Terms and Conditions

Last updated: 12 August 2025

1. Agreement to these Terms

These Terms and Conditions (the "Terms") govern your access to and use of TRACX’s form-building and related marketing software-as-a-service platform, websites, and services (collectively, the "Service"). By creating an account, clicking to accept, or using the Service, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.

2. Who we are and our role

TRACX is based in the United Kingdom. We provide tools that enable our customers to create and manage online forms and collect submissions. As between you and TRACX, you (the customer) determine the content of forms and the purposes and means of processing any personal data collected via those forms. TRACX acts as a data processor/service provider for such data and processes it only on your documented instructions and to provide the Service. TRACX does not use Customer Content or Customer Data for its own independent purposes and does not sell personal information.

3. Definitions

Customer ("you"): The entity or person who registers for and uses the Service.
End User: An individual who submits information through a form you create using the Service.
Customer Content: Content you or your End Users submit, upload, or otherwise provide to the Service, including form fields, responses, files, and configurations.
Customer Data: Personal data contained in Customer Content or otherwise processed on your behalf.
Order: Any online order flow, pricing page checkout, or written order form specifying the subscription plan, term, and fees.
Subscription Term: The period specified in an Order during which you are authorised to use the Service.
DPA: Our data processing addendum governing our processing of Customer Data on your behalf.

4. Accounts and eligibility

You must be at least 18 years old to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You will promptly notify us of any unauthorised use or security incident. We may suspend or terminate accounts that violate these Terms.

5. Subscription, fees, and cancellations

Plans and billing: Access to the Service is provided on a subscription basis according to the plan selected in your Order. Fees are due in advance and are non-refundable except as expressly stated in these Terms.
Taxes: Fees are exclusive of VAT and other applicable taxes, which you are responsible for paying.
Changes: We may change prices or plan features with reasonable prior notice. Changes take effect at your next renewal unless otherwise agreed.
Upgrades/Downgrades: Upgrades take effect immediately and may be prorated. Downgrades may reduce features or capacity and take effect at renewal.
Auto-renewal: Subscriptions renew automatically for successive terms unless cancelled before the renewal date.
Cancellation: You may cancel at any time via your account settings, with access continuing until the end of the then-current term.
Non-payment: We may suspend or terminate access for overdue amounts after reasonable notice.

6. Customer Content and responsibilities

You are solely responsible for Customer Content and for complying with all laws applicable to your forms and data collection (including providing required notices and obtaining valid consents from End Users).
You warrant that you have all rights necessary to use and process Customer Content with the Service and that Customer Content does not infringe third-party rights.
You determine retention and deletion periods for Customer Content and must configure your account accordingly. We retain Customer Content only as instructed and as necessary to provide the Service or comply with law.
You are responsible for appropriately responding to data subject requests related to Customer Data. We will provide reasonable assistance as set out in the DPA.

7. Acceptable use

You must not, and must not allow any third party to:

Use the Service for unlawful, harmful, or deceptive activities; transmit malware, spam, or content that is defamatory, obscene, or otherwise objectionable.
Collect or process special categories of personal data (e.g., health, biometric, sexual orientation), criminal offence data, or children’s data, unless permitted by law and expressly configured to do so in compliance with applicable requirements.
Collect payment card data in violation of PCI-DSS, or collect government identifiers where prohibited.
Infringe intellectual property or privacy rights; or misrepresent your affiliation with any person or entity.
Bypass or interfere with security or access controls; probe or scan the Service except as part of an authorised security review with our prior written consent.
Resell, sublicense, or provide the Service to third parties on a standalone basis without our written consent.
Reverse engineer, decompile, or create derivative works of the Service except to the extent permitted by law.
Exceed usage limits, make excessive automated requests, or otherwise abuse APIs or bandwidth in a manner that degrades the Service.

