Terms of Service

TERMS OF USE 

June 2024 

Thank You For Your Interest in TractIQ. Please read these Terms of Use,  which apply to your use of TractIQ, this website and as further described  below. 

This website, tractiq.com (the “Site”), is owned and operated by Feasibility  Edge LLC (“Feasibility Edge”, “we”, “us”). These Terms of Use (“Terms”) are a  legal agreement between you and Feasibility Edge (“Agreement”) and govern  your use of our Site, including TractIQ and other related products and services  (collectively, the “Services). Please read these Terms carefully before your  first use and upon any updates we may make from time to time. 

By using the Site or any other of our Services, you agree to be bound by  these Terms, including the policies referenced in these Terms (such as our  Privacy Policy and Cookie Policy). If you do not agree to all of these Terms,  you are not permitted to access, browse, or otherwise use our Services. 

Our Services 

TractIQ is an electronic database accessible through our Site, which consists  of Our Content and Materials (as defined below) for your use in accordance  with these Terms. Our Content and Materials include all data available on the  Site, including but not limited to, text, graphics, slideshows, interactive  features, and all other materials, as further described below. 

Using TractIQ

Who May Use Our Services 

The Site is intended to be used by businesses for their internal business  needs (not for resale or other exploitation, as further described below), and is  not for use by individual consumers. For avoidance of doubt, any use or  access by anyone under the age of 13 is prohibited and, by using our  Services, you represent and warrant that you are at least 13 years of age. 

Acceptable Use 

You may use our Services only in compliance with these Terms and all  applicable laws. 

Revisions to theseTerms  

We reserve the right to revise the Terms at our sole discretion at any time and  for any reason. Any revisions to these Terms will be effective immediately  upon posting by us, unless otherwise specified. For any material changes to  these Terms, we will take reasonable steps to notify you of such changes. In  all cases, your use of the Services after publication of such changes, with or  without notification, constitutes binding acceptance of the revised Terms. 

Registration 

Full access to our Services will require that you create a valid user account.  To create an account, you must provide us with an electronic mail address  and other information we request (“Registration Data”). You agree to  safeguard and will share or allow access to your log in data or Registration  Data..

In consideration of use of the Services, you agree to: (a) provide accurate,  current and complete information as prompted in the registration process or  when providing updated Registration Data, (b) provide accurate, current and  complete information when otherwise providing or when requested to provide,  any other information when using, or otherwise in connection with, the  Services, and (c) maintain and promptly update the Registration Data, and  any other information provided (as applicable) to keep it accurate, current and  complete. You further warrant that you have all legal rights to provide  Registration Data and any other content you provide to us, without violation of  the rights of any third party. We assume no duty to verify such information.  We reserve the right to suspend or terminate your account if we have  grounds to suspect that such information is inaccurate, not current or  incomplete. 

Privacy Policy 

We are committed to responsibly handling the information and data we collect  through our Site and Services in compliance with our Privacy Policy, which is  incorporated by reference into, and a part of, these Terms. The Privacy Policy  

explains our practices with respect to the personal data and other information you provide through use of the Services. By using our Services in any way,  you agree to the terms of the Privacy Policy, regardless of whether or not you  are a registered user. 

Feedback 

We welcome your feedback and suggestions about how to improve our  Services. Feel free to submit feedback at support@tractiq.com. By submitting 

feedback in this or in any other manner to us, you agree to grant us an  unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free  license to use any such feedback or suggestions for any purpose without any  obligation or compensation to you. 

Our Content and Materials 

Definition of Our Content 

All information, data or other content, and all intellectual property related  thereto, provided on, or otherwise related to, the Services (including, without  limitation, software, trademarks, logo and buttons, badges and widgets, but  excluding your User Content as defined below) is the property of Feasibility  Edge, its subsidiaries and affiliates or its licensors and sublicensors (“Our  Content and Materials”). 

Our License to You 

We grant you a limited, non-exclusive, non-transferable, non-sublicensable  and revocable license to use our Services for your legitimate business  purposes and solely in accordance with these Terms. You may download and  display Our Content and Materials available through our Services only for  purposes of using the Services. Any other use, reproduction, modification,  distribution, providing access, or storing Our Content and Materials for any  other purposes is expressly prohibited without prior written permission from  us. You shall not sell, license, or otherwise use or exploit any of Our Content  and Materials or derivatives of such data, content and materials for  commercial use or in any way that violates any third party right. We may  terminate this license at any time for any reason. Except for the rights and 

license granted in these Terms, we reserve all other rights and grant no other  rights or licenses, implied or otherwise. 

Restrictions 

You may not use or access the Services except as expressly provided in  these Terms. You agree not to use, modify, reproduce, distribute, sell, license,  reverse engineer, decompile, or otherwise exploit Our Content and Materials  without our express written permission. You expressly are prohibited from any  reverse engineering, decompiling, scraping or use of data mining, robots, or  similar data gathering and extraction tools in your use of the Services. You  agree that when using our Services you will also abide by and comply with all  applicable laws, rules and regulations and any applicable rights of third  parties. 

Ownership 

You acknowledge and agree that Our Content and Materials will remain the  property of Feasibility Edge, our affiliates or our licensors, as applicable. Our  Content and Materials are protected by U.S. and international copyright,  trademark and other laws, and you acknowledge that these rights are valid  and enforceable. You acknowledge that you do not acquire any ownership  rights by using the Services or the Site. 

User Content 

The Services may enable you to provide information, data or other materials,  and to provide Registration Data (together with Registration Data, “User  Content”), with us, and/or third parties. By uploading or otherwise providing

any User Content to the Site or in connection with the Services, you agree  that you have all necessary legal rights to provide such User Content to us  and that we may store and display your User Content in connection with the  Services. 

If you provide User Content, you grant Feasibility Edge and its affiliates,  subsidiaries, licensees and sublicensees, without compensation to you or  others, a fully-transferable, royalty-free, perpetual, sublicensable, non exclusive, worldwide license to copy, distribute, modify, create derivative  works based on, publicly perform, publicly display, and otherwise use the User  Content in accordance with these Terms. To the extent that you ever do not  have such rights to license, you agree to either promptly remove such User  Content or procure the necessary rights for us (at your own cost). 

Feasibility Edge does not claim ownership over any User Content submitted  on the Site or through the Services. You retain all intellectual property rights  in, other than the non-exclusive rights granted to us in the paragraph above,  and are responsible for the User Content you share. You agree to allow  

Feasibility Edge and other users to view your User Content and, to the extent  applicable, collaborate with you and your User Content, in accordance with  these Terms. 

You understand that all User Content is the sole responsibility of the user who  provided such User Content to us. This means that you, and not Feasibility  Edge, are entirely responsible for all User Content that you upload, post,  transmit or otherwise make available via your account. Feasibility Edge does  not control the User Content posted through our Services, and as such, does  not guarantee the accuracy, integrity or quality of such User Content. 

Feasibility Edge reserves the right to remove or modify User Content for any  reason, including User Content that we believe violates these Terms. 

There may be times in which we specify that we will not share all or portions  of User Content (such as the identity of the user who provided the User  Content). In such cases, we will adhere to the parameters we provide with  respect to such User Content. 

Third Party Content 

Through the Services, you will have the ability to access and/or use certain  User Content, and/or other data or links to websites and services maintained  by third parties (collectively, the “Third Party Content”). Feasibility Edge  cannot guarantee that such Third Party Content, on the Site or elsewhere, will  be free of material you may find objectionable or otherwise inappropriate or of  malware or other contaminants that may harm your computer, mobile device,  or any files therein. Feasibility Edge disclaims any responsibility or liability  related to your access or use of such Third Party Content. 

Prohibited Uses 

You may use the Services and the Site only for lawful purposes and in  accordance with these Terms. You agree not to use the Services or the Site: 

• In any way that violates any applicable federal, state, local or  international law or regulation or the rights of any third parties. ● For the purposes of exploiting, harming, or attempting to exploit or harm  minors in any way by exposing them to inappropriate content, asking for  personal data, or otherwise.

For any competitive or other business purpose other than the user’s  internal analytical or assessment purposes. 

• To send, knowingly receive, upload, download, use, or re-use any  material that does not comply with these Terms. 
• To transmit, or procure the sending of, any advertising or promotional  material related to the Services, without our prior written consent. ● To impersonate or attempt to impersonate Feasibility Edge, another  user, or any other person or entity. 
• To engage in any other conduct that restricts or inhibits anyone’s use or  enjoyment of the Services, or which, as determined by us, may harm  Feasibility Edge or users of the Services or expose them to liability. 

Otherwise attempt to interfere with the proper working of the Services and/or  the Site. 

Intellectual Property Rights 

Feasibility Edge respects the intellectual property rights of our users,  participating organizations, and other third parties and expects our users to do  the same when using the Services. 

If you infringe copyrights or other intellectual property rights of others, your  User Content may be removed or suspended in whole or in part. It is our  policy, in appropriate circumstances and our discretion, to disable and/or  terminate accounts of users who repeatedly infringe or are charged repeatedly  with infringing the copyrights or other intellectual property rights of others.  

Customers must not remove, alter, or obscure any proprietary notice or  identification, including copyright or trademark notices, contained in or on the  Licensed Data.

Feasibility Edge complies with the provisions of the Digital Millennium  Copyright Act (“DMCA”) applicable to Internet services providers (17 U.S.C. §  512). If you believe in good faith that materials hosted by Feasibility Edge  infringe your copyright or trademark rights, please provide Feasibility Edge’s  copyright agent the following written information: 

• An electronic or physical signature of the person authorized to act on  behalf of the owner of the copyright interest; 
• A description of the copyrighted work that you claim has been infringed  upon; 
• A description of where the material that you claim is infringing is located  on Site; 
• Your address, telephone number, and e-mail address; 
• A statement by you, made under penalty of perjury, that the above  information in your notice is accurate and that you are the copyright  owner or authorized to act on the copyright owner’s behalf. 

Notices and counter-notices with respect to claims of copyright infringement  on the Site must meet the then-current statutory requirements imposed by the  DMCA (see http://www.loc.gov/copyright for details) and should be sent to the  agent identified below. We suggest that you consult your legal advisor before  filing a notice or counter-notice. Also, be aware that there can be penalties for  false claims under the DMCA. 

Agent to Receive Notices of Claimed Infringement 

support@tractiq.com 

DMCA Complaints 

Feasibility Edge LLC

1933 SORVINO WALK 

LEANDER, TX 78641  

Subscriptions and Cancellations 

7-Day Trial 

• Individual users may subscribe to a 7-day free trial that provides full  access to the Services. 
• In order to subscribe, you will be prompted to provide Registration Data,  including but not limited to your name, email and billing information. ● If you do not cancel the subscription before the 7-day trial period ends,  the payment method provided will be charged for a monthly subscription  and will be effective until you cancel the subscription or the subscription  is suspended or discontinued by Feasibility Edge. 

Monthly Subscription 

• Your subscription will continue for 1 month and then automatically  renew for 1 month periods, unless and until you cancel your  subscription, or the subscription is suspended or discontinued by  Feasibility Edge. 
• You must cancel your subscription before your next monthly renewal  date to avoid the next billing. 
• If you cancel your subscription, cancellation will be effective at the end  of the 1-month period; you will have continued access to your  subscription for the remainder of that period and will not be billed for the  next billing cycle. 

