Terms of Service

These Terms of Service govern access to and use of TrackerQMS websites, hosted applications, software services, APIs, integrations, documentation, support services, communications, and related offerings. By accessing or using TrackerQMS, creating an account, accepting an order form, starting a trial, or using the services on behalf of an organization, you agree to be bound by these Terms.

If you access or use TrackerQMS on behalf of a company, customer, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. If you do not agree to these Terms or do not have authority to bind the applicable entity, you may not access or use the services.

TrackerQMS provides hosted quality management software designed to support supplier management, document control, CAPA, quality events, audits, training, risk management, compliance readiness, electronic approvals, audit trail activity, reporting, integrations, and related business workflows. The scope of services available to a customer depends on the customer’s subscription plan, trial status, purchased entitlements, configuration, and any applicable written agreement.

TrackerQMS may modify, enhance, suspend, discontinue, replace, or update features from time to time. TrackerQMS may also provide beta, preview, experimental, or evaluation functionality that is made available for limited use and may be changed or withdrawn without notice.

Customers are responsible for all activity occurring under their accounts, including activity by administrators, employees, contractors, suppliers, consultants, and other users invited or authorized by the customer. Customers are responsible for maintaining accurate account information, managing user access, assigning appropriate roles and permissions, protecting credentials, and promptly disabling access for users who no longer require use of the services.

Users must not share login credentials, impersonate another person, bypass authentication controls, access accounts without authorization, or use the services in a manner that compromises confidentiality, integrity, availability, or security. TrackerQMS may suspend or restrict access where it reasonably believes account activity creates a security, legal, operational, or compliance risk.

Access to TrackerQMS features may be limited by plan type, trial status, user counts, supplier counts, storage limits, transaction limits, workflow usage, API usage, AI usage, integration access, support level, or other subscription entitlements. Customers are responsible for monitoring use of the services and ensuring use remains within applicable plan limits.

Free trials, pilot accounts, proof-of-concept environments, or evaluation subscriptions may be subject to additional limitations, expiration dates, reduced support, data retention limits, or conversion requirements. Unless otherwise agreed in writing, TrackerQMS may modify, suspend, or terminate trial access at any time.

Customers retain all rights in and to Customer Content submitted to TrackerQMS, including supplier records, controlled documents, quality records, CAPA records, audit records, nonconformance records, complaint records, training records, compliance evidence, workflow records, attachments, comments, approvals, and related data. TrackerQMS does not claim ownership of Customer Content.

Customers grant TrackerQMS a limited, non-exclusive right to host, process, transmit, display, store, copy, back up, and otherwise use Customer Content solely as necessary to provide, secure, maintain, support, and improve the services, comply with law, enforce agreements, and perform related business operations. Customers are responsible for the accuracy, legality, quality, integrity, retention, and appropriateness of Customer Content.

Customers are responsible for determining whether TrackerQMS is suitable for their intended business, quality, regulatory, security, validation, privacy, and compliance requirements. Customers are responsible for implementing appropriate internal procedures, training users, validating configurations, managing records, reviewing outputs, approving workflows, maintaining supplier controls, and ensuring that use of the services aligns with applicable laws, regulations, standards, contracts, and internal policies.

TrackerQMS may provide tools, templates, reports, workflows, analytics, AI-assisted functionality, and compliance-related features, but such functionality does not constitute legal, regulatory, quality, validation, medical, engineering, or professional advice. Customers remain solely responsible for decisions made using the services.

Customers and users may not use TrackerQMS for unlawful, harmful, fraudulent, infringing, abusive, disruptive, or unauthorized purposes. Prohibited conduct includes attempting to gain unauthorized access to systems or data, probing or scanning infrastructure without authorization, interfering with service operation, uploading malicious code, reverse engineering the services, scraping content, reselling access without authorization, violating third-party rights, or using the services to process data in violation of applicable law.

