๐Ÿš— MileTrack Pro

Official Legal Documents โ€” Privacy Policy & Terms of Service & End User License Agreement

Privacy Policy
Version 1.0 Effective Date: June 2, 2026  |  Last Revised: June 2, 2026
โš–๏ธ Important Notice

This Privacy Policy constitutes a legally binding agreement between you ("User," "you," or "your") and [YOUR COMPANY NAME] ("Company," "we," "us," or "our") governing the collection, use, disclosure, and protection of your personal information in connection with the MileTrack Pro mobile application and related services. BY CREATING AN ACCOUNT OR USING THE APP, YOU EXPRESSLY CONSENT TO THE PRACTICES DESCRIBED IN THIS POLICY.

Table of Contents
  1. Definitions
  2. Scope & Applicability
  3. Information We Collect
  4. How We Use Your Information
  5. Legal Basis for Processing (GDPR)
  6. Disclosure of Information to Third Parties
  7. Data Security
  8. Data Retention
  9. Your Rights and Choices
  10. California Privacy Rights (CCPA/CPRA)
  11. Children's Privacy (COPPA)
  12. International Data Transfers
  13. Changes to This Policy
  14. Contact Information

1. Definitions

As used in this Privacy Policy, the following terms have the meanings set forth below:

2. Scope & Applicability

This Privacy Policy applies to all Personal Information collected through the MileTrack Pro mobile application available on the Apple App Store and Google Play Store, any associated web interfaces, APIs, and customer support channels. This Policy does not apply to third-party websites, applications, or services linked from the App.

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Privacy Policy. If you do not agree, you must immediately cease using the Service and delete the application from your device.

3. Information We Collect

3.1 Information You Provide Directly

CategorySpecific Data ElementsPurpose of Collection
Account Registration DataFull name, email address, hashed password, state of residence, date of account creation, agreement timestamp and versionAccount creation, authentication, legal compliance, and Terms consent recordkeeping
Vehicle InformationYear, make, model, color, VIN (optional), fuel type, MPG, odometer reading, vehicle type (personal/business)Accurate mileage cost and tax deduction calculations
Trip RecordsTrip date, start location, end location, distance in miles, purpose (business/medical/charitable/personal), notesIRS-compliant mileage log generation; tax deduction estimation
Fuel Log DataDate and time of fill-up, gallons pumped, price per gallon, odometer reading, gas station name and location, calculated fuel costActual vehicle operating cost tracking; Actual Expense Method tax documentation
Receipt ImagesDigital photographs or scanned images of fuel receipts, vehicle maintenance receipts, and business expense receiptsTax audit documentation and recordkeeping
Maintenance RecordsVehicle component costs, service intervals, wear and tear calculationsAutomatic vehicle operating cost computation
Payment InformationSubscription plan selection, payment method type; raw card data is processed exclusively by our PCI-DSS-compliant payment processors and is never transmitted to or stored by our serversSubscription billing and account management

3.2 Information Collected Automatically

3.3 Information We Expressly Do Not Collect

4. How We Use Your Information

We process your Personal Information solely for the following purposes:

  1. Service Delivery: To provide, operate, maintain, and improve the MileTrack Pro application and all features therein
  2. Tax Calculation Assistance: To calculate estimated mileage deductions based on IRS-published standard mileage rates and publicly available state tax guidance (see Tax Disclaimer in Terms of Service)
  3. Account Management: To create, authenticate, and manage your user account, including processing password changes and email updates
  4. Payment Processing: To process subscription payments, manage billing cycles, and handle refund requests through authorized third-party payment processors
  5. Legal Compliance: To comply with applicable federal, state, and local laws, regulations, court orders, and lawful government requests
  6. Security and Fraud Prevention: To detect, investigate, and prevent fraudulent transactions, unauthorized access, and other illegal activities
  7. Customer Support: To respond to your inquiries, troubleshoot issues, and provide technical assistance
  8. Service Communications: To send transactional notifications including billing confirmations, password reset emails, and material policy change notices
  9. Analytics and Improvement: To analyze aggregated, de-identified usage patterns to improve the Service's performance, reliability, and features
Marketing Communications: We will not send you promotional or marketing emails without your separate, affirmative opt-in consent. You may withdraw consent at any time by clicking "Unsubscribe" in any marketing email or by contacting us at [YOUR EMAIL].