Yearly Subscription

• Your subscription will continue for 12 months and then automatically  renew for another 12 month period, unless and until you cancel your  subscription, by providing at least 30 days prior written notice, or the  subscription is suspended or discontinued by Feasibility Edge. 
• If you cancel your subscription, cancellation will be effective at the end  of the 12-month period; you will have continued access to your  subscription for the remainder of that period and will not be billed for the  next billing cycle. 

Termination, Breach, Suspension and Cancellation of Paid SubscriptionIf your  subscription fee payment is overdue, Feasibility Edge may disable your  access to the features provided by the paid subscription. Feasibility Edge  may, at its sole discretion, at any time and for any reason, terminate the  Services, or suspend or terminate your account. In the event of suspension or  termination, your account will be disabled and you may not be granted access  to your account or any files or other content contained in your account, and  Feasibility Edge may delete your User Content. 

If you terminate your account, and you request that Feasibility Edge delete  your User Content, Feasibility Edge will make all reasonable efforts to do so. 

Refund Policy 

Payments are nonrefundable and there are no refunds or credits for partially  used subscriptions. Following any cancellation, however, you will continue to  have access to the Services through the end of your current billing period. At  

any time, and for any reason, we may provide a refund, discount, or other  consideration to some or all of our users (“Credits”). The amount and form of  such Credits, and the decision to provide them, are at our sole and absolute  discretion. The provision of Credits in one instance does not entitle you to 

Credits in the future for similar instances, nor does it obligate us to provide  Credits in the future, under any circumstances. 

Please note that we treat violations of our Terms very seriously, and we will  not make any refund if your subscription is terminated for violation of our  Terms or any of our policies. 

Price Adjustments 

Notification of Price Changes: We reserve the right to adjust the prices for our  services at any time. You will be notified of any price changes at least 14 days  before the new pricing takes effect. 

Effect of Price Change: The new pricing will apply starting from your next  billing cycle following the notification period. By continuing to use our services  after the price adjustment, you agree to the new pricing terms. 

Opt-Out: If you do not agree with the price change, you have the option to  cancel your subscription before the new pricing takes effect. Please refer to  our Cancellation Policy for details on how to cancel your subscription. 

Modifying and Terminating our Services 

We are constantly changing and improving our Services. We may add or  remove functions, features, or requirements, and we may suspend or stop the  Services altogether. None of Feasibility Edge, or other business partners, and  their employees, contractors, and other agents shall have any liability to you  for any such action.

Security 

We care about the security of our users. While we work to protect the security  of your account and related information, Feasibility Edge cannot guarantee  that unauthorized third parties will not be able to defeat our security  measures. Please notify us immediately of any compromise or unauthorized  use of your account by emailing support@tractiq.com. 

You are responsible for maintaining the confidentiality of the access data for  your account and are fully responsible for all activities that occur under your  account. You agree to (a) immediately notify Feasibility Edge of any  unauthorized use of your account or any other breach of security; and (b)  ensure that you exit from your account at the end of each session. 

Feasibility Edge is not liable for any loss or damage arising from your failure to  comply with this section. 

Your Representation and Warranties 

You represent and warrant that (a) all of the User Content provided by you to  Feasibility Edge to participate in the Services is accurate and current; and (b)  you have all necessary right, power and authority to enter into this Agreement  and to perform the act required of you under these Terms, without violation of  any applicable law or right of any third party; and (c) if you are an institution or  an organization, you have the authority to enter into these Terms and be, and  are, responsible for the conduct of authorized users and their compliance with  these Terms. 

Disclaimers and Limitations of Liability

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE  LIABILITY OF FEASIBILITY EDGE LLC TO YOU. 

The “Feasibility Edge LLC Entities” means Feasibility Edge LLC, and any  subsidiaries, affiliates, related companies, suppliers, licensors and partners,  and the directors, officers, employees, agents and representatives of each of  them. Each provision below applies to the maximum extent permitted under  applicable law. 

