Terms of Service

1. This agreement

These Terms of Service (the "Terms") are a legal agreement between Xandr Studios ("TrackMaestro", "we", "us") and the organization that creates a TrackMaestro account (the "Tenant", "you"). They govern access to and use of the TrackMaestro platform: the tenant operations console, the driver web app and native iOS and Android driver apps, the public package-tracking pages, the API, and the marketing website.

By creating an account, accepting an invitation to join one, or using any part of the platform, you agree to these Terms. If you accept them on behalf of a company, you confirm you have authority to bind that company. If you do not agree, do not use the platform.

Where you have signed a separate written agreement or order form with us, that document controls to the extent it conflicts with these Terms. Otherwise, these Terms together with our Privacy Policy and the plan you select form the entire agreement between us.

2. Definitions

Platform

The TrackMaestro software, applications, APIs, documentation, and related services we make available to you.

Authorized users

The people you invite to your account, including owners, administrators, dispatchers, billing managers, and drivers. Each has a role that determines what they can see and do.

Tenant data

Everything you or your authorized users load into or generate on the platform: customers, addresses, packages, manifests, proof of delivery, notifications, call records, settings, and reports.

End customers

The delivery recipients your tenant data describes, who may receive notifications from you through the platform or open a tracking link.

Usage charges

Metered fees driven by what you consume: packages processed, SMS and email notifications, AI call minutes, map requests, and any paid add-on features you enable.

3. The service we provide

Subject to these Terms and to payment of the applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the platform during your subscription, for your own delivery operations.

What is included depends on your plan and on the feature entitlements enabled for your account. Some capabilities, including AI delivery calls, the native mobile driver app, live customer maps, and extended data retention, are gated features that are available only when enabled for your account and may carry additional charges.

We may improve, change, or discontinue parts of the platform. If a change materially reduces functionality you rely on, we will give reasonable advance notice through the platform or by email.

4. Accounts, users, and security

• You are responsible for everything done through your account, including by your authorized users, and for keeping user roles appropriate as people join and leave.
• Credentials are personal. Accounts must not be shared, and sign-in details must not be published or reused across organizations.
• You must keep contact details accurate so we can reach you about security, billing, and service notices.
• We provide multi-factor authentication, passkeys, password policies, session expiry, and optional IP allowlisting. You are responsible for choosing and enforcing security settings appropriate to your business.
• API keys are shown once when issued and are stored one-way hashed. Treat them as secrets, rotate them when staff change, and revoke any key you believe is exposed.
• Tell us promptly at the contact address below if you suspect unauthorized access to your account.
• Authorized users must be at least the age of majority where they live, or the minimum working age applicable to their role. The platform is not for personal or household use.

We may access your account for support, and platform operators can start an audited impersonation session to investigate a problem. Every such session is logged, and we use it only to provide support, maintain security, or meet a legal obligation.

5. Your data and your responsibilities

As between you and us, you own your tenant data. You grant us a limited licence to host, process, transmit, and display it strictly to provide and support the platform, to prevent abuse, and to meet our legal obligations. We do not sell it and we do not use it to advertise to anyone.

What you are responsible for

• Having the legal right to load recipient information into the platform, and having a lawful basis to contact those recipients by email, SMS, browser alert, or voice call.
• Telling your own customers how their information is used, and handling their access, correction, and deletion requests. We act as your processor and will help you respond.
• The accuracy of the addresses, phone numbers, email addresses, and delivery instructions you supply. Routing, notification, and arrival estimates are only as good as the data behind them.
• Complying with the laws that apply to your delivery operations, including telemarketing, anti-spam, call recording, transport, employment, and privacy laws in every place you operate.
• Informing your drivers that live location is shared with dispatch while a route is in progress, and meeting any employment or works-council requirement that applies to monitoring staff.
• Configuring the customer-facing privacy controls the platform gives you, including the tracking map, the delivery-area privacy radius, the live driver marker, notification channels, and mobile privacy mode.

You must not load sensitive categories of personal information into the platform, such as health, biometric, financial account, or government identification data, beyond what a delivery record ordinarily requires.

6. Acceptable use

You and your authorized users must not:

• Use the platform for anything unlawful, deceptive, harassing, or harmful, or to ship or track prohibited goods.
• Use AI delivery calls, SMS, or email for marketing, promotions, political messaging, debt collection, surveys, or any purpose other than communicating about a specific delivery.
• Contact a recipient who has asked not to be contacted, or ignore an opt-out.
• Copy, resell, sublicense, or provide the platform to a third party as a service of your own, unless we have agreed to it in writing.
• Reverse engineer, decompile, or attempt to derive the source code of the platform, except where that restriction is unenforceable by law.
• Circumvent plan limits, feature entitlements, usage metering, rate limits, or tenant isolation, or attempt to access another tenant’s data.
• Probe, scan, or test the security of the platform without our prior written permission, or run load or penetration testing against it.
• Introduce malware, scrape the platform by automated means outside the API, or interfere with its normal operation.
• Misrepresent your identity or your relationship to a recipient when placing a call or sending a message.

