Traxx360 User Agreement

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.

1. Service Description

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:

  • Real-time Location Tracking: GPS-based tracking of agents during active campaign work
  • Campaign Management: Tools for creating, scheduling, and managing marketing campaigns
  • Agent Management: Portal for managing field agents, approvals, and assignments
  • Communication Hub: Integrated messaging system between clients, agents, and administrators
  • Performance Analytics: Comprehensive reporting and analytics on campaign effectiveness
  • Billing & Payments: Subscription management and campaign cost processing via M-Pesa
  • Mobile Applications: Dedicated apps for agents and clients
  • Admin Portal: Administrative tools for platform management

2. User Accounts and Registration

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:

  • Clients: Businesses or individuals who use the Service to manage campaigns and agents. Clients have access to campaign creation, agent management, analytics, billing, and communication features.
  • Agents: Individuals authorized by Clients to participate in campaigns and whose activity may be monitored. Agents have access to mobile app features including location sharing, task reporting, and communication.
  • Administrators: Personnel authorized by Traxx360 to manage the platform, including client management, system configuration, and support services.

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.

3. Data Collection, Use, and Privacy

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:

  • For Clients: Name, email address, phone number, company name, service model, billing information
  • For Agents: Name, email address, phone number, national ID, residence, profile photo
  • For All Users: Account preferences, communication settings, usage patterns

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:

  • Made available to the Client managing the campaign for monitoring and operational purposes
  • Stored securely and retained according to our data retention policy
  • Only collected during active campaign participation
  • Immediately ceased when Agents check out or log out

3.3. Campaign Data: Clients may input data related to their marketing campaigns, including:

  • Campaign names, descriptions, objectives, and target locations
  • Campaign images, videos, and media content
  • Target dates, duration, and agent requirements
  • Campaign notes, reports, and performance metrics

3.4. Communication Data: Our messaging system collects and stores:

  • Messages exchanged between clients, agents, and administrators
  • Message timestamps, read receipts, and delivery status
  • File attachments, images, and media shared through the platform

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:

  • Account Data: Retained while your account is active and for a reasonable period after deactivation
  • Location Data: Retained for the duration of active campaigns plus 30 days for operational purposes
  • Campaign Data: Retained for 2 years from campaign completion for analytics and reporting
  • Communication Data: Retained for 1 year from the date of communication
  • Billing Data: Retained for 7 years to comply with tax and financial regulations

3.8. Data Security: We implement industry-standard security measures to protect your data, including:

  • Encryption of data in transit and at rest
  • Regular security audits and updates
  • Access controls and authentication measures
  • Secure data centers and backup systems

However, no system is completely secure, and we cannot guarantee absolute security.

4. User Responsibilities and Conduct

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:

  • Not to misuse or attempt to gain unauthorized access to the Service or other users' accounts
  • To comply with all applicable laws and regulations, including data protection and privacy laws
  • Not to upload or transmit any material that is defamatory, offensive, or otherwise objectionable
  • Not to use the Service for any illegal activities or to facilitate illegal activities
  • Not to interfere with or disrupt the Service or servers connected to the Service
  • Not to attempt to reverse engineer, decompile, or disassemble any part of the Service

4.1. Client Responsibilities: Clients are responsible for:

  • Ensuring they have necessary consents from their Agents for location tracking and data collection as required by law
  • The accuracy and legality of campaign information they provide
  • Managing their Agents, including approvals, removals, and campaign assignments
  • Complying with all applicable labor, privacy, and data protection laws regarding their Agents
  • Maintaining appropriate security measures for their account access
  • Ensuring their campaigns comply with local laws and regulations
  • Providing accurate billing information and maintaining sufficient funds for payments

4.2. Agent Responsibilities: Agents agree to:

  • Provide accurate personal information required for their role
  • Consent to location tracking by the platform while actively checked into a campaign they have joined
  • Use the application responsibly and provide accurate data related to their tasks
  • Maintain the confidentiality of their account credentials
  • Report any technical issues or security concerns immediately
  • Comply with their Client's policies and instructions regarding campaign participation
  • Use the messaging system appropriately and professionally

5. Campaign Management and Operations

5.1. Campaign Creation: Clients may create campaigns with the following considerations:

  • Campaigns must have clear objectives and comply with applicable laws
  • Campaign dates and agent requirements must be specified accurately
  • Campaign costs will be calculated and displayed before confirmation
  • Campaigns may be paused, rescheduled, or cancelled subject to our policies

5.2. Agent Participation: Agents may join campaigns through:

  • Invitation from Clients using unique invite codes
  • Approval process managed by Clients
  • Compliance with campaign requirements and Client policies

5.3. Location Tracking: Location tracking is:

  • Only active when Agents are checked into campaigns
  • Requires explicit consent from Agents
  • Used solely for campaign management and operational purposes
  • Immediately disabled when Agents check out or log out

5.4. Reporting and Analytics: The platform provides:

  • Real-time campaign performance metrics
  • Agent activity reports and analytics
  • Historical data for campaign optimization
  • Export capabilities for business intelligence

6. Communication and Messaging

6.1. Messaging System: Our integrated messaging system allows:

  • Direct communication between clients and their agents
  • Group messaging for campaign coordination
  • File and media sharing for campaign materials
  • Read receipts and delivery status tracking

6.2. Communication Guidelines: Users agree to:

  • Use the messaging system for professional communication only
  • Respect other users' privacy and communication preferences
  • Not send spam, unsolicited messages, or inappropriate content
  • Maintain appropriate professional conduct in all communications

6.3. Message Retention: Messages are retained for 1 year from the date of communication for operational and compliance purposes.

7. Billing and Payments

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:

  • Number of agents assigned to the campaign
  • Duration of the campaign (active days)
  • Platform usage and data processing
  • Additional features or services requested

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:

  • Subscription fees are billed in advance on a monthly basis
  • Campaign costs are charged upon campaign creation or activation
  • Failed payments may result in service suspension
  • All fees are non-refundable except as required by law or at our sole discretion

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. Service Availability and Support

8.1. Service Availability: We strive to maintain high service availability but cannot guarantee 100% uptime. The Service may be temporarily unavailable due to:

  • Scheduled maintenance and updates
  • Technical issues or system failures
  • Network connectivity problems
  • Force majeure events

8.2. Support Services: We provide support through:

  • Email support at support@traxx360.com
  • In-app help and documentation
  • Technical assistance for platform issues
  • Training and onboarding for new users

8.3. Updates and Maintenance: We may update the Service from time to time to:

  • Improve functionality and performance
  • Fix bugs and security issues
  • Add new features and capabilities
  • Ensure compliance with regulations

9. Intellectual Property

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:

  • Use, store, and display your content to provide the Service
  • Process and analyze your content for service improvement
  • Share your content with other users as intended by the Service

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. Disclaimers and Limitation of Liability

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. Termination and Account Deletion

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:

  • Your access to the Service will cease immediately
  • We will retain your data according to our data retention policy
  • Any outstanding payments will remain due and payable
  • Your content may be permanently deleted after the retention period

12. Governing Law and Dispute Resolution

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:

  • Good faith negotiations between the parties
  • Mediation if negotiations fail
  • Arbitration or court proceedings as a last resort

12.3. Jurisdiction: Any legal proceedings shall be brought in the courts of Kenya, and you consent to the jurisdiction of such courts.

13. Changes to Agreement

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:

  • Email notifications to your registered email address
  • In-app notifications and announcements
  • Updates to this Agreement page

14. Miscellaneous

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.

15. Contact Information

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