Terms of Service

1. Acceptance of Terms

By accessing or using Ontracko ("Service", "Platform") you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the Service. These Terms form a legally binding agreement between you (or the organization you represent) and Ontracko, Inc.

2. Description of Service

Ontracko monitors vendor SLA (Service Level Agreement) compliance on your behalf, detects potential breaches, prepares credit claim packages, and provides tools to file claims with your vendors. Ontracko does not guarantee that any credit will be approved or paid by your vendor. Vendor decisions are solely at the vendor's discretion.

3. Eligibility

You must be at least 18 years old and have the authority to bind your organization to these Terms. By using the Service you represent that you meet these requirements.

4. Accounts and Organizations

You are responsible for maintaining the security of your account credentials. Notify us immediately at security@ontracko.app if you suspect unauthorized access. You may not share credentials or allow multiple people to use a single account.

Organization admins control member access and are responsible for their members' actions within the Platform.

5. Fees and Payment

The 8% recovery fee is due and payable within 30 days of your vendor confirming and crediting your account. You authorize Ontracko to invoice you for this fee. Fees are non-refundable once the credit is confirmed.

We reserve the right to update our fee structure with 30 days' notice. Changes do not apply retroactively to claims already in progress.

6. Vendor Credentials and Permissions

You grant Ontracko read-only access to your vendor accounts solely for the purpose of monitoring SLA compliance. You represent that you have the authority to grant this access and that doing so does not violate any agreement with your vendor.

We will not use your vendor credentials for any purpose other than SLA monitoring and breach detection. You can revoke access at any time by disconnecting the vendor in the Platform or revoking the OAuth grant directly with the vendor.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose
• Attempt to gain unauthorized access to any system or data
• Submit false or misleading information to vendors
• Resell or sublicense access to the Service without written consent
• Reverse engineer, decompile, or disassemble the Platform
• Interfere with the integrity or performance of the Service

8. Intellectual Property

The Service, including all software, designs, and content, is owned by Ontracko, Inc. and protected by intellectual property laws. These Terms do not grant you any ownership rights. You retain ownership of your data; you grant Ontracko a limited license to process your data solely to provide the Service.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY PARTICULAR CREDIT CLAIM WILL BE SUCCESSFUL.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONTRACKO'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO ONTRACKO IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) $100. ONTRACKO SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Indemnification

You agree to indemnify and hold harmless Ontracko, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorney's fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

You may cancel your account at any time from the account settings page. Upon cancellation, your monitoring will stop and your data will be retained for 90 days before deletion, unless you request immediate deletion.

We may suspend or terminate your account for violation of these Terms, non-payment of fees, or if we reasonably believe your use poses a risk to the Service or other users. We will provide notice where practicable.

13. Governing Law

These Terms are governed by the laws of the State of New York, USA, without regard to conflict of law principles. Any dispute shall be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to personal jurisdiction in those courts.

14. Changes to Terms

We may update these Terms from time to time. We will notify registered users by email at least 14 days before material changes take effect. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.

15. Contact

Questions about these Terms? Contact us at legal@ontracko.app or: Ontracko, Inc., 447 Broadway, 2nd Floor, New York, NY 10013, USA.