DISCLAIMERS 

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN  “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY  KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE  FOREGOING, THE FEASIBILITY EDGE LLC ENTITIES SPECIFICALLY  DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,  ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE  SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT,  NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF  COURSE OF DEALING OR USAGE OF TRADE. THE FEASIBILITY EDGE  LLC ENTITIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED  TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED  CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO  OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN  RISK. 

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE  FEASIBILITY EDGE LLC ENTITIES BE LIABLE FOR DAMAGES OF ANY  KIND, UNDER ANY LEGAL THEORY ARISING OUT OF OR IN  CONNECTION WITH YOUR USE OF THE SERVICES, THE SITE, ANY  WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH  OTHER WEBSITES. WITHOUT LIMITING THE FOREGOING, YOU AGREE  THAT THE FEASIBILITY EDGE LLC ENTITIES SPECIFICALLY WILL NOT  BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT  LIMITED TO, PERSONAL INJURY, PAIN, SUFFERING, EMOTIONAL  DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF  BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF  GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT  (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE,  EVEN IF THE FEASIBILITY EDGE LLC ENTITIES HAVE BEEN ADVISED  OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE  FORESEEABLE. YOUR USE OF THE SERVICES AND THE SITE IS AT  YOUR SOLE RISK. 

Indemnification 

You agree to fully indemnify, defend and hold the Feasibility Edge LLC and  their directors, officers, employees, consultants and other representatives  harmless from and against any claims, liabilities, damages, judgments,  awards, losses, costs, and other expenses or fees (including reasonable  attorneys’ fees) that directly or indirectly relate to or arise out of or from (a)  your violation of these Terms; (b) any claim of infringement or  misappropriation of intellectual property or other proprietary rights including, 

but not limited, to you use of Third Party Content; (c) your use of the Services  including any investment, purchase, sale or any financial decisions you make or consider based upon data inferred or directly derived from the Services or  

otherwise relating to the Services; and/or (d) your negligent or willful  misconduct. 

Dispute Resolution 

If you have a dispute with Feasibility Edge, you agree to promptly contact us  at support@tractiq.com to attempt in good faith to resolve the issue informally  first. If we are not able to resolve the dispute informally, then the below  provisions of this section will govern any legal dispute that relates to the  Services. 

1. Binding Arbitration. You and Feasibility Edge agree that any dispute, claim  or controversy arising out of or relating to these Terms or relating to the  Services (collectively, the “Disputes”) will be settled by binding arbitration,  except that each party retains the right to seek injunctive or other equitable  relief in a court of competent jurisdiction to prevent the actual or threatened  infringement, misappropriation, or violation of a party’s copyrights,  trademarks, trade secrets, patents, or other intellectual property rights. This  means that you and Feasibility Edge both agree to waive the right to a trial by  jury. Notwithstanding the foregoing, you may bring a claim against Feasibility  Edge in “small claims” court, instead of by arbitration, but only if the claim is  eligible under the rules of the small claims court and is brought in an  individual, non-class, and non-representative basis, and only for so long as it  remains in the small claims court and in an individual, non-class, and non representative basis.
2. Class Action Waiver. You and Feasibility Edge agree that any proceedings  to resolve Disputes will be conducted on an individual basis and not in a class,  consolidated, or representative action. This means that you and Feasibility  Edge both agree to waive the right to participate as a plaintiff as a class  member in any class action proceeding. Further, unless you and Feasibility  Edge agree otherwise in writing, the arbitrator in any Disputes may not  consolidate more than one person’s claims and may not preside over any  form of class action proceeding. 
3. Arbitration Administration and Rules. The arbitration will be administered in  accordance with the American Arbitration Association’s Commercial  Arbitration Rules and the Supplementary Procedures for Consumer Related  Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute  Resolution” section. (The AAA Rules are available at http://www.adr.org or by  calling the AAA at 1-800-778-7879). 
4. Arbitration Process. A party who desires to initiate the arbitration must  provide the other party with a written Demand for Arbitration as specified in  the AAA Rules. The arbitrator will be either a retired judge or an attorney  licensed to practice law in the state of New York and will be selected by the  parties from the AAA’s roster of arbitrators with relevant experience. If the  parties are unable to agree upon an arbitrator within 7 days of delivery of the  Demand for Arbitration, then the AAA will appoint the arbitrator in accordance  with the AAA Rules. 
5. Arbitration Location and Procedure. Unless you and Feasibility Edge agree  otherwise, the seat of the arbitration shall be in Austin, Texas. If your claim  does not exceed USD$10,000, then the arbitration will be conducted solely on 

