Terms of Service

1. Agreement and Order of Precedence

These Terms of Service (the "Terms") govern access to and use of the PowerTrack CRM platform, powertrack-crm.com, account authentication, communications, integrations, AI-assisted features, automation, support, and related services (collectively, the "Services"). These Terms are between PowerTrack ("PowerTrack," "we," "us," or "our") and the person or organization using the Services.

By accessing or using the Services, you agree to these Terms. If you use the Services for a dealership, employer, or other organization (a "Customer Organization"), you represent that you are authorized to accept and follow these Terms on its behalf. If you lack that authority or do not agree, do not use the Services and notify the Customer Organization that provisioned your access.

These documents work together. When their terms conflict, the following rules apply:

1. An express precedence provision in a signed document controls.
2. A signed master services agreement, customer agreement, order form, or statement of work controls within its stated scope.
3. A data processing addendum, security addendum, or service-level agreement controls for its specific subject matter.
4. These Terms control over feature instructions or general documentation.

The Privacy Policy and SMS Terms explains how personal information is handled and is incorporated into these Terms. A Customer Organization's own policies may also apply to its users and records, but they do not bind PowerTrack unless we agree to them in writing.

2. Eligibility and Authority

• The Services are intended for businesses and authorized business users, not personal or household use.
• You must be at least 18 years old and legally able to enter into these Terms.
• You may use the Services only for a Customer Organization that authorized your access and only within your assigned role and permissions.
• You must comply with applicable law, the Customer Organization's instructions, and any professional or industry duties that apply to your work.
• You may not use the Services if your access has been suspended, revoked, or prohibited by law.

PowerTrack may rely on instructions from a Customer Organization's designated administrators concerning users, permissions, configuration, integrations, retention, export, and account status. An administrator's authority is determined by the Customer Organization, not by PowerTrack.

3. Accounts, Administrators, and Security

You and the Customer Organization are responsible for:

• Providing accurate, current account and contact information.
• Keeping usernames, passwords, verification codes, recovery methods, devices, and API or integration credentials confidential.
• Using a mobile number you control for SMS alerts or 2FA and updating it before it is reassigned.
• Assigning least-privilege roles, promptly removing departed users, and reviewing administrator access.
• All actions taken through an account until suspected compromise is reported and access is secured.
• Promptly notifying PowerTrack and the applicable administrator of unauthorized access, credential loss, number reassignment, or suspected misuse.

Do not share an individual account, impersonate another person, or allow an unauthorized person or system to use your credentials. Customer Organization administrators may access, manage, restrict, export, or remove organizational accounts and data as permitted by their agreement and applicable law. An individual user's access may end when the Customer Organization revokes it, even if the user created some of the content.

4. Service Access and License

Subject to these Terms and the applicable Customer Agreement, PowerTrack grants the Customer Organization and its Authorized Users a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access and use the Services for the Customer Organization's internal business operations during the applicable service term. No software, source code, model, or ownership interest is sold or transferred.

Access is limited to enabled features, locations, roles, usage levels, and integrations. The Customer Organization is responsible for compatible devices, browsers, internet and carrier service, connected-system accounts, and any third-party licenses required for its configuration. Documentation and in-product instructions form part of the permitted-use conditions for the relevant feature.

PowerTrack may update the Services to improve security, reliability, usability, compliance, or functionality. We will not use a routine update to override a conflicting commitment in a signed Customer Agreement.

5. Customer Data and Content

"Customer Data" means information, records, files, communications, prompts, configuration, and other content submitted to, imported into, generated through, or stored in the Services by or for a Customer Organization. It can include customer and prospect records, vehicle and service data, opportunities, deals, invoices, repair orders, appointments, tasks, notes, messages, emails, calls, recordings, transcripts, documents, images, video, and connected-system data.

Ownership and operational permission

As between PowerTrack and the Customer Organization, the Customer Organization retains its rights in Customer Data. The Customer Organization grants PowerTrack and its subprocessors a limited right to host, copy, transmit, format, index, analyze, display, transform, and otherwise process Customer Data only as reasonably necessary to provide, secure, support, maintain, and configure the requested Services; follow documented instructions; prevent abuse; and comply with law. This permission ends when the data is deleted under the applicable agreement and retention process, subject to backups, legal holds, and permitted records.

Customer responsibilities

The Customer Organization represents and is responsible for ensuring that:

• It has all rights, notices, consents, permissions, and lawful bases needed for Customer Data and instructed processing.
• Its collection, import, use, disclosure, communication, recording, transcription, and retention of Customer Data comply with applicable law.
• Customer Data and instructions do not infringe, misappropriate, or violate another person's rights.
• Imports and synchronization from dealership management systems or other sources are authorized and reconciled for accuracy.
• Users do not upload unnecessary regulated or highly sensitive data into a feature not approved for it.
• It maintains appropriate source records, exports, or backups for information it cannot afford to lose.