Customers may not use TrackerQMS to develop a competing product or service through unauthorized copying, benchmarking, analysis, or extraction of platform functionality. Customers may not remove proprietary notices, circumvent technical controls, exceed usage limits, or use the services in a manner that could damage TrackerQMS, its customers, users, infrastructure, reputation, or third-party providers.

TrackerQMS implements reasonable administrative, technical, and organizational safeguards designed to protect the services and Customer Content. Customers acknowledge that security is a shared responsibility. Customers are responsible for configuring access controls, assigning permissions, enforcing internal security policies, protecting endpoints, safeguarding credentials, reviewing user activity, and reporting suspected unauthorized access or security incidents promptly.

TrackerQMS may investigate suspected misuse, unauthorized access, security events, or violations of these Terms. Customers agree to cooperate with reasonable security investigations and remediation activities involving their accounts, users, integrations, or Customer Content.

TrackerQMS is designed to support regulated quality management activities; however, customers are responsible for determining the applicability of regulatory requirements to their operations and for validating the services as appropriate for their intended use. Customers are responsible for their own quality system procedures, regulatory interpretations, electronic record and electronic signature practices, audit responses, supplier qualification decisions, CAPA decisions, risk decisions, and compliance records.

TrackerQMS does not guarantee that use of the services will cause a customer to comply with any specific law, regulation, standard, framework, audit requirement, certification requirement, or customer requirement. Customers must independently evaluate, configure, test, approve, and maintain their use of the services in accordance with their own procedures and obligations.

TrackerQMS may provide AI-assisted or automated functionality that can help users search, summarize, classify, draft, analyze, recommend, or organize information. AI-assisted outputs may be incomplete, inaccurate, or inappropriate for a particular use case. Customers are responsible for reviewing and approving all AI-assisted outputs before relying on them for quality, compliance, regulatory, contractual, or operational purposes.

Customers are responsible for determining whether AI-assisted functionality is appropriate for their intended use and whether additional controls, review procedures, validation, or restrictions are necessary. TrackerQMS may impose usage limits, plan restrictions, administrative controls, or other requirements on AI-assisted features.

The services may allow customers to connect, integrate, import from, export to, or interact with third-party services, identity providers, storage systems, analytics tools, communication platforms, or other external systems. Customers are responsible for authorizing integrations, configuring permissions, reviewing data flows, and complying with third-party terms.

TrackerQMS is not responsible for third-party services, third-party content, external systems, third-party security controls, outages, data handling practices, or changes made by third-party providers. TrackerQMS may suspend or modify integrations where necessary for security, operational, legal, or compatibility reasons.

Customers agree to pay all fees associated with their subscription, usage, add-ons, implementation, support, or other purchased services according to the applicable order form, checkout process, invoice, or written agreement. Fees are generally non-refundable unless otherwise required by law or expressly stated in a written agreement.

Customers are responsible for applicable taxes, duties, levies, assessments, and governmental charges other than taxes based on TrackerQMS income. Failure to pay amounts when due may result in suspension or termination of access, late fees, collection activity, or other remedies permitted by law or agreement.

TrackerQMS and its licensors retain all rights, title, and interest in and to the services, software, platform, documentation, designs, workflows, interfaces, templates, analytics, visual elements, trademarks, service marks, trade names, proprietary methods, know-how, and other intellectual property. No rights are granted except as expressly stated in these Terms or a written agreement.

Customers may provide feedback, suggestions, enhancement requests, recommendations, or ideas regarding TrackerQMS. TrackerQMS may use such feedback without restriction or obligation, provided that such use does not disclose Customer Content in violation of applicable confidentiality obligations.

Each party may receive confidential or proprietary information from the other party in connection with the services, including business information, technical information, security information, pricing, product plans, Customer Content, documentation, workflows, and other non-public information. The receiving party agrees to protect confidential information using reasonable care and to use it only for purposes related to the business relationship.

Confidentiality obligations do not apply to information that is publicly available without breach, already known without restriction, independently developed without use of confidential information, rightfully received from a third party, or required to be disclosed by law. If disclosure is legally required, the receiving party will provide notice where legally permitted.

TrackerQMS processes personal information in accordance with its Privacy Policy and applicable written agreements. Customers are responsible for providing required notices, obtaining required consents, responding to data subject requests, and ensuring that personal information submitted to the services is processed lawfully.

Where required, the parties may enter into additional data processing, business associate, security, or privacy terms. Customers should not submit sensitive, restricted, protected, export-controlled, or regulated information unless authorized to do so and unless appropriate contractual and operational safeguards are in place.

TrackerQMS may suspend or terminate access to the services if a customer or user violates these Terms, fails to pay fees, creates a security risk, causes service disruption, exceeds plan limits, violates applicable law, misuses the services, or if suspension is necessary to protect TrackerQMS, customers, users, third-party providers, or the integrity of the platform.

Upon termination or expiration, customer access to the services may cease. Customer Content may be available for export for a limited period depending on the subscription, agreement, platform functionality, and legal requirements. TrackerQMS may delete or retain information after termination as permitted by agreement, law, backup practices, and retention obligations.

Except as expressly provided in a written agreement, the services are provided on an “as is” and “as available” basis. TrackerQMS disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free performance, and suitability for any specific regulatory or compliance outcome.

TrackerQMS does not warrant that the services will meet all customer requirements, that all errors will be corrected, that the services will operate without interruption, or that reports, analytics, recommendations, AI-assisted outputs, or compliance features will be complete, accurate, or sufficient for a customer’s intended use.

To the maximum extent permitted by law, TrackerQMS will not be liable for indirect, incidental, consequential, special, exemplary, enhanced, or punitive damages, including lost profits, lost revenue, lost data, loss of goodwill, business interruption, regulatory consequences, audit findings, replacement services, or loss arising from customer decisions, even if advised of the possibility of such damages.

To the maximum extent permitted by law, TrackerQMS aggregate liability arising out of or related to the services or these Terms will not exceed the amounts paid by the customer to TrackerQMS for the services giving rise to the claim during the twelve months preceding the event giving rise to liability, unless a different limitation is expressly stated in a written agreement.

Customers agree to defend, indemnify, and hold harmless TrackerQMS from and against claims, damages, liabilities, losses, costs, and expenses arising from Customer Content, customer misuse of the services, violation of these Terms, violation of law, infringement or misappropriation of third-party rights, customer integrations, or customer regulatory, quality, validation, or compliance decisions.

TrackerQMS may provide indemnification obligations in a separate written agreement for certain enterprise customers. Any such obligations will apply only to the extent expressly stated in the applicable agreement.

Unless otherwise stated in a written agreement, these Terms and any dispute arising from or relating to the services will be governed by the laws specified by TrackerQMS in the applicable agreement or, if no agreement specifies governing law, by the laws of the jurisdiction in which TrackerQMS is organized, without regard to conflict of law principles.

The parties agree to attempt to resolve disputes in good faith before initiating formal proceedings, except where immediate relief is necessary to protect confidential information, intellectual property, security, service integrity, or legal rights.

TrackerQMS may update these Terms from time to time to reflect changes in law, business operations, security requirements, product functionality, pricing structures, or service practices. Updated Terms may be posted on the TrackerQMS website or made available through the platform.

Continued use of the services after updated Terms become effective constitutes acceptance of the updated Terms. If a customer does not agree to updated Terms, the customer must stop using the services and follow any applicable termination procedures.

These Terms, together with any applicable order form, enterprise agreement, data processing agreement, privacy policy, security terms, and incorporated documents, constitute the agreement between the parties regarding the services. If any provision is found unenforceable, the remaining provisions will remain in effect. Failure to enforce a provision does not waive the right to enforce it later.

Customers may not assign these Terms without TrackerQMS consent except as permitted by written agreement. TrackerQMS may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets. Provisions that by their nature should survive termination will survive, including confidentiality, payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, and dispute provisions.