Terms of Service

Welcome to KweliTrak. These Terms of Service ("Terms") govern your access to and use of the KweliTrak platform, including the kwelitrak.com website, web application, APIs, client portal, and any related services (collectively, the "Service"), operated by KweliTrak ("KweliTrak," "we," "us," or "our").

By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" refers to both you individually and the organization. If you do not agree to these Terms, do not use the Service.

1. Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.

2. Account Registration and Security

2.1 Account Creation

To access most features of the Service, you must register for an account by providing accurate, current, and complete information. You agree to update your account information promptly if it changes. You may not create an account using false or misleading information or on behalf of someone else without their permission.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to immediately notify us at [email protected] if you suspect unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.

2.3 Organizations and Teams

The Service supports multi-user organizations. Organization administrators are responsible for managing team member access, roles, and permissions. Administrators may add or remove users, assign roles, and control access to assessment data within their organization. By inviting a user to your organization, you grant them access to data in accordance with the role-based permissions you configure.

3. Subscriptions, Payments, and Billing

3.1 Plans and Pricing

The Service is offered under multiple subscription plans, including a free tier and paid tiers with additional features, capacity, and support. Current pricing and plan details are available on our pricing page. We reserve the right to modify pricing at any time, with at least 30 days' notice to existing subscribers before any price increase takes effect on their next billing cycle.

3.2 Free Trial

Certain paid plans may include a free trial period. At the end of your free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial period ends. We will notify you before the trial expires.

3.3 Billing and Payment

Paid subscriptions are billed in advance on a monthly or annual basis, depending on the billing cycle you select. Payment is processed through our third-party payment processor (currently Stripe). By providing payment information, you authorize us to charge the applicable subscription fees to your designated payment method. All fees are quoted in U.S. dollars unless otherwise stated.

3.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period — you will retain access to paid features until then.

3.5 Refunds

Subscription fees are generally non-refundable except where required by applicable law. If you believe you are entitled to a refund due to a billing error or service issue, please contact us at [email protected] within 14 days of the charge. We will review refund requests on a case-by-case basis.

3.6 Add-On Packs

Certain activity packs and features may be available as paid add-ons beyond your base subscription plan. Add-on pricing is displayed in the Service and will be billed in addition to your base subscription. Add-ons may be added or removed at any time and are prorated accordingly.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any illegal or unauthorized purpose, or in violation of any applicable local, state, national, or international law or regulation.
• Access or attempt to access another user's account, data, or organization without authorization.
• Interfere with, disrupt, or overburden the Service or its underlying infrastructure, including through denial-of-service attacks, automated scraping, or excessive API requests beyond rate limits.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Upload, transmit, or store any content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable.
• Use the Service to transmit malware, viruses, or other harmful code.
• Remove, alter, or obscure any proprietary notices, labels, or marks on the Service.
• Resell, sublicense, or redistribute access to the Service to third parties without our prior written consent.
• Use the Service to compete directly with KweliTrak or to build a substantially similar product.
• Circumvent or attempt to circumvent any usage limits, access controls, or security features of the Service.

We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates these restrictions, including suspending or terminating access to the Service and reporting violations to law enforcement authorities.

5. Your Data and Content

5.1 Ownership

You retain all ownership rights to the data, content, and materials you upload, submit, or create through the Service ("Your Content"), including but not limited to assessment data, audit findings, client information, photos, documents, reports, and custom templates. KweliTrak does not claim any ownership interest in Your Content.

5.2 License to KweliTrak

By uploading or submitting Your Content to the Service, you grant KweliTrak a limited, non-exclusive, worldwide, royalty-free license to host, store, process, display, and transmit Your Content solely as necessary to provide, maintain, and improve the Service. This license terminates when you delete Your Content or close your account, except as required for backup retention periods described in our Privacy Policy.

5.3 Client Assessment Data

The Service is designed for IT assessments, audits, and compliance reviews. You may enter information about your clients, their employees, their IT infrastructure, and their security posture. You represent and warrant that you have the necessary authority, rights, consents, and legal basis to enter this data into the Service, share it through client portals, and include it in exported reports. You are solely responsible for ensuring your use of client data complies with all applicable privacy laws and contractual obligations.

5.4 Data Portability

You may export Your Content at any time through the Service's built-in export features (PDF reports, CSV exports, API access). Upon account termination, we will provide a reasonable period (90 days) for you to export your data before it is scheduled for deletion.

5.5 Aggregated and Anonymous Data

We may create aggregated, anonymized, or de-identified data derived from Your Content and usage of the Service ("Aggregated Data"). Aggregated Data does not identify you, your organization, or your clients. We may use Aggregated Data for any lawful purpose, including to analyze trends, improve the Service, and publish industry benchmarks.

6. Intellectual Property

6.1 KweliTrak's Intellectual Property

The Service, including its software, design, text, graphics, logos, icons, images, activity pack configurations, report templates, and documentation, is owned by KweliTrak or its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

6.2 Trademarks

"KweliTrak," the KweliTrak logo, and other KweliTrak marks are trademarks of KweliTrak. You may not use these trademarks without our prior written consent, except as necessary to reasonably identify KweliTrak as the provider of the Service (e.g., "Powered by KweliTrak" in client-facing reports where branding is enabled).