PowerTrack does not independently verify every record, recipient, attachment, instruction, consent, or connected-system result. Customer Organizations and users must review data before relying on it or using it to communicate, transact, or make a decision.

6. Privacy, Confidentiality, and Security

Our Privacy Policy describes PowerTrack's processing roles, data categories, purposes, disclosures, retention criteria, safeguards, and privacy-request process. Where PowerTrack processes personal information for a Customer Organization, the applicable Customer Agreement and data processing addendum govern the parties' controller, processor, or service-provider obligations.

Each Customer Organization is responsible for its privacy notices, user training, permissions, data-subject request handling, records schedules, legal holds, and use of Customer Data. Regulated organizations must determine whether additional written security, privacy, localization, or vendor-management terms are required. These public Terms do not replace a required data processing or security addendum.

Users may access nonpublic information only for authorized business purposes and must protect it from unauthorized use or disclosure. Security and confidentiality commitments between PowerTrack and a Customer Organization are governed by their Customer Agreement. No system is completely secure; users must follow account-security instructions and promptly report suspected incidents to their administrator and PowerTrack.

7. Communications, Calls, and Recordings

PowerTrack provides tools that Customer Organizations may use to send or receive SMS/MMS, email, calls, appointment reminders, service updates, sales follow-up, and other communications. For a Customer Organization's communications, that organization—not PowerTrack—is the sender or caller and determines the purpose, audience, timing, content, and legal basis.

Before initiating or automating communications, the Customer Organization must:

• Obtain and retain legally sufficient consent for each sender, recipient, channel, and messaging purpose.
• Accurately identify the sender and avoid deceptive caller ID, routing information, subject lines, or content.
• Honor opt-outs, revocations, suppression records, do-not-call requirements, quiet hours, and frequency restrictions.
• Maintain consent evidence, including the wording, source, method, date, scope, and applicable sender.
• Comply with telemarketing, text-messaging, email, privacy, consumer-protection, and carrier requirements, including the TCPA and CAN-SPAM Act where applicable.
• Monitor complaint, block, delivery, and carrier feedback and cooperate with remediation or registration requirements.

PowerTrack controls can assist with consent and suppression workflows, but they do not make a campaign or communication legally compliant by themselves. Users may not bypass suppression controls, reclassify marketing as transactional to avoid requirements, or import contacts obtained without appropriate authority.

Calls, recordings, and transcripts

Recording and transcription laws vary by jurisdiction and context. Before initiating, recording, transcribing, monitoring, or retaining a call, the Customer Organization must determine which laws apply, provide required notices, and obtain all required consents. PowerTrack does not determine whether a particular recording is lawful. Do not use a recording or transcription feature if the required authority and disclosures are not in place. Transcripts can contain errors and must be reviewed before reliance.

The Services are not an emergency communications system. Message, email, and call delivery can be delayed, filtered, blocked, misdirected, or unavailable and must not be used for urgent or life-safety purposes.

8. Account SMS, Alerts, and 2FA

PowerTrack's own account alerts and SMS two-factor authentication are separate from communications sent by a Customer Organization to its customers or prospects. The full program terms appear in the Privacy Policy and SMS Terms and are incorporated here.

• You must affirmatively select the specific opt-in presented for the account-message purpose.
• You confirm that you are the subscriber or customary user of the mobile number and will keep it current.
• 2FA messages are triggered by verification activity; account-alert frequency varies with activity and settings.
• Standard message and data rates may apply, and carriers are not liable for delayed or undelivered messages.
• Reply STOP to a supported sender to opt out and HELP for available help, or contact support.
• Opting out of a sender used for mandatory SMS 2FA may prevent access until an administrator resets 2FA or another approved recovery method is available.

Consent to PowerTrack account texts is not consent to a Customer Organization's campaign, and neither type of consent automatically authorizes the other. PowerTrack does not use a phone number collected for 2FA for advertising. Agreeing to these Terms does not provide SMS consent; each SMS purpose requires its own choice.

9. AI-Assisted Features and Automation

The Services may use AI to draft communications, summarize conversations and opportunities, extract or classify information, retrieve Customer-provided knowledge, recommend actions, and support automated workflows. Automation may also create or update records, send communications, and schedule, reschedule, or cancel appointments according to Customer Organization configuration.