We will never: sell, rent, trade, or otherwise monetize your Personal Information or User Data to advertisers, data brokers, or any other third parties for their own commercial purposes.

5. Legal Basis for Processing (GDPR โ€” EEA/UK Users)

For users located in the European Economic Area (EEA) or United Kingdom (UK), we process Personal Information under the following legal bases as defined by the General Data Protection Regulation (GDPR) and UK GDPR:

Processing ActivityLegal Basis
Account creation and service deliveryPerformance of a Contract (Art. 6(1)(b))
Payment processing and billingPerformance of a Contract (Art. 6(1)(b))
Legal compliance and recordkeepingLegal Obligation (Art. 6(1)(c))
Fraud prevention and securityLegitimate Interests (Art. 6(1)(f))
App improvement via anonymized analyticsLegitimate Interests (Art. 6(1)(f))
Marketing communicationsConsent (Art. 6(1)(a)) โ€” separately obtained and revocable

6. Disclosure of Information to Third Parties

๐Ÿšซ We Do Not Sell Your Data

MileTrack Pro does not sell, rent, trade, or otherwise transfer your Personal Information to third parties for monetary or other valuable consideration. This prohibition applies regardless of the definition of "sale" under any applicable state or federal law, including the California Consumer Privacy Act (CCPA).

We disclose Personal Information only in the following strictly limited circumstances:

RecipientData DisclosedPurposeSafeguards
Stripe, Inc.Tokenized payment data, subscription amounts, billing emailCredit/debit card payment processingPCI-DSS Level 1 certified; Stripe's Privacy Policy governs card data
PayPal Holdings, Inc.PayPal email address, transaction amountsPayPal payment processingPayPal's Privacy Policy governs; subject to PayPal's data processing terms
Apple Inc.In-app purchase receipt data, subscription statusApp Store subscription management and validationApple Developer Program License Agreement; Apple's Privacy Policy
Google LLCIn-app purchase receipt data, subscription statusGoogle Play subscription management and validationGoogle Play Developer Distribution Agreement; Google's Privacy Policy
Cloud Infrastructure Providers (e.g., Amazon Web Services, Google Firebase, or similar)Encrypted account data, trip records, fuel logs, and receipt imagesSecure server hosting, database management, and data backupData Processing Agreements (DPAs) in place; encryption at rest and in transit; SOC 2 Type II certified providers
Crash Reporting / Analytics Providers (e.g., Firebase Crashlytics)Anonymized device data, stack traces, error logsApp stability monitoring and bug fixesData is anonymized before transmission; no PII included in crash reports
Law Enforcement / Government AuthoritiesOnly data specifically required by valid legal processResponse to valid subpoenas, court orders, or lawful government requestsWe review all requests for legal validity and disclose only the minimum required; we will notify you where legally permitted
Successor Entity in Business TransferAll user data held at time of transactionMerger, acquisition, asset sale, or corporate restructuringWe will provide 30 days' prior notice via email; successor bound by this Policy or users given opportunity to delete accounts

7. Data Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect your Personal Information from unauthorized access, use, disclosure, alteration, or destruction, including:

Security Limitation Notice: Despite our safeguards, no data transmission over the internet or method of electronic storage is guaranteed to be 100% secure. We cannot warrant the absolute security of your information. You transmit data to us at your own risk. You are responsible for maintaining the confidentiality of your account credentials and for any activity occurring under your account.

