Terms of Service

Acceptance

By creating an account, accessing, or using TrackBay, you agree to these Terms of Service. If you do not agree, do not use the service. Continued use after we post updates constitutes acceptance of the revised terms.

Service description

TrackBay enables dealerships and service centers to share live vehicle delivery tracking with customers, coordinate drivers, and manage related trip communications. SMS notifications are optional and require explicit opt-in. TrackBay is a software coordination and information tool only. It is not a transportation carrier, insurer, navigation authority, or emergency service.

User responsibilities and safe use

You agree to provide accurate information, use the service lawfully, and not interfere with other users or the platform. You are solely responsible for how you use TrackBay while operating a vehicle or performing delivery work.

Do not interact with TrackBay in any way that distracts you from safe driving or lawful operation of a motor vehicle. Follow all traffic laws, employer policies, and device-use restrictions. Pull over to a safe location before using the app when required. You assume all risk arising from your decision to use the service while driving, navigating, loading, unloading, or otherwise working in or around vehicles.

No liability for accidents or physical harm

To the fullest extent permitted by law, TrackBay and its owners, officers, employees, contractors, and affiliates are not liable for any personal injury, death, property damage, or other loss arising from or related to:

• motor vehicle collisions, accidents, or near-misses occurring while a user is viewing, interacting with, or relying on the application;
• distracted driving, unsafe vehicle operation, or failure to obey traffic laws;
• reliance on GPS locations, maps, routes, ETAs, tracking links, chat messages, or other information displayed in the service;
• delays, missed appointments, vehicle condition issues, cargo loss or damage, or disputes between dealerships, drivers, and customers; or
• third-party acts or omissions, including carriers, wireless providers, mapping providers, or other users.

You acknowledge that location data, ETAs, and status updates may be inaccurate, delayed, incomplete, or unavailable, and that you must exercise independent judgment and prioritize safety at all times.

Disclaimer of warranties

TrackBay is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or uninterrupted availability. We do not warrant that the service will be error-free, secure, or free of harmful components, or that any particular result will be achieved from its use.

Limitation of liability

To the fullest extent permitted by law, TrackBay and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to your use of (or inability to use) the service—even if advised of the possibility of such damages.

To the fullest extent permitted by law, our aggregate liability for all claims relating to the service will not exceed the greater of (a) the amounts you paid us for the service in the twelve (12) months before the claim arose, or (b) one hundred U.S. dollars (US $100). Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold harmless TrackBay and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the service; (b) your violation of these terms or applicable law; (c) your negligence or willful misconduct, including while operating a vehicle; or (d) disputes between you and any dealership, driver, customer, or other third party.

Accounts and acceptable use

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You may not misuse the service, attempt to gain unauthorized access, scrape or reverse engineer the platform except as allowed by law, or use TrackBay to harass others or transmit unlawful content.

TrackBay SMS program terms

These terms apply to the TrackBay short code and long code SMS messaging program ("SMS Program").

Program name: TrackBay

Program description: TrackBay sends automated SMS delivery notifications to customers who opt in. Messages may include vehicle tracking links, ETA updates, arrival alerts, and driver coordination related to an active vehicle pickup or delivery arranged by your dealership.

Message frequency: Message frequency varies by trip (typically 1–5 messages per delivery).

Customer care: For help with the SMS Program, reply HELP to any message or email support@trackbay.app.

Opt-out: You can cancel the SMS service at any time. Text STOPto cancel. After you send the message "STOP" to us, we will send you one final message to confirm that you have been unsubscribed. After that, you will no longer receive SMS messages from us. You may also opt out through your account settings where available.

Consent to receive SMS messages is not required as a condition of purchasing goods or services from your dealership, and you may view live delivery tracking in your web browser without opting in to SMS.

If you are experiencing issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to support@trackbay.app.

Carriers are not liable for delayed or undelivered messages.

As always, message and data rates may apply for messages sent to you from us and to us from you. For questions about your text plan or data plan, contact your wireless provider.

For privacy-related inquiries, please refer to our Privacy Policy.

Termination

We may suspend or terminate access to the service if you violate these terms or if we discontinue the product. You may stop using TrackBay at any time. Provisions that by their nature should survive (including liability limitations, indemnification, and disclaimers) will survive termination.

Contact

Questions: support@trackbay.app