Customer Organizations and users acknowledge and agree that:

• AI output is probabilistic and may be inaccurate, incomplete, biased, outdated, non-unique, or inappropriate.
• An authorized person must review output and underlying records before sending, publishing, relying on, or acting on it.
• Approval controls do not eliminate the need to test, monitor, and supervise automations and connected actions.
• The Customer Organization remains responsible for messages, decisions, records, and actions generated at its direction.
• Users must have the right to supply prompts, files, knowledge sources, recordings, and other input.
• Users must not place passwords, authentication secrets, full payment-card data, or unnecessary sensitive information in prompts.
• AI output must not be used as the sole basis for credit, employment, housing, insurance, legal, medical, safety-critical, or similarly significant decisions.
• No output is guaranteed to be protectable, exclusive, or free of third-party rights.

As between the parties, rights in AI input and output are governed by the Customer Agreement and applicable law. These Terms do not silently expand PowerTrack's rights to use Customer Data for general-purpose model training. Any materially different use requires an applicable agreement, disclosure, or authorization.

10. Acceptable Use

You may not use, or help another person use, the Services to:

• Violate law, another person's rights, or a Customer Organization policy that applies to you.
• Send spam, unlawful or unwanted communications, harassment, threats, deceptive content, or content that facilitates fraud or discrimination.
• Bypass consent, suppression, rate, safety, approval, carrier, role, tenant, authentication, or security controls.
• Upload malware, destructive code, unlawful material, infringing content, or data you are not authorized to process.
• Probe, scan, penetrate, or test the vulnerability of the Services without prior written authorization.
• Interfere with service operation, overload infrastructure, evade limits, or disrupt another customer or provider.
• Access another person, organization, location, or record without authorization.
• Share accounts, harvest credentials, impersonate others, or misrepresent affiliation or sender identity.
• Scrape, crawl, bulk extract, or use undocumented automated access except through an authorized integration.
• Reverse engineer, decompile, disassemble, copy, or derive source code or underlying models except where applicable law expressly permits it.
• Use the Services or output to build a competing product or train a competing model without written permission.
• Use the Services for emergency dispatch, life support, weapons, unlawful surveillance, or another use where failure could foreseeably cause serious harm.

We may investigate suspected misuse and preserve or disclose relevant information when reasonably necessary to secure the Services, enforce these Terms, comply with law, or protect rights and safety. PowerTrack may apply technical limits or suspend affected access as described below.

11. Third-Party Services and Integrations

The Services may interoperate with Microsoft 365 and Microsoft Graph, Twilio, Microsoft Azure services, mapping and address providers, dealership management systems, browser-push services, storage providers, AI providers, carriers, and other Customer-selected systems. Third-party products are governed by their own terms, privacy notices, licenses, limits, and availability.

• The Customer Organization authorizes PowerTrack to exchange data with an integration it enables.
• The Customer Organization is responsible for third-party accounts, credentials, licenses, configuration, and instructions.
• A provider may change, limit, suspend, or discontinue functionality or revoke authorization.
• PowerTrack is not responsible for a third party's independent service, content, security, decisions, or terms.
• Synchronization, geocoding, delivery, transcription, and imported data can be incomplete, delayed, duplicated, or inaccurate and must be reviewed.

If an integration becomes unsafe, unlawful, unsupported, or unavailable, PowerTrack may limit or disable it. Where practical, we will communicate a material change through the Services or the Customer Organization's designated contact.

12. Commercial Terms, Evaluations, and Service Changes

Pricing, authorized quantities, subscription term, invoicing, taxes, payment, renewal, cancellation, refunds, support commitments, uptime, service credits, and any evaluation or trial conditions are stated only in the applicable Customer Agreement or order form. These public Terms do not create or modify a fee, renewal, refund, or service-level commitment.

If PowerTrack provides an evaluation, preview, beta, or experimental feature, it may be incomplete, change materially, have additional restrictions, or be discontinued. Do not use evaluation features for production data or critical operations unless the applicable written terms permit it.

We may perform maintenance and change or discontinue features. We will provide any notice required by the Customer Agreement or applicable law. No general statement in these Terms overrides a specific uptime, support, migration, deprecation, or service-credit commitment in a signed agreement.

13. Suspension, Termination, and Data Return

PowerTrack may restrict or suspend access when reasonably necessary to address a security threat, suspected unauthorized access, unlawful communications, provider or carrier complaint, acceptable-use violation, legal requirement, material breach, or nonpayment under an applicable Customer Agreement. When practical and legally permitted, we will notify the Customer Organization and limit the suspension to the affected user, feature, integration, traffic, or data.

A Customer Organization may remove an Authorized User at any time. Customer-level termination, cancellation, cure rights, and post-termination assistance are governed by the Customer Agreement. Data export, return, deletion, retention, backup expiration, and legal-hold handling are governed by the Customer Agreement, data processing addendum, and Privacy Policy. Individual users must direct organizational data requests to their Customer Organization administrator.

