Terms of Service

1. Agreement and acceptance

These Terms of Service ("Terms") form a binding agreement between TrackSights ApS, CVR 44719037, Bredgade 45 C, 1260 København, Denmark ("TrackSights", "we", "us") and the business that registers for or orders the Service ("Customer", "you").

You accept these Terms at the earliest of: (a) clicking "I agree to the Terms of Service" (or ticking the equivalent box) during registration; (b) accepting an Order; or (c) first use of a paid feature or a trial. If you do not accept, do not register for or use the Service. We record the account, date, time and Terms version accepted.

The agreement consists only of: (i) these Terms; (ii) the applicable Order; (iii) the Data Processing Agreement (DPA) at https://www.tracksights.com/data-processing-agreement; and (iv) any document expressly referenced by a stable URL in these Terms. No other or "additional" terms apply unless separately agreed in writing.

2. Definitions

• Service — the TrackSights web application, APIs and related documentation for vehicle screening, valuation, VIN lookups, case archiving, market insights, monitoring and analytics.
• Order — the plan you select at registration or in a sales agreement, together with its price, billing period (monthly or annual), seat count and usage allowances (including VIN-lookup limits) as displayed at purchase and confirmed by email.
• Customer Data — data, content and materials you or your Users submit to, or generate through, the Service.
• User — an individual you authorise to use the Service under your seats.
• Confidential Information — non-public information disclosed by a party that is marked confidential or that a reasonable person would understand to be confidential, including Customer Data, pricing and non-public features of the Service.

3. Business customers only

The Service is offered solely to customers acting for purposes relating to their trade, business or profession, and is not offered to consumers. By registering you represent and warrant that you are acting in the course of a business, and, where you register for an organisation, that you are authorised to bind it (and "Customer" means that organisation).

Completing registration requires a valid Danish CVR number or EU VAT identification number, which we validate during onboarding. We may refuse or terminate any registration that is not a bona fide business or whose registration details cannot be verified.

If you are not acting in the course of a business you must not register for or use the Service. Nothing in these Terms excludes any right that cannot lawfully be excluded; in the event a court nonetheless finds you to be a consumer, mandatory consumer-protection rights apply to that extent and prevail over any conflicting term.

4. Accounts, seats and authorised Users

You are responsible for your account, for keeping credentials secure, and for all activity under your account and seats. Team plans include up to the number of seats stated in your Order. You are responsible for your Users' compliance with these Terms.

5. Description of the Service

The Service provides screening, valuation and preparation of professional customer material, plus features such as case archiving, quick stock valuations, market insights, monitoring and analytics. The Service incorporates data obtained from third-party sources under data agreements with those providers; such data is made available on an as-is, reference basis. Valuations, insights and market intelligence are decision-support only, generated from TrackSights' methodologies and available data sources; you remain responsible for verifying outputs before relying on them (see §§18–19).

6. Free trial

Eligibility. Trials are offered at our discretion to new business customers who have not previously held a trial or paid subscription. Starting a trial requires completion of onboarding, including a validated CVR or EU VAT number (§3). We may verify eligibility and may refuse, shorten, suspend or withdraw a trial at any time, including where we reasonably suspect it is used to circumvent usage limits or these Terms.

One trial per customer. Each customer is entitled to one trial, identified primarily by CVR/VAT number and primary business email domain, and also by the registering individual and other identifiers. We may decline registrations that share these identifiers with an existing or previous trial. Creating duplicate or linked accounts, or using alternative emails, domains or registration numbers, to obtain additional trials or reset any usage allowance is a material breach.

What the trial includes. The trial runs for the period, and includes the feature set, seat count and usage allowances (including VIN lookups), stated on our pricing page at the time you sign up and displayed in the app. Trial allowances apply to the whole trial period, do not renew or carry over, and are separate from any paid-plan allowance. We may change the parameters offered for new trials at any time; the parameters shown at your signup apply to your trial. The trial is provided free of charge and "as is", with no availability, service-level or support commitment.

Trial fair use / no automation. During any trial you must not: access the Service by automated means (bots, scripts, scrapers, headless browsers) other than our documented API within its limits; perform bulk or high-frequency VIN lookups; probe or circumvent rate limits or usage caps; or extract, copy or compile the valuation, pricing or market data for storage, resale or building a competing dataset. We may throttle, cap or suspend usage that exceeds normal human evaluation.

End of trial. We do not require payment details to start the trial and will never charge you automatically during or after it. If you reach a usage allowance while trial time remains, we may prompt you to add a payment method and subscribe. Continued use of the Service after the trial expires requires a payment method and an active paid subscription; otherwise your access ends at expiry. Your data remains available for export for 30 days after expiry, after which we may delete it, subject to our Privacy Policy and any statutory retention.

7. Subscriptions: plans, Orders, term and automatic renewal

Paid plans (Pro, Team) and any Enterprise/committed-usage arrangement are provided under an Order that incorporates these Terms. The Service is provided only for the plan, seats and usage volumes in your Order; usage above them is handled under §9.

Each subscription begins when the Order is accepted and runs for the billing period selected — one (1) month for monthly plans or twelve (12) months for annual plans (the "Term"). At the end of each Term the subscription renews automatically for a further period of equal length at the then-current price, and the payment method on file is charged on the renewal date, unless cancelled beforehand under §11. We will send a reminder before each annual renewal.

Annual (prepaid) plans are prepaid in advance for the full 12-month Term at the discounted annual rate. Except where we terminate for convenience under §22, an annual subscription may not be terminated mid-Term and prepaid fees for the unused period are non-refundable.

8. Fees, billing and taxes

All fees are stated in Euro (EUR) and, unless expressly stated as VAT-inclusive, are exclusive of VAT and any other taxes, which we add where required by law.

VAT. We charge Danish VAT at the applicable rate unless a valid exemption applies. For business customers established in another EU Member State who supply a valid VAT identification number, the supply is treated under the reverse-charge mechanism and no Danish VAT is charged; you self-account for VAT in your Member State. For customers outside the EU, fees are generally invoiced without EU VAT, subject to applicable rules. You warrant the accuracy of your VAT number and billing details and are liable for any assessment, penalty or interest resulting from incorrect information. If any withholding tax is required by law, you will pay such additional amount as ensures we receive the full amount otherwise due.

Recurring billing authorisation. By providing a payment method you authorise us and our payment processor to charge it for all recurring subscription fees, taxes and any overage or bundle charges on each billing date until you cancel, and to store and update your payment credentials and initiate merchant-initiated transactions.

Invoicing. Subscription fees are due in advance on each billing date; separately invoiced amounts (e.g. Enterprise/committed usage) are due within 14 days of the invoice date. Amounts are payable without set-off or deduction.

9. Usage allowances, metering and overage

Metered usage (including VIN lookups) is measured by our systems, and our records are the authoritative basis for calculating included usage, overage and bundle consumption, absent manifest error.

Each plan includes the VIN-lookup allowance shown on our pricing page. Monthly allowances do not roll over unless we state otherwise. Usage above your allowance requires a pre-paid bundle or is billed as overage at the rates then published; bundle validity and expiry are as stated at purchase. We do not levy discretionary "excessive use" fees: any amount above your plan fee is limited to (a) overage or bundle charges at published rates and (b) amounts expressly agreed in an Order. We will notify you as you approach your allowance and before any overage is billed. For automated or abnormal traffic that threatens service stability, we may rate-limit or, after notice, suspend the affected usage rather than impose undefined charges.

10. Price changes

Fees for your current Term are fixed for that Term. We may change fees, allowances or bundle prices for the next renewal Term by giving you at least 30 days' notice before the renewal date. If you do not accept a change you may cancel with effect from the end of the current Term; continued use after the change takes effect constitutes acceptance.

11. Cancellation and its effect

You may cancel at any time from your account settings (Billing) or by emailing billing@tracksights.com. Cancellation stops the next automatic renewal. Your subscription and access to paid features continue until the end of the Term you have already paid for, and then end. Cancellation does not entitle you to a refund of fees already paid for the current Term, including the unused portion of a prepaid annual Term.

