Terms of Service

1. Acceptance of Terms

By creating an account, you agree to these Terms of Service ("Terms") and acknowledge our Privacy Policy. If you do not agree, do not create an account or use Trackpr. These Terms govern the relationship between Contractor Growth Co. ("Contractor Growth Co.," "we," "us," or "our") and the contracting business creating the account ("Contractor," "you," or "your"). This document describes our general business terms. It is not a substitute for legal advice, and it has not been reviewed by outside counsel.

2. Eligibility and Account Responsibility

You must be authorized to bind the business you represent to these Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

3. Service Description

Trackpr is software, combined with an ongoing managed service provided by Contractor Growth Co., that captures, tracks, and helps you follow up with leads and customers for your contracting business, including automated and AI-assisted messaging tools, appointment and estimate tracking, and related workflow automation.

4. The Contractor Growth Co. Managed-Service Relationship

Unlike off-the-shelf software you configure entirely yourself, Trackpr is built, configured, and managed on an ongoing basis by Contractor Growth Co. as part of the service you are paying for. We may make configuration changes, updates, and improvements to the system on your behalf as part of that managed relationship.

5. Access to the Software

Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable right to access and use Trackpr for your own internal business purposes for as long as your account remains active and in good standing. You may not resell, sublicense, or provide access to Trackpr to any third party outside your own business.

6. Fees

The commercial terms currently offered are:

• A one-time implementation/setup fee of $2,500; and
• A recurring Growth Management fee of $1,497 per month.

The exact fees, billing frequency, and terms presented to you during checkout or in an order confirmation control if they differ from the general description on our website or in this document.

7. Billing and Payment

Payment is processed by our third-party payment processor. By providing payment information, you authorize us to charge the setup fee and to charge the recurring Growth Management fee on an ongoing basis until your account is cancelled in accordance with Section 8. You are responsible for keeping your payment method current and valid.

8. Cancellation

You may request cancellation of the recurring Growth Management subscription at any time by contacting us at the address in Section 20. Cancellation stops future recurring charges; it does not retroactively refund fees already charged, except as described in Section 9. Access to Trackpr may end at the close of the billing period in which cancellation is processed.

9. Refunds

The one-time implementation/setup fee compensates work already performed to build and configure your system and, except where required by law or as otherwise stated in an order confirmation, is non-refundable once that work has begun. Refund requests for the recurring Growth Management fee are evaluated on a case-by-case basis; contact us at the address in Section 20 to make a request.

10. Failed Payments

If a payment fails, we may retry the charge, suspend access to Trackpr, or both, until a valid payment is received. We will make reasonable efforts to notify you of a failed payment before suspending access.

11. Your Responsibilities

You are responsible for: the accuracy and lawfulness of the business, lead, and customer information you input into Trackpr; obtaining any consents required from your own customers before we send communications on your behalf; and your own compliance with laws applicable to your business, including telemarketing, messaging, and consumer-protection laws.

12. Acceptable Use

You will not use Trackpr to:

• Send unlawful, deceptive, harassing, or unsolicited messages to any person who has not agreed to receive them;
• Upload or process data you do not have the right to use;
• Attempt to interfere with, disrupt, or gain unauthorized access to Trackpr or its underlying systems; or
• Use Trackpr in a manner that violates applicable law.

13. Messaging and Communications Responsibilities

Trackpr includes technical tools intended to support responsible messaging - such as processing STOP, START, and HELP keywords and honoring opt-outs on future sends - but these tools are not a substitute for your own compliance obligations. You remain responsible for ensuring your use of Trackpr's messaging features complies with applicable law, including obtaining any required consent before your customers are contacted.

14. AI and Automation Limitations

Some communications and workflow steps within Trackpr may be drafted or handled with the assistance of automated or AI-based tools. These tools are provided as productivity aids and are not guaranteed to be error-free, and Contractor Growth Co. does not guarantee that automated or AI-assisted output will always be accurate, appropriate, or free of mistakes. You are responsible for reviewing automation configuration relevant to your business and for any communication sent on your behalf, and Trackpr provides settings to disable AI-assisted messaging for your account.

15. No Guarantee of Results

Trackpr is a tool and managed service intended to help you capture, track, and follow up on opportunities. We do not guarantee any specific amount of revenue, leads, appointments, jobs, or other business results from your use of Trackpr. Business outcomes depend on many factors outside our control.

16. Third-Party Services and Integrations

Trackpr relies on third-party services (including payment processing, SMS/text-message delivery, and workflow automation) to operate. We are not responsible for outages, errors, or changes in those third-party services that are outside our reasonable control.

17. Intellectual Property

Trackpr, including its software, design, and underlying technology, is owned by Contractor Growth Co. or our licensors. These Terms do not transfer any ownership of Trackpr to you. You retain ownership of the business, lead, and customer data you input into Trackpr.

18. Confidentiality

Each party will use reasonable care to protect non-public information disclosed by the other party in connection with the service and will not disclose it to third parties except as necessary to perform its obligations, as permitted under our Privacy Policy, or as required by law.

19. Data Responsibilities

As between you and Contractor Growth Co., you are responsible for the accuracy, legality, and appropriateness of the data you input into Trackpr. We process that data to provide the service as described in our Privacy Policy.

20. Limitation of Liability

To the maximum extent permitted by law, Contractor Growth Co. will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of revenue, profits, or business opportunities, arising out of or related to your use of Trackpr, even if advised of the possibility of such damages. To the maximum extent permitted by law, our total liability arising out of or related to these Terms or Trackpr will not exceed the amount you paid to us in the twelve (12) months before the claim arose.

21. Indemnification

You agree to indemnify and hold Contractor Growth Co. harmless from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: your data; your use of Trackpr in violation of these Terms or applicable law; or your failure to obtain any consent required from your own customers before communications are sent to them on your behalf.

22. Suspension and Termination

We may suspend or terminate your access to Trackpr if you fail to pay applicable fees, materially breach these Terms, or use Trackpr in a way that creates legal or security risk for Contractor Growth Co. or others. You may stop using Trackpr and request cancellation as described in Section 8 at any time.

23. Changes to the Service or These Terms

We may update Trackpr and these Terms from time to time. When we update these Terms, we will update the effective date above, and material changes will be reflected in an updated version presented at signup. Your continued use of Trackpr after a change becomes effective constitutes acceptance of the updated Terms.

24. Governing Law and Disputes

These Terms are governed by the laws applicable to Contractor Growth Co.'s principal place of business, without regard to conflict-of-law principles, except to the extent a different governing law is required by applicable consumer-protection law. Any dispute arising out of these Terms will be resolved through good-faith negotiation in the first instance.

25. Contact Us

Questions about these Terms, billing, or cancellation can be sent to contractorgrowthcompany@gmail.com.

See also our Privacy Policy.