TrackingPremium LLC
Last Updated: 12/22/2025
By accessing or using the TrackingPremium platform (“TrackingPremium”, the “Service”), you (“Company”, “Freight Agency”, “User”, or any third party acting on behalf of the Company) agree to be bound by these Terms and Conditions (“Terms”), all applicable laws and regulations, including applicable federal, state, and local laws of the United States and the State of Florida.
If you do not agree with any part of these Terms, your sole remedy is to discontinue use of the Service.
1. DESCRIPTION OF SERVICES
TrackingPremium is a cloud-based logistics management software (SaaS) that provides, including but not limited to:
- Cargo and shipment management
- Warehouse Receipts
- Guides, BL / AWB management
- Consolidations and pre-alerts
- Client portals
- Document management
- User and role management
- Invoicing and operational tracking
TrackingPremium does not act as a freight forwarder, customs broker, carrier, or logistics operator. TrackingPremium provides technology only.
2. COMPLIANCE WITH LAWS
You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including customs, trade, tax, and data protection laws.
TrackingPremium assumes no responsibility for regulatory compliance related to your business operations.
3. CONTENT AND USER RESPONSIBILITY
You are solely responsible for all data, information, documents, communications, and content uploaded or processed through the Service (“Content”).
You agree not to upload or transmit Content that is unlawful, misleading, defamatory, abusive, obscene, fraudulent, invasive of privacy, or in violation of third-party rights.
TrackingPremium does not control or pre-screen Content and shall not be liable for any Content generated by Users.
4. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TrackingPremium LLC and its members, managers, officers, employees, contractors, agents, affiliates, and service providers from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:
- Your use of the Service
- Your Content
- Your violation of these Terms
- Your violation of any applicable law or third-party rights
5. BILLING, PAYMENTS, AND NO REFUNDS
Billing Cycle
Subscription fees are billed in advance according to the selected plan. Taxes and transaction fees may apply.
Payment Methods
You authorize TrackingPremium to charge any valid payment method on file. Failure to process payment may result in suspension or termination of access.
No Refund Policy
All payments are non-refundable, including partially used billing periods. TrackingPremium may, at its sole discretion, issue credits, but is under no obligation to do so.
6. CANCELLATION AND CUSTOMIZED SERVICES
Notice of Cancellation
You may cancel your subscription only by providing at least thirty (30) days’ prior written notice before your next billing date.
Cancellation will become effective at the end of the then-current billing period.
Cancellations submitted fewer than thirty (30) days before the next billing date will not prevent the upcoming charge.
No prorated refunds, credits, or exceptions will be granted, regardless of the cancellation date or reason.
Payment Obligations Upon Cancellation
pon cancellation, you remain fully responsible for all fees and charges incurred through the end of the applicable billing period, including but not limited to:
- Subscription fees through the end of the current billing cycle
- Customized software development
- System configuration and setup
- Parametrization and adaptation to your workflows
- Training, onboarding, and induction sessions
- Professional services already rendered or contractually committed
All outstanding balances remain due and payable in accordance with these Terms.
Customized Services
You acknowledge and agree that customized development, configuration, and professional services are not part of the standard SaaS subscription and:
- Are performed exclusively for your operation
- Become non-cancelable once initiated
- Are non-refundable under all circumstances
7. NON-SOLICITATION / NON-HIRING OF PERSONNEL
Protection of Legitimate Business Interests
During the term of this Agreement and for a period of two (2) years following its termination or expiration, you agree that you shall not knowingly and directly solicit for employment or engagement any current or former employee, contractor, consultant, or staff member of TrackingPremium LLC who, during the term of your subscription or within the preceding twelve (12) months:
- Had access to TrackingPremium’s confidential or proprietary information
- Had knowledge of TrackingPremium’s internal systems, pricing, or business structure
- Had involvement with TrackingPremium’s clients or operations
This restriction applies even if such individual was terminated or otherwise separated by Trackingpremium, and is intended to protect confidential information, internal know-how, and relationships with other clients.
General job advertisements not specifically targeted at TrackingPremium personnel shall not be considered a violation.
Any violation shall constitute a material breach and may result in termination of service, injunctive relief, and damages as permitted under Florida law.
8. THIRD-PARTY SERVICES
The Service may integrate with third-party platforms, including but not limited to Stripe. Use of third-party services is subject to their respective terms.
TrackingPremium is not responsible for third-party services or content.
9. LIMITATION OF LIABILITY
To the maximum extent permitted by law, TrackingPremium shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of data, profits, or business interruption.
Total liability shall not exceed the fees paid by you during the six (6) months preceding the claim.
10. PRIVACY POLICY
TrackingPremium collects and processes personal data in accordance with its Privacy Policy, which is incorporated by reference into these Terms.
TrackingPremium does not sell or rent personal data and uses industry-standard security measures.
11. TERMINATION
TrackingPremium may suspend or terminate access to the Service for non-payment, misuse, violation of these Terms, or legal or security reasons.
12. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.
Exclusive jurisdiction and venue shall lie in the state or federal courts located in Miami-Dade County, Florida.
13. MODIFICATIONS
TrackingPremium reserves the right to modify these Terms at any time. Continued use of the Service constitutes acceptance of the updated Terms.
14. ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and TrackingPremium regarding use of the Service and supersede all prior agreements or understandings.