We may investigate suspected misuse and may suspend access immediately where there is a risk to the platform, to other tenants, to recipients, or to us.

7. AI delivery calls

Where AI delivery calls are enabled for your account, a driver can place an automated voice call to a recipient from a stop. The following applies in addition to the acceptable-use rules above.

• Calls are placed by your driver about an active delivery. They are never automatic, never bulk, and never to be used for any purpose unrelated to that delivery.
• You are responsible for making any disclosure and obtaining any consent that call recording, transcription, or automated calling requires where you and the recipient are located. Enable recording only where it is lawful for you.
• Voice conversations are automated. The outcome a call produces is a suggestion, not a verified fact, and you remain responsible for delivery decisions made from it.
• Calls are carried by third-party voice and telephony providers and depend on their availability and on the recipient’s network.
• Call minutes are metered and billed as usage. Transcript and recording references are retained only until the platform redaction window elapses.
• We may disable AI calling for your account, or platform-wide, if it is misused, if a provider requires it, or if a legal or regulatory concern arises.

8. Third-party services

The platform depends on third-party providers for payments, maps and geocoding, SMS and voice telephony, AI voice, transactional email, mobile push, object storage, and hosting. Their availability, accuracy, and terms are outside our control, and an outage or change at a provider may affect the platform.

Map data, geocoded coordinates, arrival estimates, and route suggestions are estimates provided for operational convenience. They are not a guarantee of accuracy, safety, or legality of any route, and drivers remain responsible for driving lawfully and safely. Drivers must not operate the driver app while driving.

If you connect your own systems through our API, webhooks, or a CSV import, you are responsible for those integrations and for anything they send to or pull from the platform.

9. Plans, fees, and billing

• Subscriptions: your plan sets a recurring fee and the limits included with it, such as driver seats and monthly package volume. Fees are stated in the currency shown at checkout and exclude taxes.
• Usage charges: consumption beyond what your plan includes is metered and billed in arrears. Metered items include packages processed, SMS and email notifications, AI call minutes, map requests, and paid add-ons such as extended data retention and the mobile driver app.
• Trials: where a trial is offered it runs for the stated period and may be subject to usage caps. Unless you cancel before it ends, the subscription begins and the first charge is taken.
• Renewal: subscriptions renew automatically for successive terms until cancelled. You may cancel at any time, effective at the end of the current term.
• Payment: charges are taken through our payment provider using the payment method on file. Card details are handled by that provider and never stored on our systems. You authorize recurring charges for subscription and usage amounts.
• Taxes: fees exclude sales, use, GST, HST, VAT, and similar taxes, which are added where applicable. You are responsible for any withholding.
• Failed payment: if a charge fails we will attempt it again and notify you. If the account remains unpaid, we may restrict the platform to the billing screens until the balance is settled, and later suspend it.
• Price changes: we may change plan pricing on at least 30 days’ notice before your next renewal. Continuing after the change takes effect means you accept the new pricing.
• Refunds: fees are non-refundable except where the law requires otherwise or where we agree in writing. Where we do issue a full or partial refund, it is returned to the original payment method.
• Billing disputes: raise a disputed charge with us within 60 days of the invoice. Undisputed amounts remain payable while we look into it.

10. Availability and support

We use commercially reasonable efforts to keep the platform available, and we maintain health checks, monitoring, and durable queues so that work is not lost during interruptions. We do not commit to a specific uptime level unless we have agreed to a written service-level agreement with you.

Planned maintenance is scheduled to limit disruption where practical. The platform may also be unavailable for reasons outside our control, including provider, network, and device failures. The driver apps queue delivery work offline and replay it when connectivity returns, so field work can continue through a short interruption.

Support is provided by email at the address below during business hours in Ontario, Canada, unless your plan or written agreement says otherwise.

11. Intellectual property

We own the platform and everything in it, including its software, design, documentation, and the TrackMaestro name and logo. Nothing in these Terms transfers ownership to you, and you may not use our name or branding without our permission except to identify TrackMaestro as your delivery software.

You keep ownership of your logo, branding, and content that you upload for use on customer-facing pages, and you grant us the licence needed to display it in the tracking experience and notifications you configure.

If you send us feedback or suggestions, we may use them to improve the platform without obligation or payment to you. We may also use aggregated, de-identified statistics that do not identify you, your users, or your recipients to operate and improve the service.

