TrackPoint Terms and Conditions

Age Requirement

You must be at least 18 years of age, or the age of majority in your jurisdiction, to create an account and use the Services.

Account Security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us promptly of any unauthorized use.

Seat Assignment

Each seat is assigned to one named Learner at a time. An organization administrator may reassign a seat to a different Learner, for example when someone changes role or leaves the Organization.

A seat does not permit concurrent use. Credentials may not be shared and two people may not work under the same seat at the same time. Assessment records, scores and completion history remain attributed to the Learner who generated them, and reassigning a seat does not transfer one Learner's results to another.

Who Contracts

Where a company or institution purchases access, that Customer contracts with TrackPoint and is responsible for fees, for the seats it allocates, and for its Learners' compliance with these Terms and the Acceptable Use Policy. Where a signed agreement exists between TrackPoint and the Customer, that agreement controls to the extent it conflicts with these Terms.

Administration

The Customer appoints organization administrators, who manage seats, build and publish training modules, set rubrics, create assignments and access reporting. What administrators can see is described in our Privacy Policy.

When a Learner Leaves

If a Learner leaves the Organization, the administrator may reclaim their seat by removing the Learner, which deletes that Learner's sessions, recordings, scores and assignment progress. Session recordings are otherwise handled as set out in the Privacy Policy.

When the Contract Ends

Access ends at the end of the subscription term. Training modules, rubrics and assessment records created by the Organization remain the Organization's property. See Data Export and Return below.

Your Content

You are responsible for the content you upload, record or create using the Services, including recordings and the source material used to build training modules. You represent that you own or have the necessary rights to it.

Recordings of other people: you may only record yourself. Do not upload content featuring other individuals without their explicit consent.

Ownership

You retain all ownership rights to your User Content. Where User Content is created within an Organization, ownership as between you and the Organization is a matter for your agreement with them. We claim no ownership.

License to Us

You grant TrackPoint a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, process and display your User Content solely to provide, maintain and support the Services for you and your Organization. This includes generating transcripts, scores and feedback. We do not use your User Content to train our AI models.

Third-Party Content Consent

If your User Content includes the voice, image or likeness of another person, you represent that you have obtained all necessary permissions and releases. You agree to indemnify TrackPoint against claims arising from a failure to obtain them.

Rights in Source Material

The same applies to documents and playbooks uploaded to build training modules. Your Organization must hold the rights to that material. Licensed third-party curricula and assessment instruments often carry licences that do not extend to this use, and should be reviewed before upload.

Data Export and Return

While your licence is active and has usage remaining, you can export a PDF report of an individual session from your account. A Customer may request an export of its Organization's training modules, rubrics and assessment records during the subscription term and for 30 days after it ends, in a structured, commonly used format. After that period we delete or de-identify the data in accordance with the Privacy Policy.

Plans

Features, seat counts, usage limits and pricing are described on our website or in the Customer's order form.

Billing

By purchasing a subscription you authorize us to charge your payment method on a recurring basis until you cancel. Enterprise Customers are billed according to their order form.

Cancellation

You may cancel at any time through your account settings. Cancellation takes effect at the end of the current billing cycle. Fees are non-refundable except where required by law.

"As Is" Service

The Services are provided on an "as is" and "as available" basis without warranties of any kind.

Training Aid, Not Certification

Training module content, scores and feedback are training aids. You acknowledge and agree that:

• AI-generated content, scores and feedback are not guaranteed to be accurate, complete or error-free, and may contain biases or limitations.
• A score or passing result is not a certification of competence, a professional credential, or a substitute for an employer's or institution's own assessment of readiness.
• The Services are not professional, clinical, legal, medical or financial advice and must not be relied on as such. Training modules in regulated fields are practice exercises only.
• Where an Organization uses results to inform an employment, academic or credentialing decision, that decision is the Organization's responsibility, including any human review it requires.
• You assume the risk of decisions made on the basis of AI-generated output.

No Warranty

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement and accuracy of AI-generated content. We make no warranty that the Services will meet your requirements or be uninterrupted or error-free.

Limitation of Liability

To the fullest extent permitted by law, TrackPoint shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (i) your use of or inability to use the Services; (ii) any AI-generated content, score or feedback; (iii) unauthorized access to or alteration of your data; or (iv) any other matter relating to the Services. In no event shall our aggregate liability exceed the amount you paid us, if any, in the past twelve months.

Modifications

We may revise these Terms from time to time. The current version is always posted on our website. By continuing to use the Services after revisions take effect, you agree to be bound by them.

Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy and Copyright Policy, and any signed agreement with a Customer, constitute the entire agreement regarding the Services.