner, Network, or other person;
e. the legality of a tracking or recovery activity;
f. the condition, safety, training, or behavior of a tracking dog;
g. the operation, condition, or legality of a drone or other equipment;
h. the condition or location of an animal;
i. the condition, boundaries, ownership, or accessibility of property;
j. the accuracy of information provided by users;
k. the success or outcome of a tracking attempt; or
l. any injury, property damage, citation, arrest, dispute, loss, or other consequence arising from a tracking or recovery activity.
TRAKR does not guarantee that a Tracker will be available, respond to a request, accept a request, arrive within a particular time, locate an animal, recover an animal, or provide services meeting a user’s expectations.
5. TRACKER PROFILES, NETWORK AFFILIATION, AND VERIFICATION
The Services may display tracker profiles, experience information, certifications, reviews, recovery statistics, Network affiliations, account classifications, badges, or verification indicators.
A badge, profile designation, Network affiliation, review, rating, statistic, or account classification does not constitute a guarantee, warranty, endorsement, certification, or representation by TRAKR concerning a Tracker’s:
a. skill or experience;
b. legal qualifications;
c. licensing or permit status;
d. insurance coverage;
e. safety practices;
f. honesty or reliability;
g. availability;
h. equipment;
i. dog training or behavior;
j. drone qualifications; or
k. ability to successfully recover an animal.
Some Trackers may be reviewed, approved, recommended, classified, or vetted by an independent Network. Other Trackers may not be affiliated with a Network or independently verified by TRAKR.
Network membership requirements and approval standards are established by the applicable Network and may vary by location. TRAKR is not responsible for a Network’s screening process, membership decisions, internal rules, representations, or actions.
Users are responsible for independently evaluating a Tracker before retaining or meeting that Tracker.
6. USER ACCOUNTS
Certain features require an account. When creating or maintaining an account, you agree to:
a. provide accurate, current, and complete information;
b. keep your account information updated;
c. maintain the confidentiality of your password and login credentials;
d. prevent unauthorized access to your account;
e. promptly notify TRAKR of suspected unauthorized access;
f. use only accounts that you are authorized to use; and
g. accept responsibility for activity conducted through your account.
You may not impersonate another person, create a misleading identity, falsely claim Network membership, misrepresent your experience, or provide false licensing, certification, recovery, or service information.
TRAKR may require additional information or verification before activating or maintaining certain account types or features. We may reject, suspend, restrict, reclassify, or terminate an account when we reasonably believe the account information is inaccurate, misleading, unlawful, unsafe, or inconsistent with these Terms.
7. HUNTER RESPONSIBILITIES
By submitting or participating in a Tracking Request, the Hunter represents and agrees that:
a. the animal was lawfully hunted or encountered;
b. the request is being made for the legitimate purpose of locating or recovering a wounded or deceased animal;
c. the request is not intended to locate, pursue, harass, capture, or kill a healthy animal unlawfully;
d. the Hunter possesses all licenses, permits, tags, and authorizations required by applicable law;
e. all information submitted about the animal, shot, location, property, and circumstances is truthful to the best of the Hunter’s knowledge;
f. the Hunter will comply with all hunting, wildlife, firearm, drone, dog-use, tagging, reporting, transportation, and recovery laws;
g. the Hunter will obtain all necessary landowner permissions before entering or authorizing entry onto private property;
h. the Hunter will not direct or pressure a Tracker to violate a law, enter property without permission, pursue healthy game, or engage in unsafe conduct;
i. the Hunter will accurately disclose known hazards, property restrictions, nearby residences, livestock, roads, water, terrain, firearms, other hunters, or other relevant safety information;
j. the Hunter will independently evaluate and select any Tracker;
k. the Hunter will clearly discuss any fees or expenses directly with the Tracker before services begin; and
l. the Hunter remains responsible for all legally required tagging, validation, registration, reporting, possession, and transportation of recovered game.