12. Confidentiality

Each of us may receive information from the other that is marked confidential or that a reasonable person would treat as confidential, including pricing, product plans, and security details. Each party will protect the other’s confidential information with at least reasonable care and use it only to perform this agreement. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or must be disclosed by law, in which case the receiving party will give notice where it is permitted to do so.

13. Data protection

Our handling of personal information is described in the Privacy Policy, which forms part of these Terms. For delivery data you load into the platform, you are the controller and we act as your processor: we process it on your documented instructions, keep it isolated from other tenants, restrict access to those who need it, and hold our providers to equivalent obligations.

Retention is enforced against per-category policies covering proof files, AI call records, SMS records, delivery location corrections, packages, manifests, client records, tracking links, and audit logs. Where a purge is enabled, records older than the window are deleted permanently, including the stored proof files themselves. Longer retention may be available as a paid add-on.

If you need a data processing agreement or details of our subprocessors for your own compliance programme, contact us and we will provide them.

14. Suspension, termination, and what happens to your data

• You may cancel your subscription at any time from the billing screens. Cancellation takes effect at the end of the current term, and fees already incurred remain payable.
• We may suspend or terminate access if you materially breach these Terms and do not fix it within 15 days of notice, if your account is unpaid, if your use creates legal or security risk, or if a provider or regulator requires it. Where the risk is immediate we may suspend first and notify you promptly afterwards.
• Export your data before you leave. On request within 30 days of termination we will make a reasonable export available to you.
• After that window we may delete your data in accordance with our retention policies. If you ask us to destroy your account, the deletion is irreversible, requires explicit confirmation, and cannot be undone.
• Residual copies may remain in encrypted backups for a limited period before being overwritten in the ordinary course.

Sections covering your responsibilities, fees already owed, intellectual property, confidentiality, disclaimers, liability, indemnity, and governing law survive termination.

15. Disclaimers

The platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the platform will be uninterrupted or error free, that arrival estimates, distances, proximity detection, geocoded coordinates, or route suggestions will be accurate, that notifications will be delivered by any carrier, browser, or push service, or that an AI call will reach a recipient or interpret them correctly. TrackMaestro is a coordination and record-keeping tool; it does not carry, insure, or deliver goods, and it is not a substitute for your own operational judgement.

Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you. Nothing here limits rights that consumer protection law makes non-excludable.

16. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost goodwill, or loss of data, even if advised that they were possible.

Our total aggregate liability arising out of or relating to this agreement is limited to the fees you paid us in the 12 months immediately before the event that gave rise to the claim.

These limits do not apply to your obligation to pay fees, to either party’s liability for death or personal injury caused by negligence, for fraud or wilful misconduct, or to anything else that cannot be limited by law.

17. Indemnity

You will defend and indemnify us against third-party claims, and the resulting damages, losses, and reasonable legal costs, arising from your tenant data, your delivery operations, your communications with recipients, your use of the platform in breach of these Terms, or your violation of law. We will notify you of any such claim, give you control of the defence, and cooperate at your expense. You may not settle a claim in a way that admits fault on our behalf or imposes an obligation on us without our consent.

18. Changes to these Terms

We may update these Terms as the platform and the law develop. The effective date at the top of the page always reflects the current version. For material changes we will give at least 30 days’ notice through the platform or by email before they apply to you. Continuing to use the platform after that period means you accept the updated Terms; if you do not accept them, you may cancel before they take effect.

19. Governing law and disputes

These Terms and any dispute arising from them are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The courts of Ontario have exclusive jurisdiction, and both parties submit to their jurisdiction and waive any objection based on venue or inconvenient forum. Either party may still seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Before filing a claim, please contact us so we can try to resolve the matter directly.

Nothing in this section removes any right you may have to bring a claim in your local courts where the law of your country gives you that right and it cannot be waived by agreement.

20. General

• Assignment: you may not assign this agreement without our written consent, except to a successor of your business. We may assign it to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure: neither party is liable for delays or failures caused by events beyond its reasonable control, including outages at infrastructure and telecommunications providers, natural events, or government action.
• No partnership: this agreement does not create a partnership, joint venture, employment, or agency relationship.
• Severability: if a provision is unenforceable, the rest remains in force and the provision is applied to the maximum extent permitted.
• No waiver: not enforcing a right is not a waiver of it.
• Notices: we give notice to the email addresses on your account or through the platform. You give notice to us at the contact address below.
• Language: the parties have requested that this agreement and related documents be drawn up in English. Les parties ont demandé que cette convention et les documents qui s’y rattachent soient rédigés en anglais.

21. Contact us

Questions about these Terms, your plan, or a billing matter: