These Terms and Conditions ("Terms") govern your access to and use of the Smarter Tracks platform, including the mobile application, web portal, and all related services (collectively, the "Platform"), operated by BAC Tech LLC ("Company," "we," "us," or "our"). By accessing or using the Platform, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Platform.
The Platform is a business software tool designed for contractors, businesses, and professionals to manage tool and equipment inventory. It is not intended for personal consumer use.
By using the Platform, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organization you represent. You agree to use the Platform only for lawful business purposes and in accordance with these Terms.
All trademarks, copyrights, database rights, source code, and other intellectual property rights related to the Platform remain the exclusive property of the Company. You may not copy, modify, distribute, reverse engineer, decompile, or create derivative works of the Platform or any part thereof without prior written consent.
You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your login information or from unauthorized access to your account, whether or not you have notified us.
You may not share your account with unauthorized individuals. If you provide access to employees or team members, you are responsible for their compliance with these Terms.
You agree not to:
The Platform provides digital recordkeeping tools for tracking tool and equipment inventory. The Platform does not physically track, locate, insure, secure, or safeguard any tools or equipment. We are not responsible for the theft, loss, damage, depreciation, or misplacement of any physical tools, equipment, or assets, regardless of whether such items were recorded in the Platform.
The Platform is a recordkeeping aid only. You acknowledge that the Platform does not replace physical security measures, insurance coverage, or asset management best practices.
Any tool values, equipment costs, depreciation estimates, or other financial figures displayed within the Platform are estimates only based on user-provided data. The Platform does not provide and should not be relied upon as:
You are solely responsible for verifying any figures with a qualified professional before using them for tax filings, insurance claims, financial statements, or any other official purpose.
You are solely responsible for the accuracy, completeness, and legality of all data you enter into the Platform, including but not limited to tool descriptions, quantities, values, employee assignments, and any other information. We do not verify, audit, or guarantee the accuracy, completeness, or reliability of any user-entered data.
Any reports, summaries, or calculations generated by the Platform are based entirely on the data you provide. Errors in your data will result in errors in the Platform's output.
THE PLATFORM 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, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We strive to maintain high availability of the Platform, but we do not guarantee any specific uptime, continuous operation, or uninterrupted access. The Platform may be temporarily unavailable due to scheduled maintenance, updates, infrastructure issues, or circumstances beyond our control. We are not liable for any loss or damage resulting from any downtime or service interruption.
While we take reasonable measures to protect data stored on our systems, we are not responsible for any loss, corruption, or unavailability of your data. You acknowledge that it is your responsibility to maintain independent backups of any critical data. We are not liable for any damages arising from data loss, regardless of cause.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50.00 USD).
You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of or access to the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any data or content you submit to the Platform; or (e) any dispute between you and a third party related to the Platform or data within it.
The Platform integrates with and relies upon third-party services to provide its functionality. We are not responsible for the availability, accuracy, security, or practices of any third-party service, and we are not liable for any outages, data issues, or failures caused by third-party providers. Your use of these third-party services is governed by their respective terms:
Certain features of the Platform may require a paid subscription. All fees are stated at the time of purchase and are processed by our third-party payment provider, Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis until you cancel. You may cancel your subscription at any time, but no refunds will be provided for partial billing periods unless required by applicable law.
We reserve the right to change pricing at any time. We will provide reasonable notice before any price changes take effect for existing subscribers.
We reserve the right to modify, update, or discontinue the Platform (or any part of it) at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuance of the Platform. You agree to accept updates to the Platform when offered. The Platform is currently available on iOS, Android, and web; system requirements may change over time.
We may suspend or terminate your access to the Platform at any time, with or without cause, and with or without notice, including but not limited to situations where we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other users or our systems.
Upon termination: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must stop using the Platform and delete any copies of the application from your devices; (c) we may, but are not obligated to, delete your data after a reasonable retention period. Provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 5, 6, 7, 8, 11, 12, and 18.
Certain features of the Platform require an active internet connection. We are not responsible if the Platform does not function at full capacity due to lack of internet access. You are responsible for any data charges incurred from your mobile network provider, including roaming charges. You are also responsible for ensuring your device remains charged and operational.
We strongly advise against jailbreaking or rooting your device, as doing so may compromise security and cause the Platform to malfunction.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or your use of the Platform shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, it shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, with the arbitration taking place in Florida. You agree to waive any right to a jury trial or to participate in a class action lawsuit against the Company.
We may update these Terms from time to time. When we do, we will revise the "Effective Date" at the bottom of this page. We will notify you of material changes by posting the updated Terms on this page and, where appropriate, by email or in-app notification. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms.
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding your use of the Platform and supersede all prior agreements and understandings, whether written or oral.
If you have any questions about these Terms and Conditions, please contact us at Brockcoburn@smartertracks.com.
These Terms and Conditions are effective as of March 25, 2026.