Last Updated: February 13, 2026
IMPORTANT LEGAL NOTICE
THESE TERMS CONTAIN:
- A MANDATORY BINDING INDIVIDUAL ARBITRATION PROVISION
- A CLASS ACTION WAIVER
- A JURY TRIAL WAIVER
- A STRICT LIMITATION OF LIABILITY
- A NON-REFUNDABLE PAYMENT POLICY
BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS.
IF YOU DO NOT AGREE, YOU MUST NOT USE THE SERVICES.
1. Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of all applications, platforms, websites, software, analytics systems, AI tools, reports, APIs, mobile applications, curriculum systems, subscription services, and related services (collectively, the “Services”) provided by Trak Advantage Corp (“TAC,” “Company,” “we,” “us,” or “our”).
By creating an account, subscribing, accessing, or using any Service, you:
- Acknowledge that you have read and understand these Terms
- Agree to be legally bound by them
- Represent that you have authority to enter into this agreement
If you use the Services on behalf of an entity, you represent that you have authority to bind that entity.
2. Eligibility & Minor Accounts
You must be at least 13 years old to create an account.
If you are between the ages of 13 and 17 (“Minor”), you represent that:
- You have obtained permission from your parent or legal guardian to use the Services; and
- Your parent or legal guardian agrees to be bound by these Terms.
If you are under the age of 13, you may not create an account independently. A parent or legal guardian must create and manage the account and provide any consent required by applicable law.
Parents or legal guardians of Minors (including users under 13 and users ages 13–17) agree that they:
- Accept full legal responsibility for the Minor’s use of the Services
- Accept full financial responsibility for all charges and subscription renewals
- Agree to supervise the Minor’s activity
- Assume all risks associated with Minor use
Parents expressly waive claims against TAC arising from Minor activity conducted under supervised accounts.
Providing false age information constitutes a material breach of these Terms and may result in immediate suspension or termination without refund.
TAC does not knowingly collect personal information from children under 13 without appropriate parental involvement.
3. Account Registration & Security
You must:
- Provide accurate information
- Maintain updated information
- Protect login credentials
- Comply with authentication requirements
TAC may require:
- Multi-factor authentication
- Identity verification
- Fraud prevention measures
- Payment verification
You are solely responsible for all activity under your account.
Credential sharing, resale of access, or account transfers are prohibited.
Failure to safeguard your account is at your own risk.
4. User-Submitted Content
4.1 Ownership
You retain ownership of content you upload (“User Content”), subject to the license granted below.
4.2 License Grant
You grant TAC a worldwide, non-exclusive, royalty-free, sublicensable license to:
- Host
- Store
- Backup
- Process
- Analyze
- Modify for compatibility
- Display internally
- Transmit
- Use for platform functionality
- Use for safety, moderation, fraud prevention, compliance, and service improvement
This license survives termination solely for legal compliance, backup retention, and enforcement purposes.
4.3 Representations
You represent and warrant that:
- You own or have rights to upload the content
- The content does not infringe intellectual property
- The content does not violate confidentiality obligations
- The content complies with applicable laws
You may NOT upload:
- Illegal content
- CSAM
- Pornographic material
- Harassment or threats
- Proprietary certification exam materials
- “Exam dumps”
- Employer confidential data
4.4 No Monitoring Obligation
TAC may monitor content but is not obligated to do so.
You remain solely responsible for your User Content.
4.5 Removal & Enforcement
TAC may remove content, suspend accounts, terminate accounts, preserve evidence, and report to law enforcement at its sole discretion.
All determinations are final.
No refunds will be issued for violations.
4.6 DMCA Copyright Policy
TAC complies with the Digital Millennium Copyright Act (17 U.S.C. § 512).
If you believe content infringes your copyright, you must submit written notice including:
- Identification of the copyrighted work
- Identification of the infringing material
- Contact information
- Good faith statement
- Statement under penalty of perjury
TAC may remove allegedly infringing content and terminate repeat infringers.
