ComTrack Terms of Service

Last Updated: 05/21/2026

These Terms of Service (the “Terms”) govern your access to and use of ComTrack’s websites, software, applications, products, tools, data processing features, retrieval services, portals, integrations, support services, and related offerings (collectively, the “Services”).

These Terms are entered into by and between ComTrack Inc. (“ComTrack,” “we,” “us,” or “our”) and the individual or entity accessing or using the Services (“Customer,” “you,” or “your”).

By creating an account, accessing the Services, clicking “I agree,” signing an order form, or otherwise using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Services.

1. The Services

ComTrack provides software tools designed to help insurance agencies, agents, organizations, and related businesses manage commission statements, compensation data, carrier information, payroll-related calculations, agent portals, upline portals, reporting, and related workflows.

The Services may include, without limitation:

commission statement importing and processing;
commission data normalization and reporting;
carrier portal data retrieval;
agent and agency dashboards;
payroll calculation support;
deposit matching and reconciliation tools;
agent, upline, and team portals;
file uploads and data exports;
integrations with third-party systems;
customer support, onboarding, and implementation services;
additional features released by ComTrack from time to time.

ComTrack may modify, update, suspend, remove, or discontinue portions of the Services at any time, subject to any written agreement between you and ComTrack.

2. Eligibility and Authority

You may use the Services only if you are legally able to enter into these Terms and comply with all applicable laws.

If you use the Services on behalf of a company, agency, organization, or other entity, you represent and warrant that:

you have authority to bind that entity;
all information you provide is accurate and complete;
your use of the Services is for lawful business purposes;
you will ensure all authorized users comply with these Terms.

You are responsible for all activity occurring under your account and the accounts of users you invite or authorize.

3. Accounts and Authorized Users

To use the Services, you may be required to create an account and provide information such as your name, company name, email address, billing information, and other account details.

You agree to keep account information current, accurate, and complete.

You are responsible for:

maintaining the confidentiality of account credentials;
controlling access to your account;
assigning appropriate user permissions;
promptly notifying ComTrack of unauthorized access or security incidents;
ensuring users only access data they are authorized to view.

ComTrack is not responsible for losses arising from unauthorized use of your account, except to the extent caused by ComTrack’s gross negligence or willful misconduct.

4. Subscription Plans, Fees, and Billing

Some Services are provided on a paid subscription, usage-based, or custom pricing basis.

By subscribing to a paid plan or using billable Services, you authorize ComTrack and its payment processors to charge all applicable fees using the payment method you provide.

Unless otherwise stated in writing:

subscription fees are billed in advance;
usage-based fees may be billed in arrears or at regular intervals;
subscriptions automatically renew until canceled;
fees are non-refundable except where required by law or expressly agreed in writing;
you are responsible for all applicable taxes, transaction fees, payment processing fees, and overage charges.

ComTrack may charge additional fees for usage-based features, including but not limited to retrieval services, statement processing, data imports, onboarding, implementation, custom reporting, managed services, or third-party integrations.

If payment is late, declined, disputed, reversed, or otherwise not received, ComTrack may suspend or limit access to the Services, disable certain features, stop retrieval services, withhold exports or reports, or terminate your account.

ComTrack may modify pricing or plan features upon reasonable notice, unless otherwise stated in a signed written agreement.

5. Cancellation and Renewals

You may cancel your subscription according to the cancellation process made available by ComTrack.

Cancellation stops future renewals but does not automatically entitle you to a refund for fees already paid, unless required by law or expressly agreed in writing.

If you cancel, your access may continue through the end of the then-current billing period, unless ComTrack terminates or suspends access earlier under these Terms.

ComTrack may retain certain account information and Customer Data after cancellation for legal, tax, security, backup, compliance, dispute resolution, or legitimate business purposes.

6. Customer Data

“Customer Data” means data, files, records, credentials, documents, reports, statements, images, text, information, and other materials submitted, uploaded, imported, retrieved, transmitted, processed, or stored through the Services by or on behalf of you or your authorized users.

You retain ownership of Customer Data.

