Terms of Service
Standard B2B commercial terms governing our operations advisory, automated systems engineering, dedicated support retainers, and our transparent cancellation and refund framework.
01. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Client", "you", or "your") and OnTrak Technologies Inc. ("OnTrak", "we", "us", or "our").
By accessing our website (ontrak.tech), submitting an Operations Assessment request, booking a discovery consultation, or executing a Statement of Work (SOW), you agree to these Terms. If you are entering into these Terms on behalf of an entity, you confirm that you possess the lawful authority to bind that entity.
02. Services & Engagement Models
OnTrak provides enterprise operations architecture, automated workflow engineering, and dedicated virtual operational teams across two primary tiers:
check_circle Complimentary Diagnostic Services
Our Free Operations & Automation Assessment diagnostic report and our introductory 30-minute Discovery Calls are completely complimentary, non-binding, and without financial obligation.
description Contracted Paid Engagements
Formal client services are governed by written Statements of Work (SOW), detailing project milestones, sprint deliverables, dedicated support hours, and agreed service level expectations.
03. Fees, Invoicing & Payment Terms
- Project Builds & Automation Sprints: Typically invoiced on a structured milestone schedule (e.g., 50% advance deposit prior to architecture commencement, and 50% upon User Acceptance Testing - UAT delivery).
- Monthly Support Retainers: Invoiced recurringly at the start of each service cycle for dedicated operations coordinators and fractional management teams.
- Payment Schedule & Currency: Invoices are payable within 15 calendar days (Net-15) from issuance via electronic bank transfer (ACH/Wire) or authorized corporate credit card, in USD, GBP, or EUR as stipulated in the SOW.
- Late Payments: Accounts overdue beyond 15 days may be subject to a 1.5% monthly finance charge or the maximum statutory rate, and active sprint access or support queues may be paused until balances are settled.
We stand behind the quality, reliability, and precision of our operational deliverables. Our refund and cancellation policy provides clear, balanced protection:
Initial discovery consultations and operational diagnostic audits are 100% free of charge. No payment details are captured, and no financial risk is incurred.
- Prior to Kickoff: If you cancel a contracted sprint build in writing prior to architectural kickoff or tool provisioning, you receive a 100% full refund of your initial deposit.
- In-Progress Sprints: If an ongoing sprint is terminated mid-cycle, Client is entitled to a pro-rated refund for all uncompleted milestones, minus actual billable specialist hours incurred and non-recoverable third-party software provisioning licenses.
- Accepted Milestones: Once a project milestone has undergone User Acceptance Testing and is formally accepted by the Client, payments for that specific completed milestone are non-refundable.
Recurring monthly virtual operations support retainers may be cancelled at any time by providing 30 calendar days written notice. There are no lock-in penalties or exit fees. Any pre-paid retainer period beyond the 30-day notice window is promptly refunded or credited to your corporate account.
Following the handover of any custom automation workflow or software integration, Client enjoys an exclusive 14-day warranty and revision period. Any bugs, edge-case discrepancies, or adjustments within agreed SOW specifications are remediated immediately at zero additional expense.
To request a cancellation or refund under these provisions, submit your written notice directly to our accounts desk at contact@ontrak.tech. Approved refunds are credited to the original payment method within 5–10 business days.
05. Intellectual Property & Ownership
- Client Work Product: Upon complete settlement of all agreed fees, Client owns 100% of all bespoke deliverables, custom workflow configurations, business SOP documentation, and tailored codebases created specifically for Client under the SOW.
- OnTrak Pre-Existing Frameworks: OnTrak retains sole ownership of its baseline templates, pre-existing proprietary automation connector libraries, and generalized architectural methodologies ("Background IP"). OnTrak grants Client a perpetual, worldwide, royalty-free license to utilize such Background IP as integrated into their deliverables.
06. Client Responsibilities & Tool Access
Successful implementation requires active partnership. Client agrees to:
- Designate a primary project point-of-contact with decision-making authority.
- Provide timely feedback and review sprint deliverables within 5 business days of submission.
- Provision secure, least-privilege API tokens or service user accounts (e.g., Make, Zapier, CRM, Slack) necessary to configure agreed workflows.
07. Confidentiality & Mutual Non-Disclosure
Both parties agree that all confidential information disclosed during discussions or project delivery—including business operational strategies, customer records, software blueprints, pricing structures, and internal SOPs—shall remain strictly confidential. Neither party shall disclose such information to third parties without prior written consent, except to authorized employees or subprocessors bound by equivalent confidentiality covenants.
08. Third-Party Platforms & API Dependencies
Our automations and integrations interface with third-party software-as-a-service providers (such as HubSpot, Salesforce, OpenAI, Stripe, Google Workspace, Make.com, and Zapier).
Client maintains sole responsibility for securing and paying for their own third-party software licenses. OnTrak is not liable for service outages, scheduled maintenance, breaking API deprecations, or account suspensions originating from third-party vendor platforms outside our direct control.
09. Limitation of Liability & Warranties
OnTrak warrants that all services will be executed with professional skill and care adhering to industry best practices. Except as explicitly stated, services are provided on an "as-is" and "as-available" basis without warranties of merchantability or fitness for an atypical purpose.
Liability Cap: To the maximum extent permitted by applicable law, neither party shall be liable for indirect, incidental, special, or consequential damages (including loss of profits, data, or business interruption).
OnTrak's total aggregate liability arising out of or related to any engagement shall not exceed the total fees actually paid by Client to OnTrak during the three (3) months immediately preceding the event giving rise to liability.
10. Governing Law & Dispute Resolution
These Terms and any dispute arising hereunder shall be governed by and construed in accordance with the laws of the jurisdiction specified in the applicable Statement of Work, without regard to conflict-of-law principles.
In the event of any disagreement, the parties agree to engage in good-faith executive negotiations for thirty (30) days prior to initiating formal arbitration or judicial proceedings.
11. Commercial Support & Legal Notices
For contractual inquiries, bespoke Statement of Work amendments, or billing and refund requests: