These Terms and Conditions (“Terms“) govern your use of the Field Sales Tracker application and related services (the “Application” or the “Service“), provided by Texada Software (“Texada“, “we”, “us”). By creating an account or using the Application, you accept these Terms.
Field Sales Tracker is a Texada-branded product that is powered, hosted, and operated by Texada’s software partner, Accomplish Sales LLC (d/b/a “RepMove”), acting solely as Texada’s subcontractor and sub-processor (the “Software Partner“). See Section 14.
Your organization has entered into, or will enter into, a written agreement with Texada for the Service — an Order Form that references the Texada Software Master Services Agreement and Terms and Conditions and incorporates the Field Sales Tracker Rider (together, the “Agreement“). That Agreement governs the relationship between Texada and your organization, including for evaluation and trial periods.
These Terms govern your individual use of the Application. You may not have seen the Agreement — it is signed by your organization — and these Terms are written to stand on their own for that reason. Nothing in these Terms grants you rights greater than those granted to your organization under the Agreement. In the event of a conflict, the Agreement governs the relationship between Texada and your organization, and these Terms govern your individual use of the Application.
The Texada entity you contract with depends on your organization’s Account Region, as set out in Section 13.
The Application is intended solely for use by businesses and professionals and their personnel in the course of their trade, business, craft, or profession. It is not directed to children and is not intended for personal, family, or household use.
To use the Application you need a user account, provisioned by your organization’s administrator. You agree to provide accurate, current, and complete registration information and to keep it up to date. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must not share your account, use another person’s account, or register accounts by automated means. You must notify Texada promptly if you suspect your credentials have been compromised. Your organization’s administrator may access, manage, reassign, suspend, or delete accounts within its tenant.
You may use the Application only for its intended business purposes, in compliance with applicable law and these Terms. You must not, and must not permit others to: (a) copy, modify, or create derivative works of the Service; (b) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the Service available to any third party; (c) reverse engineer, disassemble, or decompile the Service or attempt to derive source code; (d) remove proprietary notices; (e) use the Service in a manner that infringes or misappropriates intellectual property rights or violates applicable law, including data protection laws; (f) interfere with or disrupt the integrity or performance of the Service, probe or scan the Service for vulnerabilities without written authorization, or attempt to gain unauthorized access; (g) introduce malicious code; or (h) use the Service to harass, defame, or harm any person.
Texada may — directly or through the Software Partner — monitor use of the Service for compliance, deny or suspend access, and report misconduct to competent authorities. The Software Partner is an intended third-party beneficiary of the use restrictions, disclaimers, and limitations of liability in these Terms that protect the Service, and may enforce them directly against you.
All intellectual property rights in and to the Application and its content — other than Customer Data and content provided by users — are and remain the property of Texada, the Software Partner, and their licensors. The “Texada” and “Field Sales Tracker” names and marks are trademarks of Texada. The underlying software is owned by the Software Partner and licensed for provision of the Service under the Texada brand.
You and your organization retain ownership of the data, notes, files, and other content you submit to the Application (“Customer Data“). You grant Texada — and, solely in its capacity as Texada’s sub-processor, the Software Partner — a non-exclusive, royalty-free right to host, copy, process, transmit, display, and back up such content solely as necessary to provide, secure, maintain, and support the Service. Customer Data is not used for advertising and is not sold. Anonymized, aggregated statistics derived from use of the Service may be compiled and used to operate and improve the Service, with all rights in such statistics retained solely by Texada.
You represent that you have the rights and permissions necessary to submit the content you provide and that it does not infringe third-party rights or violate applicable law. Texada does not pre-moderate user-provided content and acts as a technical hosting provider for it; you remain solely responsible for content you submit. Texada may remove, disable, or refuse content that it reasonably considers unlawful, infringing, or in violation of these Terms, and may report unlawful content to competent authorities where required. Where the Application is distributed through the Apple App Store, Texada (directly or through the Software Partner) will act on reports of objectionable content within 24 hours by removing the content and ejecting the user who provided it.
The Application includes sales-territory, routing, mapping, and check-in features that can use your device’s approximate location and — where enabled — precise geolocation. Location collection is subject to your device’s permission controls, and you can disable it at the device level (which may limit those features). Because Application users are typically employees of the organization that licenses the Service, that organization — as employer and controller of Customer Data — is responsible for establishing its lawful basis for any location tracking of its personnel and for informing you about it. Texada does not use location data for advertising.
The Application may offer optional AI-assisted features (for example, rephrasing text or generating draft emails). These features are Opt-In and used only when you actively invoke them. Content you submit to an AI feature is transmitted to a third-party AI provider for processing. Consistent with Texada’s privacy practices for AI features across its products: content provided to AI features is minimized to what is necessary to provide the feature; customer data is not used to train public AI models, and the AI provider is contractually prohibited from retaining submitted content beyond processing or using it to train its models; the AI provider is bound by contractual confidentiality and data-protection obligations; and AI features are not used for advertising.
You are responsible for the content you submit to AI features and for reviewing AI output before relying on or sending it; AI output may be inaccurate and is provided without warranty. Do not submit content to AI features that you or your organization are not permitted to disclose.
The Application may provide access to external resources and third-party services, including mapping, routing, and geocoding providers, provided by third parties under their own terms. Texada does not control and is not responsible for the availability or content of such external resources.
Where you obtain the Application through the Apple App Store or Google Play, the marketplace provider’s terms also apply to the download and, in case of conflict regarding the marketplace relationship, prevail over these Terms. For App Store builds: (a) these Terms are concluded between you and Texada only — Apple Inc. (“Apple“) is not a party and is not responsible for the Application or its content; (b) Apple has no obligation to furnish maintenance or support for the Application; (c) in the event of any failure of the Application to conform to an applicable warranty, you may notify Apple and Apple will refund any purchase price paid for the Application (if any), and, to the maximum extent permitted by law, Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims relating to the Application, including product liability, legal or regulatory non-conformity, and consumer protection claims; (e) in case of third-party intellectual property claims, Texada — not Apple — is responsible for their investigation, defense, settlement, and discharge to the extent required by these Terms; (f) you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country and are not on any U.S. Government list of prohibited or restricted parties; and (g) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
The Service is purchased from Texada only under a formal, business-to-business contract. All fees, billing, taxes, and payment terms are governed by the Agreement and the applicable Order Form. The Application does not offer in-app purchases, app-store subscriptions, or any purchase flow, and no fees are charged to end users through the Application or an app store. Downloading the Application from an app store is free; use requires an account provisioned under your organization’s agreement with Texada.
Personal information submitted to or collected through the Service is handled in accordance with the Privacy Policy — Field Sales Tracker, published on the Texada website. Texada’s Field Sales Tracker Data Processing Addendum is available on request.
Where your organization uses the Service, it is the controller of Customer Data; Texada acts as processor or service provider, and the Software Partner and Google are sub-processors. Personal information processed through the Service is not sold, not shared for cross-context behavioral advertising, and not used for targeted advertising (as those terms are defined under applicable data protection laws, including the CCPA/CPRA).
Texada — directly or through the Software Partner — will use commercially reasonable efforts to make the Service available, except for scheduled maintenance and events beyond its reasonable control. Texada does not guarantee any specific availability or uptime percentage for the Service unless expressly stated in an applicable Order Form. Texada provides Tier-1 support and the Software Partner provides underlying maintenance and escalated (Tier-2+) support. Texada may modify or discontinue the Service in accordance with the Agreement.
Texada may — directly or through the Software Partner acting on Texada’s behalf — suspend or terminate your access to the Application at any time if Texada reasonably believes your use violates these Terms, the Agreement, or applicable law, or poses a security risk to the Service or any third party. Your access will also end when your organization’s subscription expires or is terminated, or when your organization’s administrator deactivates your account. Suspension or deletion of an account does not relieve your organization of accrued fees.
Upon expiration or termination, neither you nor your organization has any right to continued access, Texada is under no obligation to retain Customer Data, and Texada may delete Customer Data without liability, as provided in the Agreement. Any data-handling commitments are those stated in the Agreement and the Field Sales Tracker Data Processing Addendum.
(a) Warranty disclaimer. The only warranty for the Service is the express limited warranty made to your organization in the Agreement, with the cure-only remedy stated there. In all other respects, and as to you individually, the Application is provided “as is” and “as available”. Texada disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising from course of dealing, usage, or trade practice. Texada does not warrant that the Application will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Application is free of viruses or other harmful components.
