1General Provisions
These Terms of Service (“Terms”) govern the use of the Tracta application (“Application”), including the creation and deletion of user accounts, use of the Application’s features, Workspaces, free and paid plans, subscriptions and other services made available through the Application.
The Application is created and provided by:
Jakub Osyraul
Rolnicza 242
70-700 Sadów
Poland
Email: support@tracta.cloud, hereinafter referred to as the “Service Provider”.
The Application is currently provided by the Service Provider as a natural person conducting unregistered activity (“działalność nierejestrowana”) under applicable Polish law. Such activity does not require registration in CEIDG for as long as the statutory conditions for conducting unregistered activity remain satisfied.
By creating an account or otherwise accepting these Terms where acceptance is required, the User agrees to comply with these Terms. Nothing in these Terms excludes or limits rights that cannot lawfully be excluded or limited, including mandatory consumer rights.
2User Account
Access to certain features requires a User account. Depending on the authentication methods currently available, an account may be accessed using an email address and password, Google or another external authentication provider, or other methods introduced in the future.
The User is responsible for taking reasonable measures to protect login credentials and must not intentionally share them with unauthorized persons.
The Application does not require the User to provide their real first and last name as profile information unless required for a particular feature or by law. Where permitted, a nickname, alias or other non-identifying profile information may be used.
The User must not impersonate another person, intentionally misrepresent their identity for fraudulent purposes, infringe third-party rights, use another person’s personal data without an appropriate legal basis, or use the Application for unlawful purposes.
Where accurate information is required for payments, invoices, accounting, tax or other legal purposes, the User must provide complete, current and truthful information.
3Email Verification and Password Recovery
Where email-and-password authentication is available, Tracta may require verification of the User’s email address and may provide password recovery functionality.
Verification and recovery messages may depend on external authentication and email delivery services. Immediate delivery cannot be guaranteed where delivery is affected by third-party infrastructure, spam filtering or other circumstances outside the Service Provider’s reasonable control.
4User-Provided Data and Content
Users may create, upload, store or otherwise provide information through Tracta, including tasks, items, locations, Workspaces, descriptions, files, images, stakeholder information and other supported content.
The User is responsible for content and information they submit and must not submit unlawful content or information they have no right to process, store or share.
Where the User enters personal data relating to another person, the User is responsible for ensuring that an appropriate legal basis exists where required.
Tracta primarily acts as a tool for organizing information. The Service Provider does not generally verify whether information entered by Users is accurate, complete or current.
5Application Functionality and Development
Tracta may provide features for organizing and managing tasks, items, locations, Workspaces, reminders, notifications, files and other information. Exact functionality may depend on the User’s plan.
The Application is under active and continuous development. Features may be introduced, improved, modified, reorganized, replaced, limited, temporarily disabled or discontinued.
Changes may result from product development, technical requirements, security, legal requirements, infrastructure changes or changes to third-party services. The interface and methods of performing operations may also change between versions.
The Service Provider does not guarantee that every individual feature will remain available indefinitely in exactly the same form. Changes affecting Users will be implemented subject to applicable law and mandatory rights relating to digital services.
6Updates
The Application may receive updates relating to functionality, bug fixes, security, performance, compatibility, legal requirements and infrastructure changes.
Certain updates may be necessary for continued correct operation. Using an outdated or unsupported version may result in features becoming unavailable or functioning incorrectly.
The Service Provider may discontinue support for older versions where reasonably justified by technical, security or compatibility considerations, subject to applicable law.
7GPS and Location Features
Certain features may use the location of the User’s device. Accuracy may depend on the device, GPS availability, operating system, Internet connectivity, surroundings, permissions and third-party location services.
Location information may be inaccurate, delayed or temporarily unavailable. Tracta is not a professional navigation, emergency, rescue or safety system.
Users must not rely exclusively on information provided by Tracta when making decisions involving health, life, physical safety or other critical circumstances.