8. Data Retention

We retain Personal Information only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce agreements:

Data CategoryRetention PeriodBasis
Account information (name, email, state)Duration of account + 30 days after deletion requestContract performance; legal compliance
Trip logs, fuel records, vehicle dataDuration of account; permanently deleted within 30 days of account deletionService delivery
Receipt imagesDuration of account; permanently deleted within 30 days of account deletionUser-directed audit recordkeeping
Payment and billing records7 years from transaction dateIRS recordkeeping requirements (26 U.S.C. ยง 6001); state tax law requirements
Legal consent records (Terms agreement timestamp)Indefinite or until superseded by updated Terms agreementLegal compliance; defense of legal claims (applicable statutes of limitations)
Security logs and access logs90 days rollingFraud prevention; security monitoring
Anonymized, aggregated analyticsIndefinite (not Personal Information)Product improvement

9. Your Rights and Choices

Subject to applicable law, you have the following rights with respect to your Personal Information:

To exercise any of these rights, contact us at [YOUR EMAIL] with subject line "Privacy Rights Request โ€” MileTrack Pro" and include your registered email address. We will respond within 30 days (or within the timeframe required by applicable law).

10. California Privacy Rights (CCPA / CPRA)

If you are a California resident, the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), affords you specific rights regarding your Personal Information:

10.1 Right to Know

You have the right to request that we disclose: (a) the categories of Personal Information collected about you; (b) the categories of sources from which it is collected; (c) the business or commercial purpose for collection; (d) the categories of third parties to whom it is disclosed; and (e) the specific pieces of Personal Information collected about you.

10.2 Right to Delete

You have the right to request that we delete Personal Information collected from you, subject to certain exceptions (e.g., data required to complete a transaction, comply with a legal obligation, or detect security incidents).

10.3 Right to Correct

You have the right to request correction of inaccurate Personal Information we maintain about you.

10.4 Right to Opt-Out of Sale or Sharing

We do not sell or share your Personal Information for cross-context behavioral advertising. No opt-out mechanism is required, but we disclose this affirmatively as required by CCPA/CPRA.

10.5 Right to Limit Use of Sensitive Personal Information

You have the right to direct us to limit the use and disclosure of Sensitive Personal Information (as defined by CPRA) to uses necessary to perform the services you requested. We do not use Sensitive Personal Information for purposes beyond service delivery.

10.6 Right to Non-Discrimination

We will not discriminate against you for exercising any CCPA/CPRA rights. You will not be denied services, charged different prices, or provided a different level of service for exercising your privacy rights.

10.7 How to Submit a California Privacy Request

Submit requests to [YOUR EMAIL] with subject line "CCPA Privacy Request." We will verify your identity before fulfilling any request. We will respond within 45 days, with a possible 45-day extension upon notice. You may designate an authorized agent to submit requests on your behalf with proper written authorization.

10.8 "Shine the Light" Law (California Civil Code ยง 1798.83)

California residents may request information about disclosures of Personal Information to third parties for direct marketing purposes during the preceding calendar year. We do not make such disclosures, but you may submit requests to [YOUR EMAIL].

11. Children's Privacy (COPPA Compliance)

MileTrack Pro is intended exclusively for individuals 18 years of age or older. We do not knowingly collect, use, or disclose Personal Information from children under the age of 13, in compliance with the Children's Online Privacy Protection Act (COPPA), 15 U.S.C. ยง 6501 et seq.

If we discover that we have inadvertently collected Personal Information from a child under 13, we will immediately delete such information from our systems. If you are a parent or guardian and believe your child has provided us Personal Information, please contact us immediately at [YOUR EMAIL].

Users between the ages of 13 and 17 may not use MileTrack Pro without verifiable parental consent. By creating an account, you represent and warrant that you are at least 18 years of age.

12. International Data Transfers

MileTrack Pro is operated from the United States. If you access the Service from outside the United States, your Personal Information will be transferred to, processed, and stored in the United States, which may have data protection laws different from those in your jurisdiction.

For EEA/UK users, such transfers are made pursuant to appropriate safeguards, including Standard Contractual Clauses (SCCs) approved by the European Commission, or other mechanisms recognized under applicable data protection law. By using the Service, you consent to this transfer, provided such consent is required by applicable law.

13. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. The "Last Revised" date at the top of this Policy reflects the date of the most recent revision. We will provide notice of material changes by:

Your continued use of MileTrack Pro after the effective date of the revised Policy constitutes your acceptance of the changes. If you do not agree to the revised Policy, you must delete your account before the effective date.