When access ends, the license in Section 4 ends. Provisions that by their nature should survive—including ownership, restrictions, confidentiality, disclaimers, risk allocation, and general terms—continue to the extent permitted by the applicable agreement and law.

14. Intellectual Property and Feedback

PowerTrack and its licensors retain all rights in the Services, including software, interfaces, design, documentation, workflows, compilations, trademarks, and underlying technology, excluding Customer Data and third-party materials. No rights are granted except the limited access right expressly stated in these Terms or a Customer Agreement.

You may not remove proprietary notices or use PowerTrack names, logos, or marks in a way that suggests endorsement or affiliation without permission. If you provide suggestions or feedback, PowerTrack may use them to operate and improve the Services without restricting your ability to use the same ideas. Feedback must not contain another party's confidential information.

Report suspected infringement involving the Services to support@powertrack-crm.com with enough information for us to evaluate the concern. This contact statement does not represent that PowerTrack has registered a statutory copyright agent or adopted a safe-harbor procedure not otherwise published.

15. Disclaimers and Business Transactions

PowerTrack provides CRM, communications, recordkeeping, integration, and workflow tools. Unless a separate written agreement expressly says otherwise, PowerTrack is not the dealership, vehicle seller, repair facility, lender, insurer, payment processor, telecommunications carrier, or party to a transaction recorded in the Services. Customer Organizations are responsible for their products, services, representations, pricing, contracts, consumer disclosures, and transactions.

The Services and their output are not legal, tax, accounting, medical, credit, lending, or regulatory advice. Configuration examples and compliance features do not guarantee that a Customer Organization's practices satisfy every law, contract, carrier rule, or industry requirement.

Except for an express warranty in a signed Customer Agreement and to the maximum extent permitted by law, the Services are provided "as is" and "as available." PowerTrack disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. PowerTrack does not warrant uninterrupted or error-free operation, guaranteed delivery, complete security, permanent third-party availability, perfect synchronization, or the accuracy or suitability of data, transcripts, recommendations, AI output, or automated actions.

Some jurisdictions do not allow certain disclaimers. In those jurisdictions, a disclaimer applies only to the extent permitted. Nothing in these Terms excludes a warranty or right that applicable law makes nonwaivable.

16. Risk Allocation

A signed Customer Agreement controls the parties' indemnity obligations, exclusions of damages, liability cap, claims procedure, insurance duties, and other allocation of risk. These public Terms do not create an additional dollar cap or indemnity obligation where none has been agreed in an applicable Customer Agreement.

To the maximum extent permitted by law and subject to the applicable Customer Agreement, PowerTrack and its licensors and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenues, goodwill, opportunities, or data, arising from an Authorized User's use of the Services, Customer Data, communications, recordings, automations, or third-party services, even if advised that such damages were possible.

This section does not limit liability that cannot lawfully be limited. A Customer Organization must take reasonable steps to mitigate loss, including maintaining appropriate access controls, source records, backups, approvals, monitoring, and business-continuity procedures.

17. General Terms

• Electronic communications. You agree that account and service notices may be provided electronically through the Services or to designated contact information. Formal legal notices must follow the applicable Customer Agreement.
• Governing law and disputes. The governing law, venue, and dispute procedure in the applicable Customer Agreement control. If no such agreement identifies them, applicable law determines them; these Terms do not add an arbitration or class-action waiver.
• Assignment. An Authorized User may not transfer an account or these Terms. Organizational assignment rights are governed by the Customer Agreement.
• Independent parties. These Terms do not create a partnership, franchise, fiduciary, employment, or agency relationship between PowerTrack and a Customer Organization or user.
• No third-party beneficiaries. Except as expressly stated in a Customer Agreement, these Terms do not give enforcement rights to another person.
• Waiver. A failure to enforce a provision is not a waiver of the right to enforce it later.
• Severability. If a provision is unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will continue.
• Headings. Headings and summaries are for convenience and do not change the operative terms.
• Entire agreement. The documents listed in Section 1 are the complete agreement concerning the Services and replace prior statements on the same subject, without altering rights that cannot be waived.

18. Changes and Contact

We may update these Terms to reflect changes in the Services, law, security, or business practices. We will post the updated version here and change the "Last Updated" date. For a material change, we will provide additional notice or request renewed acceptance when appropriate. We will not use a quiet update to obtain materially broader rights in previously collected Customer Data when separate notice or authorization is required.

Questions about these Terms or requests for an accessible alternate format may be sent to:

Contract notices, cancellations, and legal demands must use the notice method in the applicable Customer Agreement. A support message does not replace a required formal notice unless PowerTrack confirms otherwise in writing.