Submitting a Tracking Request does not authorize any person to enter private property or violate a hunting or wildlife regulation.
8. TRACKER RESPONSIBILITIES
By creating a Tracker account, responding to a Tracking Request, or providing tracking or recovery services, the Tracker represents and agrees that:
a. the Tracker has the knowledge, experience, physical capability, and equipment necessary to provide the services offered;
b. the Tracker will maintain all licenses, permits, certifications, registrations, and insurance required by applicable law;
c. the Tracker will comply with all laws governing hunting, wildlife recovery, dogs, drones, firearms, vehicles, property access, hunter-orange requirements, artificial lights, tracking hours, dispatching wounded animals, and related activities;
d. the Tracker will determine whether tracking is legal under the circumstances before beginning;
e. the Tracker will obtain or confirm all necessary landowner permissions;
f. the Tracker will not pursue, harass, capture, or kill healthy wildlife unlawfully;
g. the Tracker will not misrepresent experience, qualifications, Network membership, services, service areas, certifications, equipment, pricing, or recovery results;
h. the Tracker will disclose fees, mileage charges, deposits, cancellation terms, or other expected expenses to the Hunter before beginning services;
i. the Tracker will conduct services professionally and with reasonable regard for the safety of people, animals, property, and the public;
j. the Tracker is responsible for the conduct of the Tracker’s employees, assistants, dogs, guests, subcontractors, and equipment;
k. the Tracker will protect personal and location information received through the Services;
l. the Tracker will use Hunter contact information only for legitimate purposes associated with a Tracking Request or another interaction authorized by the Hunter;
m. the Tracker will provide truthful follow-up information and recovery results; and
n. the Tracker will promptly correct inaccurate profile or service information.
Trackers operate as independent service providers. Nothing in these Terms creates an employment, partnership, franchise, joint venture, agency, fiduciary, or contractor relationship between TRAKR and a Tracker.
Trackers are not authorized to make promises, representations, or commitments on behalf of TRAKR.
9. USER-TO-USER FEES AND TRANSACTIONS
Unless specifically stated otherwise, TRAKR does not establish, collect, process, guarantee, or enforce fees charged by Trackers for independent services.
Hunters and Trackers are solely responsible for discussing and agreeing upon:
a. service fees;
b. mileage or travel charges;
c. deposits;
d. cancellation fees;
e. gratuities;
f. payment methods;
g. refunds;
h. taxes; and
i. any other financial terms.
TRAKR is not responsible for nonpayment, overpayment, chargebacks, disputed fees, refunds, tax obligations, or other financial disagreements between users.
Trackers are responsible for determining and satisfying their own tax, licensing, insurance, bookkeeping, and business obligations.
10. COMPLIANCE WITH LAWS
Wildlife-tracking and recovery laws vary by state, county, municipality, season, species, weapon, land classification, and method used.
Information provided through the Services concerning laws or regulations is offered for general informational purposes only. It may be incomplete, outdated, summarized, or inapplicable to a particular situation.
TRAKR does not provide legal advice and does not guarantee the accuracy or completeness of legal or regulatory information displayed through the Services.
Before participating in any tracking or recovery activity, users must independently confirm the current rules with the appropriate wildlife agency, landowner, law-enforcement authority, or qualified legal professional.
A user’s reliance on information provided through TRAKR does not excuse a violation of law.
11. PRIVATE PROPERTY AND LAND ACCESS
The Services may display maps, pins, approximate locations, GPS coordinates, property information, boundaries, or other geographic data.
This information may be inaccurate, incomplete, delayed, or unavailable. Map lines and displayed boundaries are not legal surveys and may not establish ownership or the right to enter property.
TRAKR does not grant permission to enter any property.
Users are solely responsible for:
a. determining property ownership;
b. identifying accurate property boundaries;
c. obtaining permission from landowners or authorized occupants;
d. complying with property restrictions;
e. avoiding trespass; and
f. leaving property when instructed by a landowner or lawful authority.
12. GPS, MAPS, TRACK RECORDING, AND LOCATION FEATURES
The Services may use GPS, cellular signals, Wi-Fi, device sensors, maps, or third-party data to display or record locations and routes.
Location information may be affected by:
a. terrain;
b. tree cover;
c. weather;
d. device condition;
e. signal availability;
f. battery level;
g. device permissions;
h. software settings;
i. background-operation restrictions;
j. map-data errors; or
k. other technical limitations.
GPS tracks, map pins, service areas, request locations, property boundaries, distances, directions, and other location information may be inaccurate.
You must not rely on the Services as your sole means of navigation, emergency communication, property-boundary identification, or personal safety.
Users should carry appropriate navigation, communication, lighting, safety, medical, and emergency equipment for field conditions.
TRAKR is not responsible for a lost person, missed waypoint, inaccurate route, incomplete track, GPS error, device failure, battery failure, signal loss, property-line error, or other location-related problem.
13. NO EMERGENCY OR PUBLIC-SAFETY SERVICE
The Services are not designed or intended for emergency communications.
Do not use TRAKR to report:
a. a human medical emergency;
b. a missing person;
c. an active crime;
d. a wildfire;
e. an immediate threat to a person;
f. a dangerous animal threatening the public;
g. a vehicle accident; or
h. another emergency requiring immediate assistance.
Contact 911 or the appropriate local emergency, wildlife, or law-enforcement authority when emergency assistance is needed.
TRAKR does not guarantee that messages, notifications, applications, text messages, emails, calls, or Tracking Requests will be delivered, received, or reviewed within any particular time.
14. ANALYTICS, RECOVERY ODDS, RECOMMENDED WAIT TIMES, AND PREDICTIONS
The Services may provide statistics, analytics, recommended wait times, recovery rates, probability estimates, likely travel directions, likely organs affected, average distances, broadhead comparisons, predicted outcomes, or other data-based information.
These outputs may be based on historical user-submitted data, limited sample sizes, assumptions, statistical models, automated systems, artificial intelligence, or incomplete information.
Actual outcomes may differ significantly because of factors including:
a. shot placement;
b. animal angle or movement;
c. weapon or ammunition;
d. projectile performance;
e. penetration;
f. weather;
g. terrain;
h. animal behavior;
i. hunter activity;
j. tracking pressure;
k. time elapsed;
l. scavengers;
m. data quality;
n. incorrect user input; and
o. circumstances not known to TRAKR.
Analytics, predictions, recommended wait times, and other informational outputs are estimates only. They do not guarantee that an animal is alive, deceased, recoverable, unrecoverable, located in a predicted area, or affected in a particular manner.
Users must exercise independent judgment and consider the specific facts of each situation.
15. SHOT-PLACEMENT AND THREE-DIMENSIONAL ANIMAL TOOLS
TRAKR may allow users to position a three-dimensional animal model, mark an entry or exit location, view internal anatomy, estimate a shot path, identify potentially affected organs, or explore hypothetical shot scenarios.
These tools are educational and informational only. Animal anatomy, body position, movement, size, angle, and internal organ placement vary. A digital model cannot perfectly recreate an actual animal or shot.
A shot-placement result or organ estimate is not a veterinary diagnosis, forensic conclusion, guarantee of mortality, or guarantee of recovery.
Users are responsible for entering information accurately and interpreting results cautiously.
16. USER CONTENT
You retain ownership of User Content you submit, subject to the rights granted in these Terms.
By submitting User Content, you grant TRAKR a worldwide, nonexclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify, adapt, publish, display, distribute, analyze, aggregate, create derivative works from, and otherwise use the User Content as reasonably necessary to:
a. operate and improve the Services;
b. display requests, profiles, reviews, statistics, maps, and recovery information;
c. communicate with users;
d. provide analytics and predictions;
e. investigate misuse or safety concerns;
f. enforce these Terms;
g. comply with legal obligations; and
h. create de-identified or aggregated data, reports, educational content, or marketing materials.
This license continues for as long as reasonably necessary to operate the Services, satisfy legal obligations, resolve disputes, maintain business records, or use information that has been aggregated or de-identified.
You represent that:
a. you own the User Content or have permission to submit it;
b. the User Content is accurate to the best of your knowledge;
c. the User Content does not violate another person’s privacy, publicity, intellectual-property, or contractual rights;
d. the User Content does not disclose confidential information without authorization; and
e. TRAKR’s permitted use of the User Content will not violate applicable law.
TRAKR is not obligated to publish, retain, or restore User Content.
17. PHOTOGRAPHS, VIDEOS, AND SENSITIVE CONTENT
Tracking Requests and recovery reports may contain photographs or videos of blood, wounds, deceased animals, field dressing, recovery scenes, or other material that some users may find graphic.
By using the Services, you acknowledge that you may encounter this content.
Users must not upload content that:
a. depicts unlawful hunting or animal cruelty;
b. contains unnecessarily graphic human injury;
c. identifies or exposes a person without permission;
d. reveals private property information for an improper purpose;
e. contains sexually explicit content;
f. exploits a minor;
g. promotes violence against a person;
h. contains malware or harmful code; or
i. otherwise violates these Terms.
18. REVIEWS, RATINGS, AND RECOVERY REPORTS
Users may be permitted to submit reviews, ratings, recommendations, feedback, or recovery results.
Reviews must:
a. reflect a genuine experience;
b. be truthful and not misleading;
c. relate to the relevant user or service;
d. avoid threats, harassment, discrimination, or unlawful content;
e. avoid personal information unrelated to the review;
f. disclose any material incentive or relationship where required; and
g. not be submitted in exchange for a payment, discount, reciprocal review, or other benefit unless the arrangement is clearly disclosed and legally permitted.
Users may not:
a. create fake reviews;
b. purchase or sell reviews;
c. review themselves through another account;
d. coordinate false positive or negative reviews;
e. threaten another user with a negative review to obtain money or concessions;
f. retaliate against a user for an honest review; or
g. manipulate ratings or recovery statistics.
TRAKR may investigate, decline to publish, remove, label, restrict, or preserve reviews when reasonably necessary to enforce these Terms, address fraud, comply with law, or protect users.
TRAKR does not guarantee that every review is accurate or representative.
19. COMMUNICATIONS BETWEEN USERS
The Services may allow users to communicate through phone calls, text messages, email, push notifications, in-app messaging, or links to third-party communication services.
Users may use contact information obtained through TRAKR only for legitimate purposes related to the applicable Tracking Request, service arrangement, Network activity, or other interaction authorized by the recipient.
Users may not use contact information obtained through the Services to:
a. send spam;
b. conduct unrelated marketing without consent;
c. harass or threaten another person;
d. publish private information;
e. build an unauthorized marketing list;
f. sell or transfer contact information; or
g. engage in unlawful communications.
TRAKR may retain records of in-app communications where reasonably necessary to operate the Services, investigate complaints, enforce these Terms, or comply with law.
20. TEXT MESSAGES, EMAILS, AND NOTIFICATIONS
By providing a phone number or email address and enabling communications, you authorize TRAKR to send transactional messages related to:
a. account access;
b. Tracking Requests;
c. tracker applications;
d. request status;
e. safety or service notices;
f. subscriptions or purchases;
g. support inquiries; and
h. other activity associated with your account.
Message and data rates may apply. Message frequency may vary.
You may adjust notification preferences through the Services when available. Opting out of certain communications may prevent you from receiving time-sensitive request information or using related features.
Administrative, security, legal, and account-related communications may still be sent when permitted by law.