(b) Limitation of liability. To the maximum extent permitted by applicable law: (i) Texada will not be liable under these Terms for any damages, or for loss of production, profit, revenue, business, goodwill, anticipated savings, reputation, or loss or corruption of data, however caused and under any theory of liability, even if advised of the possibility of such damages; and (ii) Texada’s aggregate liability to you as an individual user under these Terms will not exceed one U.S. dollar (US$1.00). The liability of Texada to your organization is governed exclusively by the Agreement and is not affected by these Terms. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
(c) Indemnity. To the extent permitted by applicable law, you will defend, indemnify, and hold harmless Texada, the Software Partner, and their officers, directors, employees, and agents from and against claims, damages, and expenses (including attorneys’ fees) arising from your violation of these Terms, your misuse of the Application, or your violation of applicable law or third-party rights. Where you use the Application as an employee of an organization that licenses the Service, this Section applies to you only to the extent the claim arises from your willful misconduct or use outside the scope of your organization’s authorization; your organization’s indemnification obligations are governed by the Agreement.
Texada may amend these Terms, and may amend, replace, or withdraw the Privacy Policy — Field Sales Tracker, the Field Sales Tracker Data Processing Addendum, and any other policy or documentation referenced in these Terms, at any time and without prior notice to you. The current version of these Terms and of each policy is the version published by Texada from time to time, and applies from the date it is published. Your continued use of the Application after publication constitutes acceptance; if you do not accept, you must stop using the Application.
Texada may publish revised versions of the Agreement and the Field Sales Tracker Rider from time to time; a revised version applies to new orders from its effective date. An Agreement already in effect between Texada and your organization is amended only as that Agreement provides.
These Terms are governed by the law applicable to your organization’s Account Region, without regard to conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods:
Before bringing a claim, contact Texada at the address in Section 15 with a description of your complaint; Texada will acknowledge promptly and endeavor to respond within fifteen (15) business days. Any remaining dispute between you and Texada will be resolved by binding arbitration before a single arbitrator, in English, under the arbitration rules and at the venue applicable to your Account Region. Disputes between Texada and your organization are resolved as provided in the Agreement.
The Application is a business tool and is not sold to consumers. If, notwithstanding this, you are deemed a consumer under mandatory law of your country of residence, nothing in these Terms limits any non-waivable right you have under that law. For users in Australia, nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy conferred by the Competition and Consumer Act 2010 (Cth) or the Australian Consumer Law that cannot lawfully be excluded; to the extent permitted, Texada’s liability for breach of a non-excludable guarantee in respect of services is limited, at Texada’s option, to resupplying the services or paying the cost of having them supplied again.
(a) White-label product; Software Partner. The Service is a white-labeled application powered, hosted, and operated by Texada’s software partner, Accomplish Sales LLC (d/b/a “RepMove”), under a separate agreement between Texada and RepMove. Texada provides the Service as a reseller and is the contracting party under these Terms and the Agreement; the Software Partner hosts the Service on Google Cloud Platform and acts solely as Texada’s subcontractor and sub-processor.
(b) Compliance & Security Certifications: While offered under Texada
branding, the Service is NOT within the scope of Texada’s existing ISO/IEC
27001:2022 certifications or SOC 2® Type II reports.
Texada’s failure to assert any right or provision under these Terms does not constitute a waiver of it. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force. You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Application without Texada’s express prior written permission. Texada may assign or transfer its rights and obligations under these Terms, including to an affiliate, in connection with a merger, acquisition, or sale of assets, or through the use of the Software Partner and its successors to perform the Service; you may not assign yours without Texada’s prior written consent.
In these Terms: “Agreement” means the Texada Software Master Services Agreement and Terms and Conditions as supplemented by the Field Sales Tracker Rider, together with the applicable Order Form, in effect between Texada and your organization; “Account Region” is the region associated with your organization’s billing country, as determined under the Agreement; “Order Form” is a formal ordering document executed between Texada and your organization.
Texada Software — 1 Robert Speck Parkway, Suite #950, Mississauga, Ontario L4Z 2G5, Canada · Level 2/8 Clunies Ross Court, Eight Mile Plains, Queensland 4113, Australia · support@texadasoftware.com · privacy@texadasoftware.com (privacy matters)
Field Sales Tracker is a Texada product powered and hosted by Texada’s software partner, RepMove (Accomplish Sales LLC).