8Notifications and Reminders
Tracta may allow Users to create reminders and receive notifications. Delivery may depend on the device, operating system, Internet connection, battery optimization, permissions, settings and third-party notification infrastructure.
The Service Provider cannot guarantee that every notification will be delivered at the exact intended time. Notifications should not be used as the sole reminder mechanism where failure or delay could cause significant damage, financial loss, danger to health or other serious consequences.
9Plans, Payments and Subscriptions
Tracta may offer free functionality and paid plans. The price, billing period and main features of a paid plan will be presented before purchase.
Paid plans may include monthly subscriptions, annual subscriptions, trial periods, individually agreed plans or other payment models introduced in the future. Subscriptions may renew automatically where clearly indicated before purchase.
Payments may be processed by third-party providers, including Google Play, Apple App Store or other payment service providers. Their rules may additionally apply to the transaction.
Uninstalling the Application does not automatically cancel a subscription.
Deleting a Tracta account does not necessarily cancel a subscription managed by Google Play, Apple App Store or another external provider. Users wishing to prevent further charges must cancel the subscription using the mechanism provided by the platform through which it was purchased.
10Right of Withdrawal, Cancellation and Refunds
A consumer who concludes a distance contract may have the statutory right to withdraw from the contract within 14 days from its conclusion, without providing a reason, where such a right applies under applicable law.
Nothing in these Terms limits the statutory right of withdrawal or any other mandatory consumer right. Where the User requests immediate access to a paid service before expiry of the statutory withdrawal period, provision of the service may begin immediately subject to applicable law.
A User may cancel the automatic renewal of a subscription at any time. Unless applicable law or the rules of the relevant payment provider require otherwise, cancellation does not terminate access immediately and the User retains access until the end of the billing period already paid for.
Cancellation of a subscription does not, by itself, entitle the User to a proportional refund for the unused part of an already commenced and paid billing period.
For example, if a User purchases an annual subscription and cancels renewal after four months, access may remain available for the remaining eight months and the subscription will not renew for another year. No proportional refund for the remaining period is due solely because the User chooses to stop using the Application earlier.
This does not affect rights arising from statutory withdrawal, non-conformity of the digital service with the contract, failure to provide a purchased service, mandatory consumer law or applicable payment-provider rules.
For purchases made through Google Play, Apple App Store or another external provider, cancellation and refund procedures may be handled by and subject to that provider. Account deletion does not replace cancellation of an externally managed subscription.
11Free Trials
Certain plans may include a free trial. Its duration and conditions will be presented before activation.
Where a free trial automatically converts into a paid subscription, this will be communicated before activation. Unless cancelled before the end of the trial according to the presented conditions, the applicable subscription fee may be charged.
Trials offered through an external platform may additionally be governed by that platform’s rules.
12Individual and Business Plans
A User, team, company or other organization may contact the Service Provider to discuss an individually customized Tracta plan.
An individual plan may include different usage limits, additional Users, increased storage, additional functionality, a different billing period, individually agreed pricing or other agreed conditions.
The scope, price and conditions are agreed separately before purchase. Sending an inquiry does not create an obligation for either party to enter into an agreement.
If the nature, scope or value of cooperation requires a change in the legal or business status under which the Service Provider operates, the transaction terms may be adjusted before paid services begin. Separate contractual terms may apply to individually negotiated business plans.
13Invoices and Proof of Purchase
Paid services are currently provided in accordance with the rules applicable to unregistered activity under Polish law.
Where required by applicable law, the purchaser may request an invoice, receipt or other proof of purchase and must provide accurate information necessary to issue the relevant document.
The ability to use a nickname or non-identifying profile information does not apply to information legally required for accounting, invoicing or tax purposes.
14Plan Limits
Plans may be subject to limits concerning Workspaces, Users or members, tasks, items, locations, files, storage, notifications and other resources.
Applicable limits may be displayed in Tracta or in the relevant plan description. Once a limit is reached, creation of additional resources may be prevented until resources are removed or the plan is changed.
Users must not intentionally circumvent technical limitations or plan restrictions.
15Third-Party Services
Tracta may depend on third-party infrastructure and services, including cloud infrastructure, databases, file storage, authentication providers, notification systems, mapping and geolocation services, application stores and payment providers.
Tracta may display advertisements through Google AdMob. Advertising may be personalized, non-personalized or limited depending on the User's region, choices and applicable law. Where required, the User may be asked for consent and may later change or withdraw that consent through the privacy options made available in the Application.
Information about advertising data, device and advertising identifiers, advertising personalization, consent choices and the User's privacy rights is provided in the Tracta Privacy Policy.
The availability of certain features may therefore depend on those services. A failure, outage, limitation, policy change or discontinuation of a third-party service may affect Tracta.
Where such an event occurs, the Service Provider will take reasonable steps to restore affected functionality where technically and reasonably possible.
16Backups and Data Availability
Application data may be stored using infrastructure provided by third-party database, cloud and storage providers. Backup creation, retention and restoration may therefore depend partly on the capabilities, configuration and availability of those providers.
The Service Provider takes reasonable measures to protect data but cannot guarantee that all data can be recovered in every possible situation.
The existence of backups does not guarantee that an individual task, item, file, location, Workspace or other resource deleted by a User can be restored. Users should maintain independent copies of particularly important information where appropriate.
17Software Errors and Bug Reports
Due to the nature and complexity of software, it is not possible to guarantee that Tracta will be completely free of errors.
Users may report bugs and technical issues through the available contact channel. Reported issues may be prioritized according to impact, security, risk of data loss, number of affected Users, severity and availability of a workaround.
Bugs will be investigated and addressed according to their priority and available technical resources. Submission of a bug report does not guarantee resolution within a specific period unless required by law or a separate agreement.
18Outages and Maintenance
The Service Provider takes reasonable steps to keep Tracta operational, but continuous and uninterrupted availability 100% of the time cannot be guaranteed.
In the event of an outage, reasonable steps will be taken to identify the cause, limit its effects and restore normal operation. Resolution time may depend on the nature of the failure and third-party infrastructure.
Temporary interruptions may also occur due to maintenance, updates, migrations, security work, infrastructure changes or circumstances outside the Service Provider’s reasonable control.
19Liability
The Service Provider exercises reasonable care in developing, maintaining and operating Tracta. The Application nevertheless depends on independent systems including the User’s device, operating system, Internet connection and third-party infrastructure.
To the extent permitted by applicable law, the Service Provider is not liable for losses resulting solely from circumstances outside the Service Provider’s reasonable control, including failures of Internet or telecommunications services, cloud infrastructure, databases, third-party providers, operating systems or User devices.
To the extent permitted by law, the Service Provider is not responsible for consequences resulting from inaccurate information entered by the User, incorrect configuration, unauthorized disclosure of credentials attributable to the User, use contrary to the intended purpose, use of an unsupported version after an update has reasonably been required, or failures of independent third-party systems.
Tracta should not be used as the sole repository for information whose loss could cause critical damage and is not intended for situations where a failure, delay, inaccurate location, missed notification or data loss could directly endanger human life or health.
Nothing in these Terms excludes or limits liability where prohibited by law or limits statutory consumer remedies concerning conformity of a digital service with the contract.
20Workspaces and Shared Data
Tracta may allow Users to create shared spaces referred to as Workspaces. A Workspace may contain tasks, items, locations, files, members and other resources.
Different Users may have different roles and permissions. The Workspace owner may have broader management permissions than other members.
Deleting a Workspace may permanently delete data associated with it and may cause other members to lose access to shared information.
If the owner of a Workspace deletes their account, Workspaces owned by that User may also be permanently deleted together with associated data. Before deleting an account, the owner should ensure that other members have secured any information they need to retain.
21Account Deletion
A User may request permanent deletion of their Tracta account. Account deletion may result in permanent deletion of account information, User-owned resources, Workspaces owned by the User and associated tasks, items, locations, files and other information.
Once deletion is completed, recovery may not be possible. Before deleting an account, the User should secure information they wish to retain.