21. PROHIBITED CONDUCT
You may not use the Services to:
a. violate any law, regulation, court order, permit condition, or property restriction;
b. facilitate poaching, trespass, unlawful hunting, or unlawful wildlife harassment;
c. locate, pursue, or kill healthy wildlife unlawfully;
d. submit a false or fraudulent Tracking Request;
e. impersonate another person or organization;
f. misrepresent qualifications, recovery results, Network affiliation, or account status;
g. stalk, threaten, harass, intimidate, or discriminate against another person;
h. obtain another user’s location or personal information for an improper purpose;
i. publish another user’s home address, precise location, phone number, or private information without authorization;
j. interfere with a tracking operation or another user’s account;
k. manipulate reviews, ratings, analytics, statistics, requests, applications, or recovery results;
l. use automated systems to scrape, copy, harvest, or extract data without written permission;
m. reverse engineer, decompile, disassemble, or attempt to discover the source code of the Services except where prohibited by law;
n. bypass access restrictions, subscription controls, or security measures;
o. introduce malware, malicious code, or harmful technology;
p. overload, disable, disrupt, or damage the Services;
q. use TRAKR branding, content, or data to create a competing service without written permission;
r. resell access to the Services;
s. use the Services for unauthorized advertising or solicitation;
t. create an account after suspension without authorization; or
u. assist another person in engaging in prohibited conduct.
22. SAFETY AND ASSUMPTION OF RISK
Hunting, animal tracking, drone operation, firearm use, travel, nighttime activity, dog handling, and entry into wooded, rural, wet, steep, remote, or unfamiliar areas involve significant risks.
These risks may include:
a. falls;
b. drowning;
c. exposure;
d. hypothermia or heat illness;
e. motor-vehicle accidents;
f. firearm injuries;
g. dog bites;
h. wildlife encounters;
i. insects and disease;
j. difficult terrain;
k. water hazards;
l. property hazards;
m. confrontation with landowners or other hunters;
n. loss of cellular service;
o. equipment failure;
p. delayed emergency response; and
q. serious bodily injury or death.
You voluntarily assume the risks associated with your activities and interactions with other users.
You are responsible for determining whether conditions are safe and whether you possess the necessary skills, equipment, clothing, communication devices, first-aid supplies, permissions, and assistance.
Nothing displayed through the Services should be interpreted as an instruction to enter an unsafe area or continue an unsafe activity.
23. SUBSCRIPTIONS AND DIGITAL PURCHASES
TRAKR may offer paid subscriptions, premium features, digital products, or other purchases.
The price, billing period, included features, renewal terms, trial terms, and cancellation information will be displayed at or before purchase.
Unless otherwise stated at purchase:
a. subscriptions automatically renew at the end of each billing period until canceled;
b. the applicable payment method may be charged at the beginning of each renewal period;
c. cancellation stops future renewals but does not necessarily provide a refund for the current billing period;
d. access may continue until the end of the paid billing period; and
e. deleting the TRAKR app or account does not necessarily cancel an App Store or Google Play subscription.
Subscriptions purchased through Apple, Google Play, or another third-party platform are also subject to that platform’s billing, cancellation, and refund rules.
Users must manage platform-billed subscriptions through the applicable platform account unless otherwise indicated.
TRAKR may change subscription prices or features prospectively by providing notice as required by applicable law or platform rules.
Except where required by law or expressly stated otherwise, payments for digital features are nonrefundable.
24. MERCHANDISE AND PHYSICAL PRODUCTS
TRAKR may offer apparel, promotional items, or other physical products through the website.
Product images and descriptions are provided for general reference. Actual colors, dimensions, materials, packaging, or appearance may vary.
Prices, availability, taxes, shipping charges, and delivery estimates may change. TRAKR may reject or cancel an order because of an error, suspected fraud, product unavailability, payment failure, shipping limitation, or other legitimate reason.
Shipping and delivery dates are estimates and are not guaranteed.
Returns, exchanges, refunds, and cancellations are governed by the policies displayed at the time of purchase or otherwise provided with the order.
25. INTELLECTUAL PROPERTY
The Services and all related software, designs, graphics, logos, trademarks, trade names, text, databases, compilations, analytics, models, reports, interfaces, and other materials provided by TRAKR are owned by or licensed to TRAKR and are protected by intellectual-property laws.
Subject to these Terms, TRAKR grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to access and use the Services for their intended personal or internal business purpose.
No ownership rights are transferred to you.
You may not copy, reproduce, distribute, sell, license, modify, publish, create derivative works from, publicly display, or commercially exploit TRAKR materials except as expressly authorized in writing or permitted by law.
“TRAKR,” associated logos, and related branding are trademarks or trade dress of TRAKR LLC. You may not use them in a manner that suggests endorsement, affiliation, sponsorship, or approval without written permission.
26. COPYRIGHT AND INTELLECTUAL-PROPERTY COMPLAINTS
If you believe content available through the Services infringes your copyright or other intellectual-property rights, send a written notice containing:
a. your name and contact information;
b. identification of the protected work;
c. identification and location of the allegedly infringing material;
d. a statement explaining your good-faith belief that the use is unauthorized;
e. a statement that the information in the notice is accurate; and
f. your physical or electronic signature.
Notices may be sent to the contact information listed at the end of these Terms.
TRAKR may remove or restrict disputed content and may terminate accounts associated with repeated infringement.
27. PRIVACY
TRAKR’s collection, use, and disclosure of personal information are described in the TRAKR Privacy Policy, which is incorporated into these Terms by reference.
By using the Services, you acknowledge that you have reviewed the Privacy Policy.
You are responsible for obtaining any consent required before submitting another person’s name, phone number, photograph, location, communications, or other personal information.
28. THIRD-PARTY SERVICES AND CONTENT
The Services may contain or rely upon third-party maps, payment processors, app stores, hosting providers, analytics services, messaging providers, social-media services, websites, products, advertisements, or other resources.
TRAKR does not control and is not responsible for third-party services, content, security, availability, policies, accuracy, or conduct.
Your use of a third-party service may be governed by separate terms and privacy policies.
The inclusion of a link, integration, listing, advertisement, or third-party service does not necessarily constitute an endorsement by TRAKR.
29. APP STORE TERMS
If you download the TRAKR application through an app store, your use of the application is also subject to the applicable app store’s terms.
For an application obtained through Apple’s App Store, you acknowledge and agree that:
a. these Terms are between you and TRAKR, not Apple;
b. TRAKR, not Apple, is responsible for the application and its content;
c. the license granted to you is limited to a nontransferable license to use the application on Apple-branded products that you own or control, as permitted by Apple’s usage rules;
d. Apple has no obligation to provide maintenance or support for the application;
e. to the extent any warranty applies and the application fails to conform to that warranty, you may notify Apple, and Apple may refund the applicable purchase price, if any, in accordance with its policies;
f. to the maximum extent permitted by law, Apple has no other warranty obligation concerning the application;
g. TRAKR, not Apple, is responsible for addressing claims relating to the application, including product-liability, legal-compliance, consumer-protection, privacy, or intellectual-property claims;
h. you represent that you are not located in a country subject to a United States government embargo and are not listed on a United States government prohibited or restricted-party list; and
i. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce these provisions against you.
30. SERVICE AVAILABILITY AND CHANGES
TRAKR may modify, update, add, restrict, suspend, or discontinue any part of the Services at any time.
We do not guarantee that:
a. every feature will remain available;
b. the Services will operate without interruption;
c. data will always be preserved;
d. a particular device will remain compatible;
e. notifications will always be delivered;
f. an error will be corrected; or
g. a feature will operate in every geographic area.
Maintenance, technical problems, cellular outages, third-party failures, legal requirements, safety concerns, or other circumstances may affect availability.
You are responsible for maintaining compatible devices, software, internet access, cellular service, and permissions necessary to use the Services.
31. ACCOUNT SUSPENSION AND TERMINATION
TRAKR may investigate conduct and may warn, restrict, reclassify, suspend, or terminate an account when we reasonably believe that:
a. these Terms have been violated;
b. account information is false or misleading;
c. the account presents a safety, legal, security, reputational, or fraud risk;
d. the user has engaged in unlawful or abusive conduct;
e. the user has manipulated requests, reviews, statistics, or platform features;
f. continued access could harm TRAKR, another user, a Network, a third party, an animal, or the public;
g. suspension is requested by a Network under its membership rules;
h. payment is overdue or disputed;
i. the account has been inactive for an extended period; or
j. termination is necessary to comply with law.
TRAKR may remove or restrict User Content in connection with an investigation or account action.
You may stop using the Services at any time. Account-deletion options may be available through the Services or by contacting TRAKR.
Termination does not eliminate obligations or liabilities arising before termination. Provisions that by their nature should survive termination will remain effective, including provisions concerning intellectual property, User Content licenses, disclaimers, limitations of liability, indemnification, disputes, and general legal terms.
32. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TRAKR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SAFETY, AND QUIET ENJOYMENT.
TRAKR DOES NOT WARRANT THAT:
a. THE SERVICES WILL BE ACCURATE, COMPLETE, SECURE, UNINTERRUPTED, OR ERROR-FREE;
b. A TRACKER IS QUALIFIED, LICENSED, INSURED, SAFE, HONEST, AVAILABLE, OR CAPABLE;
c. A HUNTER OR TRACKER WILL COMPLY WITH AN AGREEMENT OR THE LAW;
d. A TRACKING REQUEST WILL RECEIVE A RESPONSE;
e. AN ANIMAL WILL BE LOCATED OR RECOVERED;
f. A RECOMMENDED WAIT TIME, RECOVERY PROBABILITY, ORGAN ESTIMATE, MAP, GPS TRACK, PROPERTY LINE, REVIEW, OR OTHER RESULT WILL BE ACCURATE;
g. USER CONTENT WILL BE TRUTHFUL OR RELIABLE;
h. DATA WILL NOT BE LOST; OR
i. DEFECTS WILL BE CORRECTED.
Some jurisdictions do not permit the exclusion of certain warranties. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.
33. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAKR LLC AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING:
a. LOST PROFITS OR REVENUE;
b. LOST DATA;
c. LOSS OF BUSINESS OR OPPORTUNITY;
d. LOSS OF USE;
e. PERSONAL INJURY OR DEATH;
f. PROPERTY DAMAGE;
g. LOSS OF AN ANIMAL;
h. FAILURE TO RECOVER AN ANIMAL;
i. TRESPASS OR PROPERTY DISPUTES;
j. FINES, CITATIONS, OR LEGAL EXPENSES;
k. DOG-RELATED OR DRONE-RELATED DAMAGE;
l. FIREARM-RELATED DAMAGE;
m. PAYMENT DISPUTES; OR
n. DAMAGES ARISING FROM THE CONDUCT OF ANOTHER USER.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF TRAKR WAS ADVISED THAT THE DAMAGES WERE POSSIBLE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRAKR’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
a. THE AMOUNT YOU PAID DIRECTLY TO TRAKR DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR
b. ONE HUNDRED UNITED STATES DOLLARS ($100).
Payments made directly to a Tracker or another third party are not payments to TRAKR.
Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.
34. RELEASE REGARDING OTHER USERS
To the maximum extent permitted by law, you release TRAKR LLC and its owners, members, managers, officers, employees, contractors, affiliates, and service providers from claims, demands, damages, losses, and liabilities arising from or related to:
a. your interactions with another user;
b. services provided or not provided by a Tracker;
c. a Hunter’s conduct or information;
d. a Network’s membership or vetting decision;
e. payment disputes between users;
f. entry onto property;
g. tracking or recovery activities;
h. injuries or damage caused by a person, animal, vehicle, firearm, drone, or equipment; and
i. disputes between users or third parties.
