Terms & Conditions

DalTrak provides business software for construction contractors, including estimating, project management, scheduling, inventory and warehouse tracking, billing, and related services.

DalTrak grants subscribers a limited, nonexclusive, revocable, nontransferable license to access and use the platform for their internal business operations during an active subscription.

All rights not expressly granted remain reserved by DalTrak LLC.

Each subscriber may have an unlimited number of authorized users under its subscription.

The subscription applies to one physical business location. Businesses operating from additional locations must obtain additional subscriptions or agreements as required by DalTrak.

Subscribers are responsible for their authorized users and their activities within the platform.

Subscribers must provide accurate, complete, and current information when registering.

Businesses must be properly registered and hold applicable licenses required for their business activities.

Users are responsible for protecting account credentials and restricting unauthorized access.

Subscribers must promptly report unauthorized account access or suspected security incidents to DalTrak.

Providing false information or violating security requirements may result in suspension or termination.

Subscribers agree to pay the fees specified in their applicable subscription agreement, order form, or fee schedule.

DalTrak may update fees by providing notice in accordance with the governing agreement.

Subscription fees apply to the applicable contractual term.

Cancellation does not automatically entitle the subscriber to a refund, including for unused portions of a subscription, except as required by applicable law or otherwise expressly agreed.

The applicable subscription agreement controls the specific fees and payment obligations.

The standard subscription term is twelve (12) months.

Subscriptions automatically renew for successive twelve-month periods unless properly terminated by either party at least thirty (30) days before expiration of the current term.

A cancellation request must be submitted in accordance with the applicable agreement's notice requirements.

Cancellation requests submitted after the required notice deadline do not prevent renewal unless DalTrak agrees otherwise in writing.

Ending access to the platform does not automatically terminate any outstanding contractual payment obligations.

Users may not:

• Copy, redistribute, resell, sublicense, or commercially exploit the software without authorization.
• Reverse engineer, reproduce, or create unauthorized derivative works from the platform.
• Circumvent authentication, security controls, or access restrictions.
• Scrape the platform or use unauthorized bots or automated access.
• Interfere with the platform's availability or security.
• Impose unreasonable loads on DalTrak infrastructure.
• Access another user's account without permission.
• Upload unlawful, infringing, threatening, defamatory, or otherwise prohibited content.
• Use the platform in violation of applicable laws.

DalTrak may restrict access or terminate accounts for violations of these restrictions.

The DalTrak platform, software, trademarks, logos, design, underlying technology, and related intellectual property belong to DalTrak LLC or its licensors.

Subscribers receive permission to use the software but do not acquire ownership of it.

Users may not reproduce or distribute proprietary software, remove ownership notices, or use DalTrak branding without appropriate written consent.

Rights involving customer-submitted content and data created or derived through use of the platform are governed by the applicable User License Agreement and Privacy Policy.

Subscribers are responsible for the accuracy, legality, and rights associated with information they upload to DalTrak.

Subscribers represent that they have the necessary rights to submit their content and authorize its use in connection with the services.

Subscribers may not upload materials that violate intellectual property rights, confidentiality duties, or applicable laws.

Subscribers agree to indemnify DalTrak for covered claims arising from their submitted content, as provided in the User License Agreement.

DalTrak provides tools intended to assist with estimating, project management, scheduling, inventory, and other construction-related business activities.

Subscribers remain responsible for independently reviewing and verifying information generated, calculated, imported, or displayed through the platform.

DalTrak is not responsible for losses arising from inaccurate bids, underbidding, overbidding, omitted scope, inaccurate quantities, labor calculations, pricing errors, or other estimating mistakes.

Users are responsible for reviewing estimates, proposals, invoices, schedules, and business decisions before relying on them.

DalTrak provides software tools for recording, organizing, tracking, and managing invoice-related information.

The existing User License Agreement states that DalTrak does not directly process, transmit, receive, hold, or settle customers' payments.

If third-party payment processing becomes available, the applicable payment provider's terms and any additional service-specific terms will govern that functionality.

DalTrak may provide access to third-party websites, products, resources, or integrations.

Third-party services may be subject to separate agreements and policies.

DalTrak does not control or warrant independent third-party websites and is not responsible for their content, availability, or operation as provided in the User License Agreement.

DalTrak may periodically perform maintenance, software updates, system improvements, and related operational activities.

Access may be interrupted by scheduled maintenance, technical failures, internet service interruptions, third-party service failures, or other circumstances.

DalTrak does not guarantee uninterrupted availability of the platform.

Users must protect confidential or proprietary information provided by DalTrak.

Users may not disclose DalTrak confidential information except as authorized or legally required, subject to the applicable agreement.

Subscribers retain the ability to disclose content they originally submitted, as provided in the User License Agreement.

DalTrak provides the software on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by applicable law, DalTrak disclaims warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

DalTrak does not warrant that the software, calculations, integrations, or generated outputs will be error-free or uninterrupted.

To the extent permitted by applicable law, DalTrak shall not be liable for indirect, special, incidental, exemplary, or consequential damages, including lost business or profits, as described in the User License Agreement.

Under that agreement, DalTrak's total cumulative liability for covered claims shall not exceed the lesser of:

• Five hundred dollars ($500); or
• The amount paid by the applicable user to DalTrak during the preceding twelve (12) months.

This limitation remains subject to applicable law and the controlling agreement.

DalTrak may terminate or restrict access following material violations of the agreement or failure to satisfy subscriber qualifications.

Upon termination, the user's license to access the software ends, and DalTrak may disable applicable credentials.

Termination and any remaining financial obligations are governed by the subscription agreement.

Certain provisions, including intellectual property, confidentiality, warranty disclaimers, and limitation of liability, survive termination as specified in the governing agreement.

DalTrak may revise its Terms & Conditions.

Under the existing User License Agreement, revisions take effect when delivered to subscribers, and subscribers have the right to immediately terminate if a modification is unacceptable.

These Terms are governed by the laws of the State of Utah.

Under the User License Agreement, users submit to jurisdiction in courts located in Salt Lake County, Utah for disputes related to the agreement.

The prevailing party in qualifying litigation may recover reasonable attorney's fees, costs, and litigation expenses as provided in the User License Agreement.

The terms addressing nonassignment, severability, waiver, electronic acceptance, notice requirements, third-party beneficiaries, and survival remain governed by the User License Agreement.

If any provision is held unenforceable, the remaining enforceable provisions continue in effect.

Electronic acceptance is permitted as provided in the agreement.

Company

DALTRAK LLC

Address

7533 S. Center View Ct. Ste R
West Jordan, Utah 84084

Website

https://www.daltrak.com

These website Terms are intended to summarize and present applicable conditions for using DalTrak.

Where a separately executed User License Agreement or subscription document controls a particular subscriber's rights and obligations, that document governs to the extent of any inconsistency, subject to applicable law.