8. Data protection and privacy

TRACX acts as a processor/service provider for Customer Data and will process such data in accordance with your instructions and our DPA, the UK GDPR, and the Data Protection Act 2018. Where relevant, we also align with the EU GDPR.
We implement appropriate technical and organisational measures to protect personal data. For more details, see our Security and Privacy Policy.
We may use sub-processors subject to written agreements and appropriate safeguards. A list of key sub-processors is available on request.
International transfers from the UK/EEA will be safeguarded using appropriate mechanisms (e.g., EU Standard Contractual Clauses with UK Addendum, or UK IDTA).

9. Third-party services and integrations

The Service may enable integrations with third-party services. Your use of any third-party service is subject to that provider’s terms and policies. TRACX does not control and is not responsible for third-party services, and access to them may be suspended or terminated by the provider. We are not liable for any damage or loss arising from your use of third-party services.

10. Intellectual property

TRACX and its licensors own all rights, title, and interest in and to the Service and associated materials. No rights are granted except as expressly stated in these Terms.
Subject to your compliance with these Terms and your Order, we grant you a limited, non-exclusive, non-transferable licence to use the Service during the Subscription Term for your internal business purposes.
You grant TRACX a limited licence to host, process, transmit, and display Customer Content solely to provide and maintain the Service and as otherwise permitted under these Terms and the DPA.
Feedback you provide about the Service may be used by TRACX without restriction or obligation.

11. Confidentiality

Each party will protect the other’s non-public information using reasonable care and will use it only for purposes related to these Terms. This obligation does not apply to information that is publicly available through no fault of the recipient, already known to the recipient, independently developed, or rightfully disclosed by a third party without confidentiality obligation. We may disclose confidential information where required by law, after giving notice where legally permitted.

12. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care.
Except as expressly stated, the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
To the fullest extent permitted by law, we disclaim all other warranties, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.

13. Limitation of liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be limited by law. Subject to the foregoing, neither party will be liable for any loss of profits, revenue, goodwill, or indirect, incidental, special, consequential, or exemplary damages, even if advised of the possibility of such damages.

Except for your payment obligations and your indemnity, each party’s total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of: (a) £100; or (b) the amounts paid or payable by you to TRACX for the Service in the 12 months preceding the event giving rise to the claim.

14. Indemnity

You will defend, indemnify, and hold harmless TRACX and our affiliates, officers, directors, and personnel from and against any claim, liability, damage, loss, and expense (including reasonable legal fees) arising out of or related to: (a) Customer Content; (b) your use of the Service in breach of these Terms or law; or (c) your violation of third-party rights.

15. Suspension and termination

We may suspend or restrict access immediately if we believe there is a security risk, suspected fraud, or a breach of these Terms.
Either party may terminate for material breach if the breach is not cured within 30 days after written notice.
Upon termination or expiry: your right to access the Service ends; we will delete or return Customer Content in accordance with our DPA and standard processes; and any accrued fees become due.

16. Changes to the Service and these Terms

We may modify the Service to improve functionality, security, or compliance. We may update these Terms from time to time. We will post changes on this page and, for material changes, provide reasonable notice. Your continued use after the effective date constitutes acceptance of the updated Terms.

17. Export control and sanctions

You represent that you are not subject to UK, EU, or US sanctions or located in a restricted jurisdiction, and you will not permit the Service to be used in violation of applicable export control or sanctions laws.

18. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.

19. Notices

We may provide notices to you by email to the address associated with your account or through the Service. You may provide notices to TRACX at [email protected] (FAO: Legal). Notices are deemed given when sent, unless a bounce-back indicates failure of delivery.

20. Miscellaneous

Entire agreement: These Terms, together with your Order and the DPA (where applicable), constitute the entire agreement between the parties regarding the Service and supersede prior agreements.
Assignment: You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of assets.
Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
No waiver: Failure to enforce any provision is not a waiver of that provision.
Force majeure: Neither party is liable for failure or delay caused by events beyond reasonable control.
Subcontracting: We may use subcontractors and sub-processors to provide the Service, remaining responsible for their performance.
No third-party beneficiaries: These Terms do not confer rights on any third party.
Order of precedence: If there is a conflict, the Order prevails over these Terms, and these Terms prevail over Documentation and policies (except the DPA controls for processing of Customer Data).

Contact

Questions about these Terms? Contact us at [email protected].