Terms of Service
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These Terms of Service (the “Terms”) govern access to and use of Trazday, a work and task management service provided by Trazday, a limited liability company based in Florida, United States (“Trazday”, “we”, “us”).
1. Agreement to these Terms
By creating an account, starting a trial or using Trazday, you agree to these Terms. If you use Trazday on behalf of a company or organization, you represent that you are authorized to accept these Terms on its behalf, and “you” also refers to that organization.
If you do not agree with these Terms, do not use the service.
2. Description of the service
Trazday is a web application that lets teams organize their work into work teams, boards and folders; create tasks with owners, statuses, schedules, deadlines and priority; discuss and attach files within each task; receive notifications; and reorder tasks based on the estimated time and impact entered by users.
The features and limits available depend on the plan purchased, as described on the pricing page in effect at the time of purchase.
3. Accounts
You need an account to use Trazday. You must provide accurate information and keep it up to date. You can sign up with your email address or a Google account.
You are responsible for keeping your credentials confidential and for all activity under your account. We recommend enabling the two-factor authentication available in your profile. Let us know immediately at soporte@trazday.com if you suspect unauthorized use.
Team administrators can invite members, assign roles and permissions, and remove users from the team. The organization is responsible for managing who has access to its information.
Minimum age
You must be at least 18 years old to use Trazday.
4. User responsibilities
You agree to use Trazday in accordance with these Terms and applicable law, and to ensure that the people you invite to your teams and boards do the same.
You are responsible for the content you upload, for having the necessary rights and permissions to it, and for the accuracy of the information you enter in the service.
5. 30-day free trial
New accounts may use Trazday free of charge for a 30-day trial period starting at sign-up.
No credit card or other payment method is required to start the trial.
The trial is a temporary evaluation of the service and is not a permanent free plan.
End of the trial
When the trial period ends, if you have not activated a paid subscription, access to the account and its content will be restricted or blocked until you activate a plan. The trial does not automatically convert into a paid subscription, since no payment method is requested to start it.
Your information remains on the platform for 90 days. If you have not been active or have not purchased a paid plan, your access will be revoked and all your interactions with the information stored on the platform will be deleted. However, if you have left comments or files on boards shared with other people (whether they are on a trial period or on a paid plan), these will remain. If you create a new account using the same email address, you will still not have access or permissions to anything you previously uploaded, as a new ID will be created for you.
6. Paid subscriptions
To keep using Trazday after the trial, you must purchase a paid plan (currently Pro or Genio). Prices, limits and features for each plan are published on the pricing page.
Per-user billing
Plans are billed per user. The total amount depends on the type of plan you chose.
Billing period
Plans are billed in advance for the chosen period: annual (and quarterly where offered). Prices shown “per month” are the monthly equivalent of the stated billing period.
Taxes
Depending on the billing location, the applicable taxes will be charged.
7. Renewal
Unless you cancel, your subscription renews at the end of each billing period for an equal period and is charged to the payment method on file in your account.
We may change plan prices. Any price change will apply from the next renewal, and we will notify you reasonably in advance.
8. Cancellation
You can cancel or change your subscription from the subscription section of your account, which is located under “My Subscription.”
You'll be able to continue using the platform and its benefits until the day your plan ends.
Refunds
Refunds are not available. If you have any issues, please contact soporte@trazday.com
9. Payment processing
Payments are processed by Stripe, a third-party payment provider. Your card details are entered in a form provided by Stripe and are also subject to its terms and policies.
If a charge cannot be completed, we may suspend access to paid features until it is resolved.
10. User content
“User Content” means all information you or your team members upload to Trazday: boards, tasks, dates, priorities, messages, attachments and other workspace data.
Ownership of content
You (or your organization) retain ownership of your User Content. Trazday does not acquire any ownership rights in it.
License needed to operate the service
You grant us a limited, non-exclusive, worldwide license to host, store, copy, process, transmit and display User Content solely as needed to provide, maintain, protect and improve the service and to comply with legal obligations. This license ends when the content is deleted from the service, subject to reasonable timelines for deleting backup copies.
11. Acceptable use
You must not:
- use Trazday for illegal or fraudulent activities, or activities that infringe third-party rights;
- upload content that contains malware or is defamatory, abusive or offensive;
- attempt to gain unauthorized access to accounts, data or systems of Trazday or other users;
- interfere with the operation or security of the service, or place a disproportionate load on it;
- copy, modify, decompile or reverse engineer the service, except as permitted by law;
- resell or sublicense the service without our written permission;
- send unsolicited communications through the service's invitations or notifications.
12. Intellectual property
The service, software, design, the Trazday brand, logo and mascot are owned by Trazday or its licensors and are protected by intellectual property laws. These Terms do not grant you any rights in them other than the limited right to use the service under these Terms.
If you send us suggestions or feedback (for example, through the suggestion box), we may use them without any obligation to you.
13. Account suspension
We may suspend or limit access to an account if: (a) you breach these Terms; (b) there is a risk to the security of the service or other users; (c) a subscription payment is not received; (d) the trial ended without a plan being activated; or (e) the law requires it. Where reasonable, we will notify you first and give you an opportunity to fix the situation.
14. Termination
You may stop using Trazday at any time and delete your account from your profile.
Once your account is deleted, you'll have only 30 days to recover it. After that time, all access to your boards and other content will be lost. Any information or comments you've posted on the boards will not be deleted.
We may terminate these Terms if you commit a serious or repeated breach, or if we stop offering the service, in which case we will notify you reasonably in advance.
Sections that by their nature should survive (intellectual property, limitation of liability, indemnification and governing law) will survive termination.
15. Service availability
We work to keep Trazday available and working properly, but we do not guarantee that the service will be uninterrupted or error-free. We may perform maintenance, updates or temporary interruptions. We do not offer a guaranteed availability level unless agreed in writing.
16. Disclaimers
To the maximum extent permitted by law, the service is provided “as is” and “as available”, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
The prioritization feature reorders tasks based on the time and impact data entered by users. It is a support tool: decisions about the work remain the responsibility of each user and organization.
17. Limitation of liability
To the maximum extent permitted by law, Trazday will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or business opportunities, arising from the use of or inability to use the service.
To the maximum extent permitted by law, our total liability for any claim relating to the service is limited to the amount you paid for the service during the twelve (12) months before the event giving rise to the claim.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
18. Indemnification
You agree to indemnify Trazday against third-party claims arising from your User Content or from your use of the service in breach of these Terms or the law, to the extent permitted by applicable law.
19. Changes to the service
We may add, modify or remove features of the service. If a change significantly reduces the features of a current paid plan, we will notify you reasonably in advance.
20. Changes to these Terms
We may update these Terms. We will publish the current version on this page with its update date and, if the changes are material, notify you by email or within the service. If you continue to use Trazday after the changes take effect, you accept them.
21. Governing law and disputes
Governing law
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. To the extent applicable, U.S. federal law, including the Federal Arbitration Act, also applies. Nothing in these Terms limits the rights granted to you as a consumer under the laws of your country of residence that cannot be waived.
Informal Resolution
Before filing any claim, please email us at soporte@trazday.com. Include your name, the email address associated with your account, a description of the problem, and your proposed solution. Both parties agree to work in good faith to resolve the issue within 30 days of our receipt of your message. If we are unable to reach an agreement within that time frame, either party may initiate the process described below.
Arbitration
Disputes involving Trazday or these Terms that are not resolved informally will be resolved through individual, binding arbitration. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its current consumer rules. The venue will be Miami-Dade County, Florida, although you may request that the hearings be conducted via videoconference or on a paper-only basis. The arbitrator’s decision will be final and enforceable by any court of competent jurisdiction.
There are two exceptions. Either party may file an individual claim in small claims court, provided the requirements are met. And either party may go to court to protect their intellectual property rights.
Waiver of Class Actions
Disputes will be resolved only on an individual basis. Neither you nor Positive Communications LLC may bring claims as a plaintiff or class member in any class, consolidated, or representative action. If a court determines that this waiver is invalid for a specific claim, that claim will not go to arbitration and will be resolved in the courts specified in the Jurisdiction section.
Right to Opt Out of Arbitration
You may opt out of this arbitration agreement. To do so, email us at soporte@trazday.com within 30 days of creating your account, with the subject line “Arbitration Opt-Out.” If you opt out, disputes will be resolved in the courts specified in the Jurisdiction section.
Jurisdiction
Certain disputes will not go to arbitration: those falling under the exceptions listed above, those involving users who opt out, and cases where arbitration is not applicable. Such disputes will be resolved exclusively in the state courts of Miami-Dade County, Florida, or in the U.S. District Court for the Southern District of Florida. Both parties consent to the jurisdiction of these courts.
22. Contact
Trazday is a service of Positive Communications LLC, based in Florida, United States.
- General support and inquiries: soporte@trazday.com
- Privacy and personal data: privacidad@trazday.com
- Legal notices: legal@trazday.com
Formal legal notices must be sent by email to legal@trazday.com and in writing to:
- Positive Communications LLC
- 2 S Biscayne Boulevard, Suite 3200 #742
- Miami, FL 33131, United States
Copyright (DMCA)
We respect the intellectual property of others. If you believe content posted on Trazday infringes your copyright, send a notice to our designated agent with the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work you claim has been infringed.
- Identification of the infringing content and where to find it on Trazday, with enough detail to locate it.
- Your name, address, telephone number and email address.
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
- A statement, made under penalty of perjury, that the information is accurate and that you are the copyright owner or authorized to act on their behalf.
Designated DMCA Agent
- Legal Department
- Positive Communications LLC
- 2 S Biscayne Boulevard, Suite 3200 #742
- Miami, FL 33131, United States
- Email: dmca@trazday.com
