Terms of Service

Effective Date: January 14, 2026 | Last Updated: January 14, 2026

Welcome to TrakBiz. These Terms of Service ("Terms") govern your use of our missed call recovery service. By using TrakBiz, you agree to these Terms.

1. Acceptance of Terms

By accessing or using TrakBiz, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use our service.

You must be at least 18 years old and have the authority to enter into these Terms on behalf of yourself or your business.

2. Description of Service

TrakBiz provides a missed call recovery service that:

• Receives forwarded calls from your business phone
• Sends automated SMS messages to callers when calls are missed
• Provides notifications to business owners
• Tracks call recovery metrics and ROI

The service is designed for legitimate business use by service professionals (plumbers, electricians, HVAC technicians, contractors, etc.).

3. Account Registration

3.1 Account Creation

To use TrakBiz, you must create an account and provide accurate, complete information including:

• Business name and contact information
• Valid email address and phone number
• Billing information for paid plans

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

4. SMS Messaging Terms

4.1 Message Content

You are responsible for the content of messages sent through our service. Messages must:

• Be truthful and not misleading
• Comply with all applicable laws and regulations
• Not contain prohibited content (spam, illegal offers, etc.)

4.2 Consent

TrakBiz operates on the basis that callers to your business have initiated contact and may receive a response. You represent that:

• The phone numbers receiving messages are from callers who contacted your business
• You will honor all opt-out requests promptly
• You will not use the service to send unsolicited messages

4.3 Opt-Out Compliance

When a recipient replies STOP to any message:

• They will be automatically opted out
• No further messages will be sent to that number
• You must not attempt to circumvent opt-outs

5. Acceptable Use

5.1 Permitted Use

You may use TrakBiz for:

• Responding to missed business calls
• Sending appointment booking information
• Business-related customer communication

5.2 Prohibited Use

You may NOT use TrakBiz to:

• Send spam or unsolicited marketing messages
• Harass, threaten, or abuse any person
• Transmit illegal, fraudulent, or harmful content
• Violate any local, state, or federal law
• Impersonate another person or business
• Interfere with or disrupt our service
• Resell or redistribute the service without authorization

6. Pricing and Payment

6.1 Subscription Plans

TrakBiz offers monthly subscription plans. Current pricing is available on our website. We reserve the right to change pricing with 30 days notice.

6.2 Billing

• Subscriptions are billed monthly in advance
• Payment is due on the billing date
• Failed payments may result in service suspension

6.3 Refunds

• 30-day money-back guarantee for new customers
• No refunds for partial months after the first 30 days
• Refund requests must be submitted to support@trakbiz.com

6.4 Free Trial

Free trials are subject to:

• One trial per business
• Full feature access during trial period
• Automatic conversion to paid plan unless cancelled

7. Service Availability

7.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be communicated in advance when possible.

7.2 Modifications

We may modify, suspend, or discontinue any part of the service at any time. Material changes will be communicated with reasonable notice.

8. Intellectual Property

8.1 Our Property

TrakBiz, including its logo, website, software, and documentation, is owned by us and protected by intellectual property laws. You may not copy, modify, or distribute our materials without permission.

8.2 Your Content

You retain ownership of your business content (message templates, booking links, etc.). You grant us a license to use this content solely to provide the service.

9. Disclaimer of Warranties

We do not warrant that:

• The service will be uninterrupted or error-free
• Messages will always be delivered successfully
• The service will meet your specific requirements
• Results or outcomes are guaranteed

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• We are not liable for any indirect, incidental, special, consequential, or punitive damages
• Our total liability is limited to the amount you paid us in the 12 months preceding the claim
• We are not responsible for third-party services (carriers, payment processors, etc.)

11. Indemnification

You agree to indemnify and hold TrakBiz harmless from any claims, damages, or expenses arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you transmit through the service

12. Termination

12.1 By You

You may cancel your account at any time through your dashboard or by contacting support. Cancellation takes effect at the end of your billing period.

12.2 By Us

We may suspend or terminate your account if:

• You violate these Terms
• You engage in fraudulent or illegal activity
• Your payment method fails repeatedly
• Required by law

12.3 Effect of Termination

Upon termination:

• Your access to the service will cease
• Your data will be retained per our Privacy Policy
• Accrued payment obligations remain due

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@trakbiz.com and attempt to resolve the issue informally for at least 30 days.

13.2 Arbitration

Any disputes not resolved informally will be settled by binding arbitration, not in court. You waive your right to participate in class actions.

13.3 Governing Law

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

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TrakBiz.

14.2 Severability

If any provision is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Failure to enforce any right does not waive our right to enforce it later.

14.4 Assignment

You may not assign these Terms without our consent. We may assign our rights and obligations at any time.

15. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Updating the "Last Updated" date
• Sending an email notification

Continued use after changes constitutes acceptance of the new Terms.

16. Contact Us

If you have questions about these Terms, please contact us:

• Email: legal@trakbiz.com
• Support: support@trakbiz.com
• Website: www.trakbiz.com