These Terms of Service (the "Terms") govern your access to and use of the Trackwise platform operated by Trackwise LLC ("Trackwise", "we", "us"). By accessing the platform or accepting an Order Form, you agree to these Terms.
1. Eligibility
The Trackwise platform is offered to businesses (not consumers) acting in the course of their business. You must be authorized to bind the entity you represent. You must be at least 18 years old.
2. Prohibited jurisdictions and customers
We do not provide services to persons or entities located in, organized under the laws of, or ordinarily resident in jurisdictions subject to comprehensive U.S. sanctions, including those administered by OFAC, the UN, the EU, and the UK. We do not service entities on the OFAC SDN List or Consolidated Sanctions List, the EU consolidated list, the UK HMT list, or other applicable sanctions lists. See our Responsible Use Policy.
3. Account opening and KYC / KYB
You agree to provide accurate, current information about the legal entity, its beneficial owners (with at least 25% ownership), control persons, and intended use of the platform. We may require enhanced due diligence (EDD). We may decline, suspend, or close any account at our discretion.
4. Use of the platform
You may use the platform only for lawful business purposes. You will not use the platform for any activity prohibited by our Responsible Use Policy or by applicable law.
5. Banking and card services
Money transmission, card issuance, account, and payment services are provided through our licensed banking and card-network partners, who are subject to their own terms. Trackwise's FinCEN MSB registration is not a license to transmit money in any U.S. state. Where required, money transmission is provided through licensed partners.
6. Fees
Fees are described in the Order Form executed between you and Trackwise. Fees are exclusive of taxes. You are responsible for any taxes (other than Trackwise's income tax).
7. Confidentiality
Each party will protect the other's confidential information with the same degree of care it uses for its own confidential information, but in no event less than reasonable care.
8. Intellectual property
The platform, including software, documentation, and trademarks, is owned by Trackwise and its licensors. We grant you a limited, non-exclusive, non-transferable license to use the platform during the term of your subscription.
9. Data and privacy
Personal information is processed in accordance with our Privacy Policy. You are responsible for the lawful basis for any personal information you submit to the platform.
10. Warranties
The platform is provided on an "as is" and "as available" basis, without warranties of any kind, except as expressly stated in an Order Form. To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of liability
To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, or data, arising out of these Terms. Each party's aggregate liability under these Terms will not exceed the fees paid by you to Trackwise in the twelve (12) months preceding the event giving rise to the claim.
12. Indemnification
You will indemnify Trackwise against third-party claims arising from your breach of these Terms, the Responsible Use Policy, or applicable law.
13. Term and termination
Either party may terminate for material breach not cured within thirty (30) days of written notice. We may suspend access immediately if required by law or to protect the platform from imminent harm.
14. Governing law and venue
These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-laws provisions. Any dispute will be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, except where otherwise required by law.
15. Modifications
We may update these Terms from time to time. Material changes will be communicated to account holders. Continued use after notice constitutes acceptance.
16. Contact
hello@trackwise.finance
Trackwise LLC, 30 N. Gould St., Ste R, Sheridan, WY 82801, USA