Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Track that Mac Ltd. ("we", "us", or "our") governing your use of the Track that Mac service, including our website, applications, and related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

2. Description of Service

Track that Mac is a fleet management service for macOS computers. The Service consists of:

• Agent App: Software installed on monitored Macs that reports device status
• Admin App: Software for administrators to view and manage their fleet
• Backend Services: Cloud infrastructure that stores and processes device data

The Service allows organisations to monitor basic device information such as hardware details, macOS version, storage capacity, and online status. It does not provide remote control, file access, or surveillance capabilities.

3. Account Terms

Registration

To use the Service, you must create an account. You agree to:

• Provide accurate and complete registration information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorised use of your account
• Accept responsibility for all activity that occurs under your account

Account Requirements

• You must be at least 18 years old to create an account
• You must be a human — accounts registered by automated methods are not permitted
• One person or organisation may maintain only one free account

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to monitor devices without proper authorisation or consent
• Install the Agent on devices you do not own or have permission to manage
• Use the Service to violate any applicable law or regulation
• Attempt to gain unauthorised access to the Service or other users' accounts
• Interfere with or disrupt the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service without our written consent
• Use the Service for competitive analysis or to build a competing product

5. Subscriptions and Payment

Free Tier

The Free tier allows monitoring of up to 3 machines with 3 months of data retention. No payment is required.

Paid Plans

Paid plans (Pro tier) are billed annually in advance. By subscribing to a paid plan, you agree that:

• We may charge your payment method for the subscription fee
• Subscriptions automatically renew unless cancelled before the renewal date
• Prices are in US dollars and exclude applicable taxes
• We may change prices with 30 days' notice; changes apply at next renewal

Refunds

Subscription fees are non-refundable except where required by law. If you cancel mid-term, you retain access until the end of your paid period.

Changes to Your Plan

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the next billing cycle.

6. Data and Privacy

Our collection and use of data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You retain ownership of all data you submit to the Service. By using the Service, you grant us a licence to store, process, and transmit your data as necessary to provide the Service.

You are responsible for:

• Obtaining any required consent from individuals whose devices are monitored
• Complying with applicable data protection laws (such as GDPR)
• Maintaining backups of your data as needed

7. Intellectual Property

The Service, including all software, content, trademarks, and documentation, is owned by Track that Mac Ltd. or our licensors. These Terms do not grant you any rights to our intellectual property except the limited licence to use the Service as described herein.

You may not copy, modify, distribute, or create derivative works of the Service without our written permission.

8. Termination

By You

You may close your account at any time by contacting us. Upon termination:

• Your access to the Service will cease
• Your data will be deleted within 30 days (except as required by law)
• No refund will be issued for unused subscription time

By Us

We may suspend or terminate your account if you:

• Violate these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity

We will provide reasonable notice before termination where possible, except in cases of serious violations.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure
• Data transmitted through the Service will be accurate or complete
• The Service will meet your specific requirements

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRACK THAT MAC LTD. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR NZ$100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Track that Mac Ltd., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your failure to obtain required consents for device monitoring

12. Governing Law and Disputes

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

Any disputes arising from these Terms or the Service shall be resolved in the courts of New Zealand, and you consent to the exclusive jurisdiction of those courts.

Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting us at legal@trackthatmac.com.

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the effective date. For significant changes, we may also notify you by email.

Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you should stop using the Service.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign these Terms without our consent. We may assign our rights and obligations without restriction.
• Force Majeure: We are not liable for failures or delays caused by circumstances beyond our reasonable control.