14. Contact Information

Privacy Officer / Data Controller

[YOUR COMPANY NAME]
[YOUR STREET ADDRESS]
[YOUR CITY, STATE, ZIP CODE]
United States

Email: [YOUR EMAIL]
Subject line: "Privacy Inquiry โ€” MileTrack Pro"

Response time: within 30 days for general inquiries; within legally required timeframes for rights requests.

Terms of Service & End User License Agreement
Version 1.0 Effective Date: June 2, 2026  |  Last Revised: June 2, 2026
โš–๏ธ Binding Legal Agreement โ€” Please Read Carefully

THESE TERMS OF SERVICE AND END USER LICENSE AGREEMENT ("AGREEMENT" OR "TERMS") CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU ("USER," "YOU," OR "YOUR") AND [YOUR COMPANY NAME], A [YOUR STATE] [CORPORATION / LLC] ("COMPANY," "WE," "US," OR "OUR"). BY CHECKING THE "I AGREE" BOX, CREATING AN ACCOUNT, DOWNLOADING, INSTALLING, OR USING THE MILETRACK PRO APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, DO NOT USE THE APP.

Table of Contents
  1. Definitions
  2. License Grant & Restrictions
  3. Eligibility Requirements
  4. Account Registration & Security
  5. Subscriptions, Pricing & Payments
  6. TAX DISCLAIMER โ€” CRITICAL
  7. Acceptable Use Policy
  8. Ownership of User Data & License
  9. Intellectual Property Rights
  10. Third-Party Services & Links
  11. DISCLAIMER OF WARRANTIES
  12. LIMITATION OF LIABILITY
  13. INDEMNIFICATION
  14. Dispute Resolution & Arbitration
  15. Governing Law & Jurisdiction
  16. Force Majeure
  17. Apple App Store & Google Play Terms
  18. Termination
  19. General Provisions
  20. Contact Information

1. Definitions

2. License Grant & Restrictions

2.1 Limited License

Subject to your compliance with these Terms and payment of applicable subscription fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of MileTrack Pro on a mobile device that you own or control, solely for your personal or internal business purposes.

2.2 License Restrictions

You shall not, directly or indirectly:

3. Eligibility Requirements

To use MileTrack Pro, you must:

By using the App, you represent and warrant that you meet all eligibility requirements. We reserve the right to terminate accounts where eligibility cannot be verified.

4. Account Registration & Security

4.1 You must provide accurate, current, and complete information when creating your account, and keep such information updated.

4.2 You are solely responsible for: (a) maintaining the confidentiality of your account credentials; (b) all activity occurring under your account; and (c) any harm resulting from your failure to maintain credential security.

4.3 You must notify us immediately at [YOUR EMAIL] upon discovering any unauthorized use of your account or any security breach.

4.4 You may not share your account credentials with any third party or allow others to access the Service using your account.

4.5 We reserve the right to require you to update your password periodically and to suspend accounts showing signs of compromise.

5. Subscriptions, Pricing & Payments

5.1 Subscription Plans

PlanPrice (USD)Billing CycleFeatures
Free$0.00N/AUp to 5 trips per month; basic mileage logging; limited tax guide access
Pro Monthly$4.99/monthMonthly, auto-renewingUnlimited trips; all 50-state tax guide; receipt scanning; multi-vehicle; CSV/PDF export; wear & tear calculator
Pro Annual$39.99/yearAnnual, auto-renewingAll Pro Monthly features; IRS rate auto-updates; priority customer support; approximately 33% savings vs. monthly

5.2 Automatic Renewal

All paid Subscriptions automatically renew at the end of each billing period at the then-current subscription price unless you cancel before the renewal date. By subscribing, you authorize the Company (or our payment processors) to charge your payment method on a recurring basis without further action from you.

5.3 Payment Processing

Payments are processed by authorized third-party payment processors (Stripe, Inc.; PayPal Holdings, Inc.; Apple Inc. (App Store); Google LLC (Play Store)). By providing payment information, you represent that you are authorized to use the payment method and authorize us and/or the applicable processor to charge you. We do not store raw payment card data on our servers.

5.4 Price Changes

We reserve the right to modify Subscription prices at any time. We will provide at least 30 days' prior written notice of any price increase via email to your registered address. Your continued use of a paid Subscription after the effective date of a price change constitutes acceptance of the new price. If you do not accept a price change, you must cancel your Subscription before the effective date.

5.5 Cancellation Policy

You may cancel your Subscription at any time through: (a) the Account page within the App; or (b) your Apple App Store or Google Play Store subscription settings. Cancellation is effective at the end of the current billing period. You will retain access to Pro features until the end of the period for which you have already paid. Cancellation does not entitle you to a refund for any unused portion of a current billing period, except as provided in Section 5.6.

5.6 Refund Policy

5.7 Taxes on Subscription Fees

Subscription fees are exclusive of all applicable taxes, levies, duties, or similar governmental assessments (including sales tax, VAT, or GST). You are responsible for paying all such taxes associated with your Subscription, except for taxes based on the Company's net income.

6. TAX DISCLAIMER โ€” CRITICAL NOTICE

โš ๏ธ MANDATORY TAX DISCLAIMER โ€” READ CAREFULLY

MILETRACK PRO IS A MILEAGE RECORDKEEPING AND COST ESTIMATION TOOL. IT IS NOT A TAX PREPARATION SERVICE, TAX ADVICE SERVICE, OR SUBSTITUTE FOR PROFESSIONAL TAX COUNSEL.

6.1 Nature of Tax Information Provided

The tax deduction estimates, state-specific guidance, IRS mileage rates, and all other tax-related information provided by MileTrack Pro are:

6.2 No Attorney-Client or Accountant-Client Relationship

Use of MileTrack Pro does not create an attorney-client relationship, CPA-client relationship, or any other professional advisory relationship between you and the Company or any of its employees, officers, or agents.

6.3 Accuracy of Tax Information Not Guaranteed

Tax laws, IRS regulations, Treasury guidance, and state tax rules change frequently. While we make reasonable efforts to update the App when significant changes occur, we cannot guarantee that tax information in the App reflects the most current applicable law at any given time. The Company expressly disclaims any obligation to update tax information in real time.

6.4 User Responsibility for Tax Compliance

YOU ARE SOLELY RESPONSIBLE FOR: (a) verifying all mileage records for accuracy and completeness before submitting any tax return; (b) confirming applicable IRS mileage rates at IRS.gov before filing; (c) consulting a licensed Certified Public Accountant (CPA), Enrolled Agent, or tax attorney in your jurisdiction before claiming any deduction; (d) maintaining original source records (paper receipts, odometer logs) independently of the App as required by IRS Revenue Procedure 2010-51; and (e) complying with all applicable federal, state, and local tax laws.

6.5 Standard Mileage Rate vs. Actual Expense Method

The choice between the IRS Standard Mileage Rate and the Actual Expense Method involves complex tax considerations. MileTrack Pro provides calculations under both methods for informational purposes. The Company makes no recommendation regarding which method you should use. Consult a qualified tax professional before making this election.

6.6 IRS Audit Documentation

While MileTrack Pro is designed to assist with mileage recordkeeping, the Company makes no warranty or representation that records generated by the App will satisfy IRS audit requirements or be accepted as sufficient documentation by any taxing authority. The IRS may require additional documentation beyond what the App captures. You should maintain contemporaneous records as required under applicable IRS guidance.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY TAX LIABILITY, PENALTIES, INTEREST ASSESSMENTS, AUDIT COSTS, PROFESSIONAL FEES INCURRED IN CONNECTION WITH A TAX AUDIT, BACK TAXES, OR ANY OTHER FINANCIAL HARM RESULTING FROM YOUR RELIANCE ON TAX INFORMATION PROVIDED BY MILETRACK PRO.

7. Acceptable Use Policy

You agree to use MileTrack Pro only for lawful purposes and in accordance with these Terms. You expressly agree NOT to:

The Company reserves the right, but not the obligation, to monitor your use of the App for compliance with these Terms and to terminate or suspend your access for any violation.