Users may submit counter-notifications as permitted by law.
TAC maintains and enforces a repeat infringer policy.
5. Prohibited Use
You may NOT:
- Scrape or extract data
- Reverse engineer
- Circumvent limits
- Use automated bots
- Train external AI models using TAC content
- Build competing products
- Conduct competitive analysis or benchmarking
- Perform bulk AI processing
- Mine or aggregate data
- Resell access
Violation may result in immediate termination without notice or refund.
6. AI Services & No Outcome Guarantees
AI outputs may:
- Be inaccurate
- Contain errors
- Reflect bias
- Be incomplete
- Generate fictional information
AI content is provided for informational purposes only.
TAC is NOT:
- An accredited educational institution
- A certification authority
- A licensing body
- A tutoring service
- A job placement service
TAC does not guarantee:
- Exam success
- Certification results
- Academic improvement
- Employment outcomes
- Statistical accuracy
- Learning retention
You assume full responsibility for reviewing and verifying AI outputs.
TAC is not liable for decisions made based on AI-generated content.
7. Subscriptions, Billing & Refund Policy
7.1 Overview
This Refund Policy applies to all subscriptions, digital products, AI services, software access, analytics, reports, consulting, content, and related services provided by Trak Advantage Corp.
TAC currently offers monthly subscription plans only.
ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE EXPRESSLY STATED IN THIS POLICY.
No oral statements, marketing materials, support communications, or third-party representations modify this Policy unless in a written agreement signed by an authorized officer of TAC.
Refund determinations are made in TAC’s sole discretion, reasonably exercised based on objective internal system logs, usage metrics, and payment records. Decisions are final.
Failure to use the service, dissatisfaction, misunderstanding of features, or user error does not create refund eligibility.
Refund requests must be submitted through:
- The official contact form on our website; OR
- The in-application feedback/support link.
Requests submitted through banks, payment processors, social media, or third parties may be denied without review.
Incomplete submissions may be denied without notice.
7.2 Identity Verification, Fraud Monitoring & Investigations
Refund investigations may require identity verification, account verification, fraud screening, device verification, IP analysis, or payment confirmation.
You consent to TAC using device fingerprinting, behavioral monitoring, and fraud-prevention tools to detect abuse.
TAC may delay, deny, or permanently refuse refund requests for accounts that are:
- Under investigation
- Suspended or restricted
- Flagged for abuse
- Involved in payment disputes
- In violation of Company policies
Refunds, if approved, will be issued only to the original payment method.
7.3 Subscription Refunds (Monthly Plans Only)
7.3.1 Strict 72-Hour Evaluation Window
A refund may be considered ONLY if:
- Cancellation occurs within seventy-two (72) hours of initiating a new monthly subscription;
- AND usage has not exceeded TAC’s reasonable evaluation thresholds, as objectively determined using internal logs and system metrics;
- AND no material usage occurred, including exports, scraping, automation, bulk AI processing, data extraction, commercial exploitation, excessive resource consumption, or policy violations.
If any condition is not satisfied, the subscription is non-refundable.
7.3.2 Automatic Renewals & Billing Authorization
Subscriptions renew automatically each billing cycle unless canceled before renewal.
BY SUBSCRIBING, YOU AUTHORIZE RECURRING CHARGES TO YOUR PAYMENT METHOD UNTIL YOU CANCEL.
You may cancel at any time through your account settings.
Failure to cancel prior to renewal does not qualify for a refund.
No prorated refunds will be issued for partial billing periods.
This section is intended to comply with applicable auto-renewal laws, including the California Auto-Renewal Law where applicable.
7.4 Usage During Active Subscription
All AI processing, analytics generation, reporting, exports, or platform functionality used during an active subscription period are considered consumed services.
Once services have been accessed or used beyond reasonable evaluation thresholds, fees for that billing period are non-refundable.