Plan and seat changes. Upgrades and added seats take effect immediately and are charged pro-rata for the remainder of the current Term. Downgrades and seat reductions take effect at the start of the next Term; no refund or credit is given for reduced usage during the current Term.

12. Refunds

Except where required by mandatory law, all subscription fees are non-refundable. Fees for a Term that has started are not refunded on cancellation, downgrade, seat/usage reduction, or termination for your breach, and you remain liable for the remaining fixed or annual Term. Where we terminate for convenience or discontinue the Service (see §22), we refund the pro-rata portion of prepaid fees for the unused part of the Term.

13. Late payment, failed payments and suspension

Late payment. If payment is not received when due, we are entitled to interest on overdue amounts at the statutory rate under the Danish Interest Act (Renteloven, implementing Directive 2011/7/EU), together with the fixed recovery fee of DKK 310 and reasonable recovery costs.

Failed payments. If a charge fails, we may retry your payment method over up to 14 days and will notify you; during that period we may downgrade or suspend paid features. If payment remains outstanding after our dunning process, we may terminate the paid subscription; accrued fees remain due.

Suspension for non-payment. We may, after notice, suspend or restrict access until overdue amounts (with interest) are paid. Suspension does not relieve you of the obligation to pay fees for the committed Term.

14. Customer Data, privacy and product improvement

Ownership. As between the parties, you own all Customer Data. You grant TrackSights a non-exclusive, worldwide, royalty-free licence to host, process, transmit and display Customer Data solely to the extent necessary to provide, secure and support the Service. This licence ends on deletion of the relevant Customer Data or termination of the agreement, subject only to routine backup expiry and legal-retention obligations. Nothing in these Terms is a perpetual or irrevocable licence over Customer Data, and we will not publish, sell or distribute identifiable Customer Data.

Data protection. Where we process personal data on your behalf, we act as processor and you as controller, under the DPA at https://www.tracksights.com/data-processing-agreement, which is incorporated into this agreement and governs security, sub-processors, international transfers, breach notification, assistance and return/deletion on termination. Where we act as controller for our own purposes, we do so under our Privacy Policy and an appropriate lawful basis.

Product improvement and model training. We may create and use aggregated and anonymised data (that no longer identifies you, any individual or any specific vehicle transaction) to operate, analyse and improve the Service, including training models. Aggregated and anonymised data we create under this section is not Customer Data; TrackSights owns it and may retain and use it after termination of the agreement. We will not train models on identifiable Customer Data without your separate, revocable, prior consent.

Text and data mining. We expressly reserve our rights against text and data mining of the Service and its content, including for training AI systems, to the extent permitted by law.

15. Acceptable use

You will use the Service lawfully and will not: damage, disable, overburden or impair the Service or interfere with others' use; infringe third-party rights; or use the Service to create or disseminate disinformation or propaganda, content glorifying violence, racism, hate speech or discrimination, or content relating to guns, drugs or explicit pornography.

Assessment. We will assess alleged violations reasonably and in good faith. Except where immediate action is required by law or to prevent serious harm, we will give you notice and a reasonable opportunity to respond or remedy before removing content or restricting your account. Nothing in these Terms limits either party's right to pursue any legal remedy or to have a dispute determined by the competent courts under §25.

16. Third-party price data and competition compliance

The Service may provide standard vehicle price information reported by importers to tax authorities, for analytical, informational and valuation purposes only. You will not use it to fix, coordinate or align prices, procurement or commercial strategy with any competitor, and will limit access to authorised personnel. We provide the data on a reference basis and each party is responsible for its own compliance with applicable competition law.

17. Intellectual property

TrackSights and its licensors own all right, title and interest in and to the Service, its software, models, documentation and trademarks, including all improvements. Except for the limited right to use the Service during the Term, no IP rights in the Service are transferred. You retain all right, title and interest in Customer Data and grant only the licence in §14. You will not reverse-engineer, decompile or disassemble the Service, except to the extent such activity is permitted by mandatory law and cannot be excluded (including a lawful user's interoperability rights); where such rights apply, you will first request the necessary information from us in writing. Feedback you provide may be used by us without restriction.