8. Ownership of User Data & License

8.1 You retain all ownership rights to User Data that you create, upload, or transmit through MileTrack Pro.

8.2 By using the App, you grant the Company a limited, non-exclusive, royalty-free, worldwide license to access, store, process, reproduce, and display your User Data solely as necessary to: (a) provide and operate the Service; (b) improve the Service using anonymized, aggregated data; and (c) comply with legal obligations. This license terminates when you delete your account, subject to retention obligations described in the Privacy Policy.

8.3 You represent and warrant that: (a) you own or have the necessary rights to User Data you submit; (b) your User Data does not infringe any third-party intellectual property rights; and (c) your User Data is accurate to the best of your knowledge.

8.4 The Company is not responsible for the accuracy, completeness, or legality of User Data you submit. You are solely responsible for the integrity of your mileage records.

9. Intellectual Property Rights

The App, including all software, algorithms, user interfaces, visual design, logos, trademarks, service marks, trade names, text, graphics, and documentation (collectively, "Company IP"), is and shall remain the exclusive property of [YOUR COMPANY NAME] and its licensors, protected by United States copyright law (17 U.S.C. ยง 101 et seq.), trademark law (15 U.S.C. ยง 1051 et seq.), patent law, trade secret law, and other applicable intellectual property laws.

These Terms do not grant you any right, title, or interest in Company IP other than the limited license expressly stated in Section 2.1. All rights not expressly granted are reserved by the Company.

If you provide feedback, suggestions, or recommendations regarding the App ("Feedback"), you hereby assign to the Company all right, title, and interest in and to such Feedback, and the Company may use, disclose, and exploit such Feedback without restriction, compensation, or attribution to you.

10. Third-Party Services & Links

The App may reference, link to, or integrate with third-party services including IRS.gov, state tax authority websites, and payment processors. These third-party services are governed by their own terms and privacy policies. The Company: (a) does not endorse, warrant, or assume responsibility for any third-party services; (b) is not liable for any harm resulting from your use of third-party services; and (c) does not guarantee the availability or accuracy of third-party content.

11. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS; (C) ANY WARRANTY THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) ANY WARRANTY THAT DEFECTS OR ERRORS WILL BE CORRECTED; (E) ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY TAX CALCULATIONS, MILEAGE RATE INFORMATION, STATE TAX GUIDANCE, OR OTHER CONTENT IN THE APP; AND (F) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. LIMITATION OF LIABILITY

12.1 EXCLUSION OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES; (B) LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES; (C) LOSS OF DATA, USER DATA, OR MILEAGE RECORDS; (D) COST OF SUBSTITUTE SERVICES; (E) TAX PENALTIES, INTEREST ASSESSMENTS, IRS AUDIT COSTS, OR TAX PROFESSIONAL FEES; (F) BUSINESS INTERRUPTION; OR (G) ANY OTHER PECUNIARY LOSS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12.2 AGGREGATE LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM, SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00); OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 12.3 ESSENTIAL BASIS OF BARGAIN. YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION 12 REFLECT A REASONABLE ALLOCATION OF RISK AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS. 12.4 APPLICABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

13. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, shareholders, affiliates, agents, licensors, and service providers from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

We reserve the right to assume exclusive control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim at your expense.

14. Dispute Resolution & Binding Arbitration

14.1 Informal Resolution First

Before initiating any formal dispute resolution, you must first contact us at [YOUR EMAIL] and provide a written description of the dispute and your desired resolution. The parties shall attempt to resolve the dispute informally for a period of 30 days from the date of notice.

14.2 Binding Arbitration Agreement

If informal resolution fails, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, or your use of the App โ€” including questions of arbitrability, the scope or enforceability of this agreement to arbitrate, and any claims that arose before these Terms existed โ€” shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or JAMS under its Streamlined Arbitration Rules, as selected by the party initiating arbitration.

