Terms of Service

1. Acceptance of Terms

By accessing or using Traksend ("the Service", "we", "us", or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use the Service. These terms apply to all users, including courier and delivery businesses ("Operators") and their customers ("Recipients"), wherever in the world they're located. Operators must affirmatively accept these Terms and our Privacy Policy when creating an account; we record the date and time of that acceptance.

2. Description of Service

Traksend is a white-label delivery dispatch and tracking platform that enables courier and delivery businesses, anywhere, to manage drivers, dispatch orders, and provide real-time shipment tracking to their customers via a branded link — without requiring a mobile app. The Service includes:

• A web dashboard for Operators to manage deliveries and drivers
• Real-time GPS tracking pages for Recipients
• WhatsApp and SMS notification integrations, and Tara, an AI assistant that extracts structured order details from WhatsApp conversation text an Operator's team pastes in
• Driver mobile interface for location updates

3. Account Registration

To use the Service as an Operator, you must register and create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and not share it with any third party
• Notify us immediately if you suspect any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

Each business may only maintain one active account. Creating duplicate accounts for the same business entity is prohibited.

4. Permitted Use

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

• To track, monitor, or surveil any individual without their knowledge and consent
• To deliver or facilitate the delivery of illegal goods or controlled substances
• To violate any law or regulation applicable to you, including in your own country or state
• To impersonate any person or entity, or misrepresent your affiliation
• To transmit unsolicited communications (spam) to Recipients
• To interfere with or disrupt the integrity or performance of the Service
• To attempt to gain unauthorized access to any part of the Service or its systems
• To scrape, crawl, or systematically extract the Service's content, design, software, or underlying structure for the purpose of building or operating a competing product

5. Operator Responsibilities

As an Operator, you are responsible for:

• Driver consent: Obtaining explicit consent from all drivers before enabling GPS location tracking
• Customer communication: Ensuring Recipients are informed that their delivery is being tracked and that Traksend powers the tracking feature
• Data accuracy: Providing accurate delivery information, addresses, and contact details
• Lawful operation: Operating your courier business in compliance with all laws and regulations applicable to you, including any required business registrations, permits, and data protection obligations in your own jurisdiction
• Sub-user conduct: Ensuring that your drivers and staff comply with these Terms

6. Subscription and Billing

Traksend offers a free tier and paid subscription plans. By subscribing to a paid plan, you agree to the following:

• Subscription fees are billed monthly or annually in advance
• Fees are quoted and charged in the currency applicable to your account's selected region, as shown on our pricing page at the time of purchase
• Payments are non-refundable except as required by applicable law or as expressly provided in our refund policy
• We reserve the right to modify our pricing with 30 days' notice via email
• Failure to pay may result in suspension or termination of your account

7. Intellectual Property

The Service and its original content, features, software, and design — including Traksend's name, logo, user interface, and the structure and organization of the Service — are owned by Traksend and are protected by Nigerian and international copyright, trademark, trade dress, and other intellectual property laws.

You retain ownership of any data you upload to the Service (delivery records, customer information, etc.). You grant us a limited, non-exclusive license to process and store this data solely for the purpose of providing the Service to you.

You may not copy, modify, distribute, sell, lease, scrape, or reverse-engineer any part of our Service, software, or design, whether in whole or in substantial part, nor use it to develop, train, or improve a competing product or service. We actively monitor for and pursue unauthorized copying of our platform.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference and explains, among other things, the rights available to you depending on where you're located (including under the GDPR, Nigeria's NDPA, South Africa's POPIA, Kenya's Data Protection Act, and Ghana's Data Protection Act). By using the Service, you consent to our collection and use of personal data as described there.

As an Operator, you act as a data controller (or equivalent, under the law applicable to you) for your customers' and drivers' personal data processed through the Service, and Traksend acts as your data processor. You are responsible for complying with the data protection legislation applicable to your business, including obtaining any consents required from your drivers and customers. Our Data Processing Terms, available on request, set out the specific obligations each party has in that processor relationship.

9. Third-Party Services

The Service integrates with third-party providers including Google Maps, Supabase, and WhatsApp. Your use of these integrations is subject to those providers' respective terms of service. We are not responsible for the availability, accuracy, or content of third-party services.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING, WITHOUT LIMITATION:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• That the Service will be uninterrupted, error-free, or completely secure
• The accuracy of GPS location data, which may be affected by device limitations, network conditions, or environmental factors
• That delivery time estimates will be accurate

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRAKSEND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM:

• Your use or inability to use the Service
• Lost deliveries or damaged goods
• Unauthorized access to your data
• Any errors or omissions in tracking information

Our total liability to you for any claims arising under these Terms shall not exceed the fees you paid to us in the three (3) months preceding the claim. Nothing in these Terms limits any liability that cannot be limited or excluded under applicable law.

12. Indemnification

You agree to indemnify and hold harmless Traksend, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

13. Termination

We may suspend or terminate your account immediately, without prior notice, if you breach these Terms or if we reasonably believe your use poses a risk to other users or the Service.

You may cancel your account at any time from your dashboard settings. Upon termination, your right to use the Service ceases immediately. We may retain your data for up to 30 days after termination to allow for data export, after which it will be deleted, except where longer retention is required by law.

14. Governing Law and Disputes

These Terms are governed by the laws of the Federal Republic of Nigeria, where Traksend is incorporated and headquartered, without regard to its conflict-of-law provisions. Any dispute arising from these Terms or your use of the Service shall be resolved exclusively in the courts of Lagos State, Nigeria, except where applicable law in your own jurisdiction gives you a non-waivable right to bring a claim locally — this clause doesn't override those rights where they exist, including specific rights under the data protection laws referenced in Section 8.

Before initiating legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at hello@traksend.com and allowing 30 days for resolution.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or a prominent notice on the Service at least 14 days before changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Contact Us

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

• Email: hello@traksend.com
• Address: Lagos, Nigeria