7.5 Strictly Non-Refundable Charges
The following are non-refundable under all circumstances:
- AI processing already performed
- Generated outputs
- Delivered reports or analytics
- Data exports
- Renewal charges not canceled in advance
- Usage incurred before cancellation
- Accounts suspended or terminated for violations
- Custom development or consulting services
- Administrative costs
- Payment processor penalties
No refunds will be issued for violations of Company policies.
7.6 Chargebacks & Payment Disputes
You agree to contact TAC before initiating any chargeback or dispute.
Initiating an unjustified chargeback constitutes material breach of this agreement.
If a chargeback is initiated:
- Your account may be immediately suspended or permanently terminated;
- Data access may be restricted;
- Future purchases may be prohibited.
TAC may recover:
- Administrative costs
- Chargeback fees
- Payment processor penalties
- Collection costs
- Legal fees where permitted
7.7 Abuse Prevention
Refund abuse includes:
- Multiple refund attempts
- Creating multiple accounts
- Exploiting refund windows
- Consuming resources prior to refund request
- Circumventing usage limits
Accounts engaged in abuse may be permanently terminated without refund.
TAC reserves sole discretion over all refund determinations.
8. Intellectual Property
All Services, software, analytics systems, curriculum, branding, reports, AI systems, prompts, and materials are owned exclusively by Trak Advantage Corp.
You may not:
- Copy
- Modify
- Redistribute
- Reverse engineer
- Extract datasets
- Train external AI models using TAC content
- Create derivative works
Unauthorized use may result in termination and legal action.
9. Data Security & Transmission Risk
While TAC implements reasonable safeguards, no system is completely secure.
You acknowledge:
- Internet transmission carries inherent risk
- Third-party providers may fail
- Security breaches may occur
TAC does not guarantee absolute security and is not liable for unauthorized access beyond its reasonable control.
10. Disclaimer of Warranties
Services are provided:
“AS IS”
“AS AVAILABLE”
TAC disclaims all warranties including merchantability, fitness for purpose, non-infringement, accuracy, and reliability.
TAC does not guarantee uninterrupted service.
11. Limitation of Liability
To the maximum extent permitted by law:
TAC shall NOT be liable for:
- Indirect damages
- Consequential damages
- Lost profits
- Data loss
- Business interruption
- Loss of goodwill
- Reliance on AI outputs
Total liability shall not exceed the lesser of:
- The amount paid by you in the past 12 months
OR - $100 USD
These limitations apply regardless of legal theory and even if a limited remedy fails of its essential purpose.
12. Indemnification
You agree to defend, indemnify, and hold harmless TAC from claims arising from:
- User Content
- Misuse
- Legal violations
- AI reliance
- Intellectual property infringement
- Payment disputes
13. Mandatory Binding Individual Arbitration
All disputes shall be resolved by confidential, binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.
Arbitration shall:
- Be conducted in Florida
- Be individual only
- Not permit class actions
- Not permit consolidated proceedings
You waive:
- Jury trial
- Class actions
- Representative actions
The arbitrator shall have exclusive authority to determine arbitrability.
You may opt out of arbitration within 30 days of first acceptance by written notice.
Before initiating arbitration, you must provide written notice and allow 30 days for informal resolution.
This arbitration agreement survives termination.
14. Governing Law
These Terms are governed exclusively by the laws of the State of Florida.
15. Force Majeure
TAC is not liable for failure or delay caused by:
- Cyberattacks
- Hosting outages
- Natural disasters
- Government actions
- Third-party failures
16. No Fiduciary Relationship
Use of the Services does not create:
- Partnership
- Agency
- Joint venture
- Fiduciary relationship
17. Modifications
TAC may update these Terms at any time.
Continued use constitutes acceptance.
18. Severability
If any provision is unenforceable, the remaining provisions remain in full force.
19. No Setoff
You may not withhold, offset, or reduce payments due to TAC based on disputes or claims.
20. Survival
Liability limitations, arbitration, indemnification, payment obligations, and dispute provisions survive termination of these Terms.
21. Entire Agreement
These Terms constitute the entire agreement between you and TAC.