The arbitration shall be conducted in English. 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 AND THE COMPANY EACH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRE ARBITRATION AGREEMENT IN THIS SECTION 14 SHALL BE NULL AND VOID.

14.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek: (a) emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (b) relief in small claims court for disputes within the court's jurisdiction, provided the matter remains on an individual basis.

14.5 Arbitration Costs

The AAA's filing fees will be allocated per AAA Consumer Arbitration Rules. If you are the claimant and the amount in controversy is under $10,000, we will pay all AAA filing fees. If the arbitrator finds your claim frivolous, you may be required to reimburse our reasonable costs.

14.6 Jury Trial Waiver

TO THE EXTENT ARBITRATION DOES NOT APPLY, YOU AND THE COMPANY EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY LITIGATION ARISING FROM THESE TERMS OR YOUR USE OF THE APP.

15. Governing Law & Jurisdiction

These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], United States, without regard to its conflict of law provisions or the United Nations Convention on Contracts for the International Sale of Goods.

For any matters not subject to arbitration under Section 14, you consent to exclusive jurisdiction and venue in the state and federal courts located in [YOUR COUNTY, YOUR STATE], and you waive any objection to the exercise of personal jurisdiction over you by such courts.

16. Force Majeure

The Company shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from any cause beyond the Company's reasonable control, including but not limited to: acts of God, natural disasters, pandemic, epidemic, terrorism, war, civil unrest, government action, regulatory action, internet or telecommunications failures, third-party service provider outages, cyberattacks, power failures, fire, flood, or labor disputes. In such events, the Company's obligations shall be suspended for the duration of the force majeure event, and the Company shall use commercially reasonable efforts to resume performance as soon as practicable.

17. Apple App Store & Google Play Additional Terms

17.1 Apple App Store

If you download or use MileTrack Pro through the Apple App Store: (a) these Terms are between you and the Company only โ€” Apple, Inc. is not a party; (b) Apple has no obligation whatsoever to furnish any maintenance, support, or warranty services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; (d) Apple has no responsibility for addressing any claims by you or any third party relating to the App, including product liability claims, consumer protection claims, or intellectual property infringement claims; (e) Apple and its subsidiaries are third-party beneficiaries of these Terms and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary thereof.

17.2 Google Play Store

If you download or use MileTrack Pro through the Google Play Store: (a) these Terms are between you and the Company only โ€” Google LLC is not a party to these Terms; (b) Google has no obligation to provide support, maintenance, or warranty for the App; (c) Google shall not be responsible for any product liability claims, consumer protection claims, or intellectual property infringement claims relating to the App.

18. Termination

18.1 Termination by You

You may terminate this Agreement at any time by deleting your account through the Account page. Termination does not entitle you to a refund for any prepaid subscription fees.

18.2 Termination by the Company

The Company may suspend or terminate your account and access to the App immediately, without prior notice or liability, if: (a) you breach any provision of these Terms; (b) we are required to do so by law; (c) you engage in fraudulent, abusive, or illegal activity; (d) continued provision of services to you would expose the Company or other users to harm or legal liability; or (e) we discontinue the App in its entirety upon at least 30 days' written notice.

18.3 Effect of Termination

Upon termination: (a) the license granted to you under Section 2.1 immediately terminates; (b) you must cease all use of the App and delete all copies from your devices; (c) Sections 6 (Tax Disclaimer), 9 (IP Rights), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Governing Law), and 19 (General Provisions) shall survive termination.

19. General Provisions

20. Contact Information

Legal / Customer Support Contact

[YOUR COMPANY NAME]
[YOUR STREET ADDRESS]
[YOUR CITY, STATE, ZIP CODE]
United States

General Support: [YOUR EMAIL]
Legal Notices: [YOUR LEGAL EMAIL]
Subject line for legal matters: "Legal Notice โ€” MileTrack Pro"

We will acknowledge receipt of legal notices within 5 business days.


This Terms of Service and EULA was prepared for MileTrack Pro. The Company strongly recommends that you have this document reviewed by a licensed attorney in your jurisdiction before publishing. This document is provided as a good-faith starting framework and does not constitute legal advice.