THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter “You” or “Your”) AND ASSETTRAX, LLC. (hereinafter “ASSETTRAX”) GOVERNING YOUR USE OF AIM (Asset Identification & Management).

Parts of this Agreement

This Agreement consists of the following terms and conditions (hereinafter the “General Terms”) and terms and conditions, if any, specific to use of individual Services (hereinafter the “Service Specific Terms”). The General Terms and Service Specific Terms are collectively referred to as the “Terms”. In the event of a conflict between the General Terms and Service Specific Terms, the Service Specific Terms shall prevail.

Acceptance of the Terms

You must be of legal age to enter into a binding agreement in order to accept the Terms. If you do not agree to the General Terms, do not use any of our Services. If you agree to the General Terms and do not agree to any Service Specific Terms, do not use the corresponding Service. You can accept the Terms by checking a checkbox or clicking on a button indicating your acceptance of the terms or by actually using the Services. AssetTrax reserves the right to suspend access to Services at any time upon determination that the terms of this agreement have been violated.

Description of Service

We provide an array of services for asset and inventory management including browser and mobile based applications.  (“Service” or “Services”). You may use the Services for your personal and business use or for internal business purpose in the organization that you represent. You may connect to the Services using any Internet browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.

Modification of Terms of Service

We may modify the Terms upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address.

Content Creation and Export

Our Service allows you to create and export content for use on other platforms or using content internally within the service. We do not host images for other services unless You have entered into an Enterprise Service and Subscription Agreement. Any account found hosting images through the Service without this agreement is subject to immediate suspension or termination. 

User Sign up Obligations

You need to sign up for a user account by providing all required information in order to access or use the Services. If you represent an organization and wish to use the Services for corporate internal use, we recommend that you, and all other users from your organization, sign up for user accounts by providing your corporate contact information. In particular, we recommend that you use your corporate email address. You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign-up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if AssetTrax has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, AssetTrax may terminate your user account and refuse current or future use of any or all of the Services.

Organization Accounts and Administrator

When you sign up for an account for your organization you may specify one administrator. The administrator will have the right to configure the Services based on your requirements and manage users in your organization account.

You are responsible for i) ensuring confidentiality of your organizations data including passwords, ii) appointing competent individual(s) as an administrator for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that AssetTrax is not responsible for account administration and internal management of the Services for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator account. AssetTrax may provide control of an administrator account to an individual providing proof satisfactory to AssetTrax demonstrating authorization to act on behalf of the organization. You agree not to hold AssetTrax liable for the consequences of any action taken by AssetTrax in good faith in this regard.

Personal Information and Privacy

Personal information you provide to AssetTrax through the Service is governed by AssetTrax Privacy Policy. Your election to use the Service indicates your acceptance of the terms of the AssetTrax Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and you agree to inform us immediately of any unauthorized use of your user account by email or by calling at the information listed on https://www.AssetTrax.com. We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

Communications from AssetTrax

The Service may include certain communication, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Fees and Payments


The Services are available under software as a service subscription plan. Your subscription will be automatically renewed at the end of each subscription period unless you provide notice that you wish not to renew the subscription. All payments are due in advance for the upcoming services. Payments made are for future services and not for services rendered in the previous term. Failure to make the payment may result in a suspension or interruption of services without notice. If service is suspended for lack of payment, payment of the full amount past due is required before access will be restored. We reserve the right to terminate past due accounts that are inactive for a period of 120 days. In the event of such termination, all data associated with that account will be permanently deleted. 

Changes in Service levels may be based on the previous month’s actual activity or anticipated future activity. At the time of automatic renewal, the subscription fee will be charged to the Payment Method last used by you.  

From time to time, we may change the price of any Service or charge for use of Services that are currently available. Any increase in charges will not apply until the expiry of your then current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restrictions on Use

Client will use the Services solely for its business purposes as permitted by this Agreement and will not (and will not authorize or assist others to do any of the following): (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit the Services, make the Services available to, or use the Services for the benefit of any third party, in whole or in part; (ii) remove, alter or obscure any proprietary notices that accompany the Services; (iii) disassemble, reverse engineer, decompile, or otherwise attempt to learn any source code or underlying functionality of the Hosted Services; (iv) reproduce, modify, publish, copy, disclose, or create derivative works based on the Services (v) combine any portion of the Services with any other third-party software without written consent; (vi) create Internet links to or from the Services, or “frame” or “mirror” any content forming part of the Services; or (vii) provide, maintain access to, or use the Services in any manner inconsistent with this Agreement, including accessing or using the Services in a way intended to avoid incurring fees or to exceed usage limits or quotas, (viii) post links to third party sites or use their logo, company name, etc. without their prior written permission; (ix) publish any personal or confidential information belonging to any person or entity without obtaining consent from such person or entity; (x) use the Services in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, resource of AssetTrax; (xi) violate any applicable local, state, national or international law; and (xii) create a false identity to mislead any person as to the identity or origin of any communication (xiii) store or share images or content that is subject to copyright without permission.

Spamming and Illegal Activities

You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.

Data Ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant AssetTrax the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for AssetTrax’s commercial, marketing or any similar purpose. But you grant AssetTrax permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account solely as required for the purpose of providing the Services to you.  

Accessing Third Party Applications Integrated with AssetTrax

Many third party applications (hereinafter “Third Party Application(s)”) are integrated with AssetTrax. AssetTrax will also be integrating more Third Party Applications. In addition, You may also integrate any other Third Party Application with AssetTrax by using the API if such Third Party Application allows such integration. Access and use of Third Party Applications may require acceptance of terms of service and privacy policy applicable to such Third Party Applications (hereinafter “Third Party Terms”). You are responsible for reading and understanding the Third Party Terms before accessing or using any Third Party Application.

TERMS FOR USE OF API

Integration of AssetTrax with Third Party Applications using APIs provided by AssetTrax requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that You use the services of technically skilled persons for the integration. You agree that AssetTrax is not liable for any loss and corruption of data caused due to errors or defects in the integration.

You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that AssetTrax will not be liable for the consequences of accessing or using any unexposed functionality of the API. You agree to take responsibility for overwriting data in another system as a result of Your use of the API.

AssetTrax, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. AssetTrax in its discretion may cease supporting the current version with 30 days notice or less if i) AssetTrax is required to do so by law or ii) You have breached any provision of these Terms or the General Terms of Service or iii) AssetTrax determines that supporting the API is likely to result in a security risk to AssetTrax.

API Usage Limits

AssetTrax may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to the usage limits prescribed by AssetTrax in order to avail uninterrupted service. You understand that AssetTrax may restrict an activity if You reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.

Reasonable Use Policy

Our service is intended to be used in a reasonable and lawful manner. We reserve the right to review, suspend, or modify any account that engages in activities or usage patterns we deem to be excessive, abusive, or unreasonable. Such actions may include, but are not limited to, activities that disrupt the service or violate the intended purpose of the platform. We retain sole discretion in determining what constitutes unreasonable use.

YouTube API

Our App provides functionality that utilizes the YouTube API to enhance your experience and provide additional features related to YouTube videos. Please note that the use of our App is also subject to YouTube’s Terms of Service, which you automatically agree to when using this functionality. You are responsible for complying with YouTube’s Terms of Service in addition to these Terms. You may revoke the API Client’s access to users data via the Google security settings page at https://security.google.com/settings/security/permissions

By using our App, you acknowledge and agree to be bound by these Terms and Conditions (“Terms”). You also acknowledge that your use of our App is subject to YouTube’s Terms of Service, which can be found at [https://www.youtube.com/t/terms] (“YouTube Terms”). You agree to comply with both these Terms and the YouTube Terms while using our App. If you do not agree with any part of these Terms or the YouTube Terms, you may not use the App.

Limited Use:

AssetTrax’s AIM app use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.


Use of AI and Language Models

Our service incorporates AI tools, including Large Language Models (LLMs), such as ChatGPT, to assist with content generation and other functionalities. By using any AI-related tools on our platform, you acknowledge and agree that any data submitted through these tools is not secure, is not confidential, may be used in ways beyond our control, is subject to external processing and is not protected by any confidentiality agreements. Users are responsible for ensuring that no sensitive or confidential information is shared while using these tools. Additionally, by using our AI tools, you confirm that you have read and agree to the ChatGPT Terms of Use and acknowledge the risks associated with using LLMs.

User Generated Content

You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. AssetTrax acts only as a conduit or vessel for displaying and managing such content.  Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. You are responsible for all content in your account. If you do not own the rights to content you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that AssetTrax will have the right to block access to or remove such content made available by you if AssetTrax receives complaints concerning any illegality or infringement of third party rights in such content.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ASSETRAX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASSETRAX MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICES SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ASSETRAX, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

Limitation of Liability

YOU AGREE THAT ASSETRAX SHALL, IN NO EVENT, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ASSETRAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL ASSETRAX’S ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Service Level Agreement

While the Services are intended to be available on a twenty-four (24) hours per day, seven (7) days a week basis, you acknowledge and understand that periodically the Services may become inaccessible or inoperable due to equipment malfunctions; periodic maintenance, repairs, or updates; interruption or failure of networks; hostile network attacks; network congestion; or for reasons beyond provider’s control, including a so-called “force majeure” event.  You acknowledge that AssetTrax assumes no liability for internet or telecommunications stability.  Furthermore, AssetTrax will not be responsible or liable for any failure or delay caused, in whole or in part, by deficiencies in the performance, adequacy, accuracy, concurrency or any other matters related to your systems or data.

Enhanced and specific service level agreements are available to corporate customers that have entered into an Enterprise Service and Subscription Agreement directly with AssetTrax.

Indemnification

You agree to indemnify and hold harmless AssetTrax, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by AssetTrax.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Minnesota, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, AssetTrax may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension and Termination

We may suspend your user account or temporarily disable access to whole or part of any Service in the event of any suspected illegal activity, extended periods of inactivity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to [email protected] within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. We will also terminate your user account on your request. We reserve the right to terminate suspended accounts that are inactive for a period of 120 days. In the event of such termination, all data associated with that account will be permanently deleted. 

Copyright/Trademark

Copyright © 2024 AssetTrax, LLC

The data, content and information in the D-Tools Database come from a variety of sources, both public and private. D-Tools spends considerable effort collecting, creatively selecting, correcting, verifying, analyzing, enhancing, processing and preparing the same for use and it contains proprietary elements belonging to D-Tools or its licensors. When you extract data, content or information from the D-Tools Database, you do not own it, and it is not your property nor is it in public domain. It remains the copyrighted property of D-Tools or its licensors, and You have a license to use it only as per the terms and conditions of this Agreement and the License Agreement **link**. The capitalized terms in these paragraphs have their meanings set forth in the License Agreement.