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Terms of Service

Last Updated: December 10, 2025

1. Agreement to Terms

By accessing and using the Trackara Pro signature portal ("Service"), operated by Commoner Apps LLC ("Trackara," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

2. Description of Service

Trackara Pro provides an electronic signature platform that facilitates the signing of automotive service quotes between mechanics/auto repair shops ("Service Providers") and their customers ("Customers"). The Service allows:

• Electronic viewing of service quotes
• Digital signature capture and storage
• Secure transmission of signed agreements

2.1 Platform Role

IMPORTANT: Trackara Pro acts solely as a technology platform provider. We are NOT a party to any agreements between Service Providers and Customers. We do not:

• Provide automotive services or repairs
• Verify the accuracy of quotes or pricing
• Guarantee the quality of work performed
• Mediate disputes between parties
• Provide warranties or guarantees for services

3. Electronic Signature Consent

3.1 Legal Effect

By using the electronic signature feature, you acknowledge and agree that:

• Your electronic signature has the same legal force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA)
• You consent to conduct this transaction electronically
• Electronic documents are valid and enforceable

3.2 Hardware and Software Requirements

To access and retain electronic records, you need:

• A device with internet access (computer, tablet, or smartphone)
• A modern web browser (Chrome, Safari, Firefox, or Edge - latest versions)
• Ability to view and save PDF documents
• Email account (recommended for receiving copies)

3.3 Right to Paper Copies

You have the right to request a paper copy of any electronically signed document. To request a paper copy, contact the Service Provider who sent you the quote.

3.4 Withdrawal of Consent

You may withdraw your consent to electronic signatures at any time by contacting the Service Provider directly. Withdrawal of consent does not affect the legal validity of signatures made before withdrawal.

4. User Eligibility

You must be at least 18 years of age and legally capable of entering into binding contracts to use this Service. By using the Service, you represent and warrant that you meet these requirements.

5. Privacy and Data Collection

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and storage of your information as described in the Privacy Policy.

5.1 Information Collected

When you sign a quote, we collect:

• Your name and signature
• Email address (if provided)
• IP address
• Device information (browser type, operating system, screen resolution)
• Timestamp of signature
• Quote details and pricing information

6. User Obligations

When using the Service, you agree to:

• Provide accurate and truthful information
• Use your own identity (not impersonate others)
• Review quotes carefully before signing
• Maintain the security of signature links sent to you
• Comply with all applicable laws and regulations
• Not attempt to circumvent security measures
• Not use the Service for any fraudulent or illegal purpose

7. Accuracy of Quotes

Service Providers are solely responsible for the accuracy and completeness of quotes presented through the Service. Trackara Pro does not verify, validate, or guarantee:

• Pricing accuracy
• Service descriptions
• Estimated completion times
• Parts specifications
• Licensing or certification status of Service Providers

Customers should verify all quote details with the Service Provider before signing.

8. Cancellation and Refund Policy

Once a quote is electronically signed:

• The Service Provider may begin work immediately
• Cancellation policies are determined by the Service Provider, not Trackara Pro
• You may be responsible for work already completed
• Contact the Service Provider directly regarding cancellations or refunds

Trackara Pro does not handle refunds, cancellations, or payment disputes.

9. Limitation of Liability

9.1 Service Provided "AS IS"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Liability for Service Provider Actions

Trackara Pro is not responsible for:

• Quality of automotive services performed
• Disputes between Service Providers and Customers
• Injury, property damage, or loss resulting from services
• Fraud, misrepresentation, or misconduct by Service Providers
• Late or incomplete work
• Pricing errors or discrepancies

9.3 Maximum Liability Cap

IN NO EVENT SHALL TRACKARA PRO (COMMONER APPS LLC) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED $100 USD OR THE AMOUNT PAID BY YOU TO US IN THE PAST 12 MONTHS, WHICHEVER IS LESS.

10. Technical Failures

Trackara Pro is not liable for failures or interruptions of the Service due to:

• Internet connectivity issues
• Server downtime or maintenance
• Third-party service failures (Firebase, hosting providers)
• Force majeure events (natural disasters, pandemics, etc.)
• Device incompatibility

11. Data Security

We implement reasonable security measures to protect your data, but cannot guarantee absolute security. You acknowledge that:

• No internet transmission is 100% secure
• You use the Service at your own risk
• We are not liable for unauthorized access to your data due to circumstances beyond our control

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

12.2 Dispute Resolution Process

In the event of any dispute arising from these Terms or the Service, the parties agree to follow this process:

1. Good Faith Negotiation: Attempt to resolve disputes through direct communication for 30 days
2. Mediation: If negotiation fails, participate in mediation with a neutral third party
3. Binding Arbitration: If mediation fails, disputes shall be resolved through binding arbitration in California under the rules of the American Arbitration Association

12.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH TRACKARA PRO ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, OR ANY OTHER REPRESENTATIVE ACTIONS AGAINST TRACKARA PRO.

12.4 Venue

Any legal action related to these Terms must be brought exclusively in the state or federal courts located in California.

13. Indemnification

You agree to indemnify, defend, and hold harmless Trackara Pro (Commoner Apps LLC), its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Disputes with Service Providers
• Fraudulent or illegal activity

14. Intellectual Property

The Service, including its design, functionality, and content, is owned by Commoner Apps LLC and protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute the Service
• Reverse engineer or decompile the software
• Use the "Trackara Pro" name or logo without permission
• Create derivative works based on the Service

15. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Upon termination:

• Your right to use the Service immediately ceases
• Signed documents and audit trails will be retained as required by law
• Provisions regarding liability, indemnification, and dispute resolution survive termination

16. Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service after changes constitutes acceptance of the modified Terms. Material changes will be indicated by updating the "Last Updated" date.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Trackara Pro regarding the Service and supersede all prior agreements and understandings.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. Contact Information

For questions about these Terms, please contact:

Commoner Apps LLC (Trackara Pro)
Email: support@trackara.app
Phone: (801) 946-9396
Website: https://pro.trackara.app

21. Consumer Rights Notice

These Terms do not limit any consumer protection rights you may have under applicable law. Some jurisdictions do not allow certain limitations of liability or warranties, so some of the above limitations may not apply to you.

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By clicking "I agree to the Terms of Service" when signing a quote, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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