Terms and Conditions

Legal agreement governing your use of Data Track's services and website.

Effective Date: November 19, 2025

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Data Track. By accessing our website or using our arcade analytics services, you acknowledge that you have read, understood, and agree to be bound by these terms.

If you are entering into this agreement on behalf of a business or organization, you represent that you have the authority to bind that entity to these terms. If you do not have such authority or do not agree to these terms, you must not access or use our services.

User Obligations and Responsibilities

Legal Compliance

You agree to comply with all applicable laws and regulations when using our services, including but not limited to:

• Data protection and privacy laws applicable in your jurisdiction
• Intellectual property laws and respecting copyrights and trademarks
• Business licensing and regulatory requirements for arcade operations
• Consumer protection and advertising standards

Prohibited Activities

You are strictly prohibited from:

• Attempting to reverse engineer, decompile, or extract source code from our services
• Using our services to transmit viruses, malware, or harmful code
• Engaging in any fraudulent or deceptive practices
• Violating the rights of others or harassing other users
• Collecting personal information from other users without consent

Content Guidelines

Any content you provide through our services must be lawful, accurate, and not infringe on the rights of others. You are solely responsible for the content you submit and must ensure it does not contain defamatory, offensive, or inappropriate material.

Indemnification

You agree to indemnify and hold harmless Data Track, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from your use of our services, violation of these terms, or infringement of any third-party rights.

Liability and Warranties

Disclaimer of Warranties

Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, Data Track disclaims all warranties, including but not limited to:

• Warranties of merchantability and fitness for a particular purpose
• Warranties regarding accuracy, reliability, or completeness of analytics data
• Warranties that our services will be uninterrupted or error-free
• Warranties that defects will be corrected within a specific timeframe

Limitation of Liability

To the maximum extent permitted by applicable law, Data Track shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services or procurement
• Business interruption or operational downtime

In no event shall our total liability exceed the amount you paid for our services in the twelve months preceding the claim.

Exclusion of Consequential Damages

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of nature, war, terrorism, labor disputes, governmental actions, or internet service disruptions.

Legal Information and Dispute Resolution

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the courts located in Santa Clara County, California.

Dispute Resolution

In the event of any dispute arising from these terms or your use of our services:

1. You agree to first attempt to resolve the dispute informally by contacting us
2. If informal resolution is unsuccessful, you agree to participate in mediation before pursuing litigation
3. Any legal proceedings shall be conducted in English
4. Each party shall bear its own costs and expenses

Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed from these terms, and the remaining provisions shall continue in full force and effect.

Terms Modification

We reserve the right to modify these Terms and Conditions at any time. We will notify users of material changes by posting the updated terms on our website with a new effective date. Your continued use of our services after such modifications constitutes acceptance of the revised terms. We encourage you to review these terms periodically.

Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by Data Track, constitute the entire agreement between you and Data Track concerning your use of our services and supersede all prior agreements and understandings.

Waiver

Our failure to enforce any right or provision of these terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Data Track.

Questions About These Terms?

If you have questions about these Terms and Conditions or need clarification about any legal provisions, please contact us. We're available to discuss your concerns and explain these terms in detail.

Contact Us