This release does not apply where prohibited by law.
35. INDEMNIFICATION
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless TRAKR LLC and its owners, members, managers, officers, employees, contractors, affiliates, licensors, and service providers from claims, liabilities, damages, judgments, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
a. your access to or use of the Services;
b. your Tracking Request or tracking activities;
c. services you offer, provide, receive, or arrange;
d. your User Content;
e. your violation of these Terms;
f. your violation of law;
g. your violation of another person’s rights;
h. your entry onto property;
i. your use of a dog, drone, firearm, vehicle, or other equipment;
j. an injury, death, or property damage caused by you or a person or animal under your control;
k. your taxes, fees, licenses, permits, or business obligations; or
l. a dispute between you and another user.
TRAKR reserves the right to control the defense of a claim subject to indemnification. You agree to cooperate with the defense and may not settle a claim imposing an obligation on TRAKR without TRAKR’s written consent.
36. GOVERNING LAW
These Terms and any dispute arising from or relating to the Services will be governed by the laws of the State of Minnesota, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
37. INFORMAL DISPUTE RESOLUTION
Before filing a lawsuit against TRAKR, you agree to send a written notice describing:
a. your name and account information;
b. the facts giving rise to the dispute;
c. the legal or contractual basis of the claim;
d. the relief requested; and
e. supporting documentation.
The parties will attempt in good faith to resolve the dispute informally for at least 30 days after TRAKR receives the notice.
This requirement does not prevent either party from seeking urgent injunctive relief when necessary to prevent immediate harm.
38. VENUE
Unless applicable law requires otherwise, any legal proceeding arising from or relating to these Terms or the Services must be brought in a court of competent jurisdiction located in the State of Minnesota.
You consent to the personal jurisdiction of those courts and waive objections based on inconvenient forum or lack of personal jurisdiction.
39. CHANGES TO THESE TERMS
TRAKR may update these Terms from time to time.
When changes are made, we may provide notice by:
a. updating the “Last Updated” date;
b. posting the revised Terms through the Services;
c. sending an email or in-app notification; or
d. using another legally permitted method.
Material changes will become effective on the date stated in the updated Terms or notice.
Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.
40. ELECTRONIC COMMUNICATIONS AND ACCEPTANCE
You consent to receive agreements, notices, disclosures, and other communications electronically.
Electronic communications may be provided through the Services, by email, through your account, or by another electronic method.
Your electronic acceptance of these Terms has the same effect as a handwritten signature to the extent permitted by law.
You are responsible for maintaining a valid email address and the equipment necessary to access electronic records.
41. ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without TRAKR’s prior written consent.
TRAKR may assign or transfer these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, or operation of the Services.
42. SEVERABILITY
If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law or modified as necessary to make it enforceable.
The remaining provisions will remain in full force and effect.
43. WAIVER
A failure by TRAKR to enforce any provision of these Terms does not waive the right to enforce that provision later.
A waiver is effective only when made in writing by an authorized representative of TRAKR.
44. NO THIRD-PARTY BENEFICIARIES
Except for the applicable app-store provider as expressly stated in these Terms, these Terms do not create rights for any third-party beneficiary.
45. HEADINGS
Section headings are provided for convenience only and do not affect the interpretation of these Terms.
46. ENTIRE AGREEMENT
These Terms, the Privacy Policy, applicable purchase terms, subscription disclosures, and any additional terms presented for a particular feature constitute the entire agreement between you and TRAKR concerning the Services.
They supersede prior or contemporaneous agreements, statements, communications, or understandings concerning the same subject matter.
47. CONTACT INFORMATION
Questions, complaints, notices, and legal correspondence concerning these Terms may be sent to:
TRAKR LLC
2058 3rd Street
White Bear Lake, MN 55110
Email: gettrakrnow@gmail.com