the basis of documents you and Feasibility Edge submit to the arbitrator,  unless you request a hearing and the arbitrator then determines that a hearing  is necessary. If your claim exceeds USD$10,000, your right to a hearing will  be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will  have the discretion to direct a reasonable exchange of information by the  parties, consistent with the expedited nature of the arbitration. Hearings may  be conducted by telephone or video conference, if requested and agreed to by  the parties. 

1. Arbitrator’s Decision and Governing Law. The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of  limitations, and shall honor claims of privilege recognized by law. The  arbitrator will render an award within the timeframe specified in the AAA  Rules. Judgment on the arbitration may be entered in any court having  jurisdiction thereof. Any award of damages by an arbitrator must be consistent  with the “Disclaimers and Limitations of Liability” section above. The arbitrator  may award declaratory or injunctive relief in favor of the claimant only to the  extent necessary to provide relief warranted by the claimant’s individual claim. 
2. Fees. Each party’s responsibility to pay the arbitration filing, administrative  and arbitrator fees will depend on the circumstances of the arbitration and are  set forth in the AAA Rules. 

General 

Publicity 

You grant us the right to use your (or your company’s) name and/or logo as a  reference for marketing or promotional purposes on our website and in other 

public or private communications with our existing or potential customers. If  you do not want to be listed, you may send us an email to  

support@tractiq.com stating that you do not wish to be used as a reference. Governing Law and Jurisdiction 

The Services are managed by Feasibility Edge, which is located in Leander,  Texas. You agree that any dispute related to these Terms will be governed by  the laws of the State of Texas, excluding its conflicts of law provisions. You  further consent to the personal jurisdiction of and exclusive venue in the  federal and state courts located in and serving Travis County, Texas as the  legal forum for any such dispute. 

Severability; Waiver 

If it turns out that a particular provision of these Terms is not enforceable for  any reason or to any extent, this will not affect or render invalid any other  terms, and the application of that provision shall be enforced to the extent  permitted by law. If you do not comply with these Terms, and we do not take  immediate action, this does not indicate that we relinquish any rights that we  may have (such as taking action in the future). 

Force Majeure 

We are not liable by reason of any failure or delay in the performance of its  obligations on account of events beyond the reasonable control of a party,  which may include denial-of-service attacks, a failure by a third-party hosting  provider or utility provider, strikes, shortages, riots, fires, acts of God, war,  terrorism, and governmental action.

Entire Agreement 

The then-current Terms, including (a) any related policies and terms  referenced in the Terms and (b) any additional terms we provide or agree to  with you, are the entire agreement between you and Feasibility Edge  regarding the Services. The Terms may not be modified without the consent  of a duly authorized representative of Feasibility Edge, and will supersede and  prevail over any terms or conditions you may include with any purchase order  or other transaction document or communication with us, regardless of  whether Feasibility Edge signs them or fails to object to them. This “Entire  Agreement” section shall survive any expiration or termination of your  relationship with Feasibility Edge. 

Other 

The captions and headings appearing in these Terms are for reference only  and will not be considered in construing these Terms. Notice to you may be  made via email. Feasibility Edge may also provide notices of changes to these  Terms or other matters by displaying notices or links to notices to you  generally on the Services. 

Comments and Questions 

All correspondence to Feasibility Edge regarding these Terms must be sent to  support@tractiq.com.