18. No warranties; service provided "as is"

The Service, including all data, valuations, insights and outputs, is provided "as is" and "as available", on a best-effort basis. To the maximum extent permitted by applicable law, we disclaim all warranties and conditions, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, currency and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, that defects will be corrected, or that data made available through the Service — including data sourced from third-party providers — is accurate, complete or current. We make no availability or service-level commitment unless expressly agreed in a signed Order. We may modify, suspend or discontinue the Service or any feature with reasonable notice where practicable.

19. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot be excluded by law, including for death or personal injury caused by negligence, for fraud, or for wilful misconduct or gross negligence.

Subject to the above: neither party is liable for indirect or consequential loss, lost profits, lost revenue, lost data or loss of goodwill; we are not liable for the accuracy, completeness or availability of data obtained from third-party sources or for any decision made in reliance on the Service; and each party's total aggregate liability under these Terms is limited to the fees paid or payable by you in the 12 months before the event giving rise to the claim. Valuations, insights and analytics are decision-support only and you are responsible for verifying them before relying on them; we are not liable for financial, legal or business decisions you make based on them.

20. Indemnification

You will indemnify and hold us harmless against third-party claims, and resulting damages, costs and reasonable legal fees, arising from your breach of these Terms, your Customer Data, or your unlawful use of the Service. Our obligations, if any, in respect of third-party claims are limited to those arising under mandatory law, subject in all cases to §19. Your indemnification obligations are conditional on our prompt notice, your control of the defence (with our right to participate at our own cost), and reasonable cooperation.

21. Confidentiality

Each party will use the other's Confidential Information only to perform these Terms, protect it with reasonable care, and not disclose it except to personnel and advisers who need it and are bound by equivalent duties. These obligations do not apply to information that is public through no breach, independently developed, or rightfully received from a third party, and do not prevent disclosure required by law (with prior notice where lawful). They survive termination for 3 years, and for trade secrets for as long as they remain trade secrets.

22. Term and termination

For cause. Either party may terminate if the other materially breaches these Terms and fails to cure within 30 days of written notice. We may suspend immediately (with notice as soon as practicable) where necessary to address a security threat, unlawful use, or breach causing imminent harm, restoring access once resolved. If we terminate for your uncured material breach or non-payment, fees already paid are non-refundable and committed-Term fees remain due.

For convenience. We may terminate or discontinue the Service on 30 days' notice; in that case we refund the pro-rata portion of prepaid fees for the unused part of the Term.

Survival. Provisions that by their nature should survive (including §§14, 17, 19, 20, 21, 25) survive termination.

23. Changes to these Terms

We may update these Terms. For minor or legally required changes we will post the updated Terms (with a new version and effective date) and notify you. For material changes we will give at least 30 days' prior notice by email or in-product; continued use after the effective date constitutes acceptance, and if you object you may terminate the affected subscription before the change takes effect and receive a pro-rata refund of prepaid, unused fees. Price changes apply only from the next renewal Term.

24. General

Order of precedence. In case of conflict: (1) the DPA, for personal-data matters; (2) the Order (only where it expressly identifies the clause it overrides); (3) these Terms. Assignment. Neither party may assign without the other's consent, except that we may assign to an affiliate or in connection with a merger or sale of substantially all assets, on notice. Force majeure. Neither party is liable for failure or delay (other than payment) caused by events beyond its reasonable control; if such an event continues beyond 30 days either party may terminate the affected Service. Language. These Terms are made and concluded in English only. Notices. Legal notices must be in writing to your account email and to us at legal@tracksights.com (copy: TrackSights ApS, Bredgade 45 C, 1260 København, Denmark), deemed received the next business day. Entire agreement; waiver; severability. These Terms, the Order and the DPA are the entire agreement and supersede prior understandings. No failure to enforce is a waiver. If a provision is invalid or unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in force.

25. Governing law and jurisdiction

These Terms are governed by the laws of Denmark, and the competent Danish courts have exclusive jurisdiction over any dispute arising out of or in connection with them, including any question regarding their existence, validity or termination.

26. Contact

Questions: support@tracksights.com Billing: billing@tracksights.com Legal/privacy: legal@tracksights.com