6.3 Feedback

If you provide us with feedback, suggestions, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate that Feedback into the Service without obligation or compensation to you.

7. Client Portal

The Service includes a client portal feature that allows you to share assessment progress and findings with your clients via branded, read-only shareable links. When you enable and share a client portal link:

• You are responsible for determining what data is visible through the portal and to whom the link is shared.
• You are responsible for ensuring that sharing assessment data with your client complies with any applicable agreements, privacy laws, and confidentiality obligations.
• Portal links may be accessed by anyone who possesses the link. You should treat portal links as sensitive and share them only with intended recipients.
• We do not verify the identity of individuals who access client portal links. If you require access restrictions, contact us about enterprise access control options.

8. API Access and Integrations

8.1 API Usage

Certain subscription plans include access to the KweliTrak REST API. API access is subject to rate limits, authentication requirements, and usage policies documented in our API documentation. You are responsible for securing your API keys and for all activity conducted through them.

8.2 Third-Party Integrations

The Service may integrate with third-party tools and platforms (e.g., RMM tools, PSA platforms, directory services, ticketing systems). Your use of third-party integrations is subject to the respective third party's terms and privacy policies. We are not responsible for the availability, accuracy, or security of third-party services, or for any data shared with them through integrations you configure.

8.3 Webhooks

The Service may send webhook notifications to URLs you configure. You are responsible for the security and availability of your webhook endpoints. We are not liable for data transmitted to webhook URLs you specify.

9. Service Availability and Support

9.1 Uptime

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance (for which we will provide advance notice when possible), emergency maintenance, or factors beyond our reasonable control.

9.2 Support

Support availability varies by subscription plan. Free plan users have access to self-service documentation. Paid plan users receive email support with response times as described in the applicable plan description. Enterprise customers may negotiate dedicated support and SLA terms.

9.3 Modifications to the Service

We may modify, update, or discontinue features of the Service at any time. We will make reasonable efforts to provide notice of material changes that significantly affect your use of the Service. Continued use of the Service after such changes constitutes your acceptance of the modifications.

10. Termination

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us at [email protected]. If you are on a paid plan, cancellation takes effect at the end of your current billing period. No partial refunds are provided for unused time within a billing period.

10.2 Termination by KweliTrak

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe that:

• You have violated these Terms or our Acceptable Use policy.
• Your account has been used for fraudulent, illegal, or unauthorized activity.
• You have failed to pay applicable fees after reasonable notice and a cure period of at least 7 days.
• Continued provision of the Service to you would pose a security risk or legal liability.

We will make reasonable efforts to provide notice before termination except where immediate action is necessary to protect the Service, other users, or comply with legal obligations.

10.3 Effect of Termination

Upon termination, your right to access the Service ceases immediately (or at the end of the billing period for voluntary cancellations). We will retain your data for 90 days after account closure to allow for reactivation or data export, after which it will be scheduled for permanent deletion in accordance with our Privacy Policy. Sections of these Terms that by their nature should survive termination (including Sections 5, 6, 11, 12, 13, 14, and 15) will survive.

11. Disclaimers

12. Limitation of Liability

13. Indemnification

You agree to indemnify, defend, and hold harmless KweliTrak and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or related to:

• Your use of the Service or any activity under your account.
• Your Content, including any client assessment data you enter into the Service.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third-party rights, including intellectual property, privacy, or contractual rights.
• Any claim by a third party (including your clients) arising from your use of the client portal, exported reports, or shared assessment data.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal legal proceeding, you agree to attempt to resolve any dispute with KweliTrak informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days. If we are unable to resolve the dispute informally, either party may proceed as described below.

14.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator, and the seat of arbitration shall be the State of Michigan, United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.3 Class Action Waiver

You agree that any arbitration or legal proceeding shall be conducted on an individual basis only and not as a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against KweliTrak.

14.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

15.2 Entire Agreement

These Terms, together with the Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and KweliTrak regarding the Service and supersede all prior agreements, understandings, and representations.

15.3 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15.4 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by KweliTrak to be effective.

15.5 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this section is void.

15.6 Notices

We may provide notices to you via email to the address associated with your account, through in-app notifications, or by posting notices on the Service. You are responsible for keeping your email address current. Notices sent by email are deemed received on the date sent. For legal notices to KweliTrak, please write to [email protected].

15.7 Force Majeure

KweliTrak shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, internet or telecommunications failures, cyberattacks, pandemics, labor disputes, or power outages.

16. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email and/or by posting a prominent notice on the Service at least 30 days before the changes take effect. For non-material changes (e.g., clarifications, formatting), we may update the Terms without advance notice.

Your continued use of the Service after the effective date of any updated Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service and close your account before the changes take effect.

17. Contact Us

If you have any questions about these Terms, please contact us: