Last Updated: December 2024
Welcome to Traxx360! This User Agreement ("Agreement") governs your use of the Traxx360 platform, including our website, mobile applications, and related services (collectively, the "Service"), provided by Traxx Technology Ltd. ("Traxx360", "we", "us", or "our").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these terms, please do not use the Service.
Traxx360 is a comprehensive field force management platform designed to help businesses manage and monitor their field agents, campaigns, billing, and communication. Our platform includes:
2.1. Registration Requirements: To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2. Account Security: You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account. Traxx360 cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
2.3. Account Types and Permissions:
2.4. Account Verification: We may require verification of your identity or business information before granting access to certain features. This may include document verification, phone verification, or other security measures.
Your privacy is important to us. Our collection and use of personal information in connection with the Service is described in our Privacy Policy, which is incorporated by reference into this Agreement.
3.1. Profile Information: We collect information you provide when you create an account, including:
3.2. Location Data: For the Service to function as intended, particularly for agent tracking, Traxx360 collects real-time location data from Agents' devices when they are actively checked into a campaign and have granted necessary permissions. This location data is:
3.3. Campaign Data: Clients may input data related to their marketing campaigns, including:
3.4. Communication Data: Our messaging system collects and stores:
3.5. Billing Information: For Clients, we collect billing information, such as M-Pesa phone numbers, to process payments for subscriptions and campaign costs. Transaction history is maintained for record-keeping.
3.6. Usage Data: We may collect data on how you use the Service, such as features accessed, time spent on the platform, interactions, and performance metrics.
3.7. Data Retention: We retain your data for as long as necessary to provide the Service and comply with legal obligations. Data retention periods vary by type:
3.8. Data Security: We implement industry-standard security measures to protect your data, including:
However, no system is completely secure, and we cannot guarantee absolute security.
You agree not to use the Service for any unlawful purpose or in any way that interrupts, damages, or impairs the Service. Specifically, you agree:
4.1. Client Responsibilities: Clients are responsible for:
4.2. Agent Responsibilities: Agents agree to:
5.1. Campaign Creation: Clients may create campaigns with the following considerations:
5.2. Agent Participation: Agents may join campaigns through:
5.3. Location Tracking: Location tracking is:
5.4. Reporting and Analytics: The platform provides:
6.1. Messaging System: Our integrated messaging system allows:
6.2. Communication Guidelines: Users agree to:
6.3. Message Retention: Messages are retained for 1 year from the date of communication for operational and compliance purposes.
7.1. Subscription Fees: Access to certain features of the Client Portal may require a recurring subscription fee. Fees are specified at the time of subscription and are subject to change with prior notice.
7.2. Campaign Costs: Creating and running campaigns incurs costs based on factors such as:
These costs will be estimated and presented to you before you confirm campaign creation and payment.
7.3. Payment Processing: Payments are processed via M-Pesa. You authorize us (and our third-party payment processor) to charge your provided M-Pesa number for all applicable fees.
7.4. Payment Terms:
7.5. Billing Disputes: If you dispute any charges, you must notify us within 30 days of the charge. We will investigate and resolve disputes in accordance with our policies.
8.1. Service Availability: We strive to maintain high service availability but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to:
8.2. Support Services: We provide support through:
8.3. Updates and Maintenance: We may update the Service from time to time to:
9.1. Platform Ownership: The Service and its original content, features, and functionality are and will remain the exclusive property of Traxx Technology Ltd. and its licensors. The Service is protected by copyright, trademark, and other laws of Kenya and foreign countries.
9.2. User Content: You retain ownership of content you upload to the Service, but you grant us a license to:
9.3. Feedback and Suggestions: Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without compensation or obligation to you.
10.1. Service Disclaimer: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRAXX360 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.2. Limitation of Liability: IN NO EVENT SHALL TRAXX360 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.
10.3. Maximum Liability: Our total liability to you for any claims arising from this Agreement shall not exceed the amount you paid to us in the 12 months preceding the claim.
11.1. Termination by Traxx360: We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach the Agreement.
11.2. Termination by User: If you wish to terminate your account, you may do so through your account settings or by contacting our support team.
11.3. Effect of Termination: Upon termination:
12.1. Governing Law: This Agreement shall be governed and construed in accordance with the laws of Kenya, without regard to its conflict of law provisions.
12.2. Dispute Resolution: Any disputes arising from this Agreement shall be resolved through:
12.3. Jurisdiction: Any legal proceedings shall be brought in the courts of Kenya, and you consent to the jurisdiction of such courts.
13.1. Modification Rights: We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
13.2. Acceptance of Changes: By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
13.3. Notification: We will notify you of changes through:
14.1. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14.2. Entire Agreement: This Agreement constitutes the entire agreement between you and Traxx360 regarding the Service and supersedes all prior agreements and understandings.
14.3. Waiver: The failure of Traxx360 to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.
14.4. Assignment: You may not assign or transfer this Agreement or your account without our written consent. We may assign this Agreement without restriction.
If you have any questions about this Agreement, please contact us at:
General Support: al.maina@oohtraxx.com
Legal Inquiries: al.maina@oohtraxx.com
Business Development: al.maina@oohtraxx.com
Traxx Technology Ltd.
Nairobi, Kenya
Last Updated: December 2024