Personal information identifying the deleted User within resources belonging to other Users may be deleted or anonymized, where appropriate, in accordance with the Privacy Policy and applicable law.
Certain information may continue to be retained where required by law, including for accounting, tax, fraud prevention, dispute resolution or other legal obligations. Data that has been irreversibly anonymized may also remain where it can no longer be associated with the User.
Account deletion does not automatically cancel subscriptions managed by Google Play, Apple App Store or another external provider. Users should cancel such subscriptions separately if they do not wish them to renew.
22Abuse and Security
Users must not use Tracta in a manner that violates applicable law, compromises security or infringes the rights of others.
Prohibited conduct includes attempting unauthorized access, bypassing security mechanisms, intentionally circumventing plan limits, generating excessive automated traffic that interferes with the service, exploiting software errors for unauthorized benefit, intentionally disrupting the Application or introducing harmful code.
Where activity creates a reasonable security risk, the Service Provider may take proportionate protective measures, including temporary restriction of affected functionality or access, subject to applicable law and contractual rights.
23Intellectual Property
The Application, including its source code, software architecture, design, interface, graphics, branding, documentation and other protected elements, is owned by the Service Provider or used under appropriate authorization.
Creating an account or purchasing a subscription does not transfer intellectual property rights in Tracta to the User. The User receives only the right to use the Application in accordance with its intended purpose, these Terms, the applicable plan and applicable law.
Users may not copy, distribute, sell, sublicense or otherwise commercially exploit protected elements without authorization, except where expressly permitted by law.
24Complaints
Users may submit complaints concerning Tracta, their account, paid services, subscriptions or other service-related matters to support@tracta.cloud.
Where possible, a complaint should include a description of the issue, circumstances in which it occurred, information necessary to identify the affected account or transaction, and contact information enabling a response.
Complaints will be considered in accordance with applicable law. Technical bug-reporting procedures do not limit statutory consumer rights concerning digital services.
25Privacy and Personal Data
Personal data is processed in accordance with the Tracta Privacy Policy and applicable data protection law.
The Privacy Policy provides information concerning categories of data processed, purposes and legal bases, authentication, location information, Google AdMob advertising, device and advertising identifiers, advertising consent and personalization, third-party providers, retention, account deletion, anonymization and User rights.
These Terms and the Privacy Policy are separate documents. Acceptance of these Terms does not constitute consent to personal data processing where a separate legal basis or consent is required.
26Changes to the Application and These Terms
These Terms may be amended where reasonably necessary due to development of Tracta, introduction or removal of functionality, security requirements, technological changes, changes to plans or third-party services, changes in applicable law, or changes in the legal or business status of the Service Provider.
In particular, the Service Provider’s details may be updated if Tracta begins to be provided through a registered business in the future.
Material changes will be communicated where and in the manner required by applicable law. Changes do not deprive Users of acquired or mandatory rights.
27Termination of the Application
The Service Provider may decide to discontinue Tracta or particular services in the future, subject to applicable law and existing contractual obligations.
Where reasonably possible and legally required, Users will be informed in advance of a permanent discontinuation that materially affects paid access.
Discontinuation does not limit mandatory rights concerning amounts already paid or digital services not provided as agreed.
28Contact Details
The Application is provided by:
Jakub Osyraul
Rolnicza 242
70-700 Sadów
Poland
Email: support@tracta.cloud.
These contact details may be used for account issues, technical support, bug reports, complaints, personal data matters, account deletion, subscriptions and payments, individual plans and other matters concerning Tracta.
29Final Provisions
These Terms are governed by Polish law, subject to mandatory provisions protecting consumers.
Where a User is a consumer residing in another country and mandatory law of that country grants rights that cannot be contractually excluded, these Terms do not deprive the User of those rights.
If any provision is found invalid or unenforceable, this does not automatically invalidate the remaining provisions.
These Terms enter into force on the effective date indicated above. The current version should be made available in a form that allows Users to access and store its contents.