Terms and Conditions

Last Updated: October 13, 2023

This End-User License Agreement (“EULA”) is a legally binding agreement between you, the Licensee (an individual, business owner, or entity), and The Credit Tracker (“Licensor”), the provider of The Credit Tracker software (“Software”), including associated media, printed materials, and online or electronic documentation. By accessing, installing, copying, or using the Software, you agree to be bound by the terms of this EULA. If you do not agree, you must not download, install, or use the Software.

Definitions

1. “EULA”: Refers to this End-User License Agreement, including any amendments.

2. “Licensee”: The individual or entity downloading and using the Software.

3. “Licensor”: The Credit Tracker, located at 801 W Road to Six Flags St #143, Arlington, TX 76012.

4. “Software/Licensed Product”: Refers to The Credit Tracker software provided under this EULA.

Grant of License

The Credit Tracker grants the Licensee a revocable, limited, non-exclusive, royalty-free license to use the Software for the Licensee’s internal business purposes, subject to this EULA. The Licensee may not:

• Copy, resell, or create derivative works of the Software for distribution.

• Use the Software in violation of applicable laws.

• Allow unauthorized third parties to access the Software.

Intellectual Property

All rights, titles, and interests in the Software, including copyrights, trademarks, logos, and other intellectual property, remain with the Licensor. The Licensee has no ownership rights and agrees not to use the Software’s intellectual property beyond the scope outlined in this EULA.

Description of Rights and Limitations

1. Installation and Use:

• The Licensee may use the Software on one or more devices solely for internal business operations.

2. Restrictions:

• The Licensee must not reverse engineer, decompile, or disassemble the Software except as expressly permitted by law.

• Automated extraction of content from the Software is prohibited.

Updates and Maintenance

The Credit Tracker will provide periodic updates and maintenance as needed. Updates are subject to the terms of this EULA. The Licensee agrees to install updates promptly to ensure optimal functionality.

Support

The Credit Tracker provides 24-hour support through a helpdesk, including video tutorials and contact options for assistance. Support services do not include third-party hardware or software troubleshooting.

Termination

This EULA may be terminated:

1. Automatically, if the Licensee violates its terms.

2. By written notice from either party, including via email.

Upon termination, the Licensee must cease using the Software and destroy all copies. The Licensor reserves the right to deactivate the Licensee’s access to the Software upon termination.

Non-Transferability

This EULA is non-transferable unless the Licensor provides prior written consent. Any attempt to transfer without consent is void.

Notice

All notices under this EULA must be delivered in writing via recorded delivery to the respective parties’ addresses. Electronic notifications will be deemed valid if acknowledged by the receiving party.

Integration

This EULA represents the entire agreement between the parties and supersedes all prior communications and agreements. Amendments to this EULA must be in writing and signed by both parties.

Severability

If any provision of this EULA is deemed unenforceable or invalid, the remaining provisions will remain in full force.

Warranty and Disclaimer

The Software is provided “as-is” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. The Licensee assumes all risks associated with using the Software. Licensor does not guarantee specific outcomes from using the Software.

Limited Liability

The Credit Tracker shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from the use of the Software. In no event will the Licensor’s total liability exceed the fees paid by the Licensee for the Software.

The Credit Tracker is not responsible for the Licensee’s compliance with state laws regarding credit repair services and assumes no liability for outcomes arising from the Licensee’s business operations.

Indemnification

The Licensee agrees to indemnify and hold The Credit Tracker harmless from any claims, liabilities, damages, or expenses arising from violations of this EULA or applicable laws by the Licensee. This includes claims resulting from the misuse of the Software.

Governing Law and Jurisdiction

This EULA is governed by the laws of the State of Texas. Any disputes will be resolved exclusively in the courts located in Texas. The prevailing party in any legal action will be entitled to recover reasonable legal fees and costs.

TCPA Consent & Privacy

Notwithstanding any current or prior election to opt in or opt out of receiving telemarketing calls or SMS messages (including text messages) from us, our agents, representatives, affiliates, or anyone calling on our behalf, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your loan and/or account, at any telephone number, or physical or electronic address you provide or at which you may be reached.

You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, they may also leave a message on your answering machine, voicemail, or send one via text.

You consent to receive SMS messages (including text messages), calls, and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates, or anyone calling on our behalf at the specific number(s) you have provided to us or numbers we can reasonably associate with your account (through skip trace, caller ID capture, or other means) with information or questions about your account.

You certify, warrant, and represent that the telephone numbers you have provided to us are your contact numbers. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to promptly alert us whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry.

You also agree that we may contact you by e-mail, using any email address you have provided to us or that you provide to us in the future. We may listen to and/or record phone calls between you and our representatives without notice to you as permitted by applicable law. For example, we listen to and record calls for quality monitoring purposes. You can Reply STOP to opt-out or unsubscribe at any time.

By using The Credit Tracker software, you acknowledge that you have read, understood, and agreed to be bound by this EULA.