Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and Omar Calzada, a sole proprietorship in the State of Texas, doing business as OA Systems ("OA Systems," "we," "us," "our"). They govern your access to and use of Trakr, our software-as-a-service observability platform available at https://www.trakr.run and app.trakr.run (collectively, the "Service").

By creating an account, clicking to accept these Terms, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" includes that entity.

Trakr provides observability for AI agent workflows, including run analytics, cost monitoring, failure alerts, and related features. We may modify, suspend, or discontinue features with reasonable notice when practicable. The Service is offered on subscription tiers with usage limits described on our pricing page.

You must be at least 18 years old and able to form a binding contract to use the Service. You are responsible for the accuracy of registration information and for maintaining the confidentiality of your account credentials and API keys. Notify us promptly at support@trakr.run if you suspect unauthorized access.

You control what data your applications send to the Service through our integration tools. Telemetry may include workflow names, model usage, token counts, latency, error messages, tool names, optional tool input and output data, and metadata you attach to runs. You are responsible for ensuring you have all rights and notices required to collect and send that data, including personal data about your end users.

You will not send sensitive personal data (such as government IDs, financial account numbers, or health records) through the Service unless necessary for your use case and permitted by applicable law. Our Privacy Policy describes how we process data on your behalf.

You agree not to:

• Use the Service in violation of any applicable law or regulation
• Probe, scan, or test the vulnerability of our systems without written permission
• Interfere with or disrupt the Service or other users
• Access the Service through unauthorized automated means except documented APIs
• Resell or sublicense the Service except as expressly permitted in writing
• Upload malware or use the Service to attack third parties

We may suspend or terminate access for conduct that risks the Service, other customers, or third parties.

Paid plans are billed through our payment processor (Stripe) on a monthly or annual basis as selected at checkout. Fees are charged in advance for each billing period. Subscriptions renew automatically until canceled. You may cancel at any time; cancellation takes effect at the end of the current paid period unless otherwise stated at checkout.

Overage usage may be billed per your plan. Prices may change with at least 30 days' notice before your next renewal. Fees are exclusive of applicable taxes, which you are responsible for where required.

Except where required by law, fees are non-refundable. If you dispute a charge, contact support@trakr.run within 30 days of the charge.

Run telemetry is retained according to your subscription tier (currently 14 days for Starter, 90 days for Pro, and 365 days for Scale). After cancellation or downgrade, data may be deleted according to our retention schedule and product documentation. Account data is handled as described in our Privacy Policy.

We own the Service, software, documentation, and branding. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes. You retain ownership of your data and grant us the rights necessary to host, process, and display it to provide the Service.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT IT WILL DETECT ALL FAILURES OR COST OVERRUNS IN YOUR SYSTEMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OA SYSTEMS NOR OMAR CALZADA WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM THESE TERMS OR THE SERVICE.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

You will defend, indemnify, and hold harmless Omar Calzada, a sole proprietorship in the State of Texas, doing business as OA Systems from claims, damages, and expenses (including reasonable attorneys' fees) arising from your data, your use of the Service, your violation of these Terms, or your violation of third-party rights.

You may stop using the Service at any time. We may suspend or terminate your access for breach of these Terms, non-payment, or risk to the Service. Upon termination, your right to use the Service ends; sections that by their nature should survive (including payment obligations, disclaimers, limitations, indemnity, and governing law) will survive.

We may update these Terms by posting a revised version with a new "Last updated" date. Material changes will be communicated by email to your account address or through the Service when practicable. Continued use after the effective date constitutes acceptance of the updated Terms.

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. You and OA Systems agree to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and waive any objection to venue in those courts.

Before filing suit, the parties will attempt in good faith to resolve disputes by contacting support@trakr.run within thirty (30) days.

• Entire agreement: These Terms, the Privacy Policy, and order/checkout terms are the entire agreement regarding the Service.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices: We may provide notices by email, in-product message, or posting on the Service.

Questions about these Terms: support@trakr.run. General inquiries: contact@trakr.run. See also our Cookie Policy.