You grant ComTrack a limited license to host, access, process, transmit, display, reproduce, normalize, transform, analyze, and otherwise use Customer Data as necessary to:

provide the Services;
operate and maintain the platform;
troubleshoot issues;
perform onboarding or support;
process imports, exports, calculations, and retrievals;
develop, improve, and secure the Services;
comply with applicable law and legal obligations.

You represent and warrant that you have all rights, permissions, consents, and authority necessary to provide Customer Data to ComTrack and to allow ComTrack to process Customer Data as described in these Terms.

7. Data Accuracy and Customer Responsibility

The Services may process data from carrier statements, third-party portals, uploads, spreadsheets, APIs, banking records, payroll systems, CRM systems, and other sources.

You acknowledge that imported, retrieved, normalized, calculated, or displayed data may be incomplete, delayed, duplicated, inaccurate, mislabeled, incorrectly categorized, or affected by third-party formatting changes.

You are solely responsible for reviewing, validating, and approving all data before relying on it for:

commission calculations;
payroll decisions;
agent payments;
accounting entries;
tax filings;
carrier disputes;
compliance reporting;
financial decisions;
business decisions.

ComTrack does not guarantee that commission data, payroll calculations, carrier statements, deposit matches, reports, exports, or other outputs are complete, accurate, current, or error-free.

The Services are tools to assist with business workflows. They are not a substitute for professional accounting, tax, legal, compliance, payroll, or financial advice.

8. Third-Party Portal Access and Retrieval Services

ComTrack may provide features that allow you to authorize ComTrack to access third-party insurance carrier portals, agency systems, payroll systems, CRM platforms, banking platforms, file storage systems, or other external platforms or systems on your behalf (“Third-Party Systems”) to retrieve, process, normalize, display, or transmit data requested by you (“Retrieval Services”).

By using Retrieval Services, you expressly authorize ComTrack to access applicable Third-Party Systems on your behalf and at your direction.

You represent and warrant that:

you are authorized to provide ComTrack with credentials, authentication methods, tokens, MFA approvals, access instructions, or other permissions for each applicable Third-Party System;
your use of Retrieval Services does not violate any agreement, policy, law, regulation, carrier rule, employer policy, agency agreement, or other obligation applicable to you;
you have obtained all necessary rights, consents, approvals, and authorizations required for ComTrack to access and process data from Third-Party Systems on your behalf;
you will not provide credentials or access methods that you are prohibited from sharing or delegating;
you will promptly notify ComTrack if your authorization to access a Third-Party System changes or ends.

ComTrack acts solely as your authorized agent or service provider for purposes of accessing Third-Party Systems at your request and direction.

ComTrack does not own, operate, control, or guarantee any Third-Party System. ComTrack is not responsible for:

availability, uptime, accuracy, formatting, or reliability of Third-Party Systems;
portal outages, maintenance, account lockouts, MFA failures, CAPTCHA systems, rate limits, blocked access, or access restrictions;
changes to portal layouts, APIs, login requirements, data structures, security protocols, or terms;
incomplete retrievals, failed retrievals, duplicate records, delayed retrievals, incorrect imports, or missing records caused by Third-Party Systems;
actions taken by third parties in response to your use of Retrieval Services.

Retrieval Services may involve automated browser interactions, credential-based authentication, API connections, file downloads, parsing, data normalization, or other technical methods necessary to access and process data from Third-Party Systems.

ComTrack does not guarantee uninterrupted, continuous, or error-free Retrieval Services.

ComTrack may suspend, limit, modify, or discontinue Retrieval Services at any time if ComTrack reasonably believes that continued access may create legal, regulatory, security, operational, contractual, carrier relationship, or platform integrity risk.

9. Credentials and Account Security

You are responsible for maintaining the security and confidentiality of all credentials, MFA methods, API tokens, authentication devices, passwords, security questions, and other access methods used in connection with the Services.

You agree not to provide ComTrack or the Services with credentials or access methods that:

belong to another person without authorization;
you are prohibited from sharing;
violate a third-party agreement or policy;
exceed the scope of your authority;
are obtained unlawfully or improperly.

ComTrack may store, encrypt, process, transmit, or use credentials and access methods solely as needed to provide the Services, Retrieval Services, support, troubleshooting, security, and related functions.

You are responsible for promptly updating, disabling, or removing credentials that are outdated, compromised, unauthorized, or no longer valid.

10. Third-Party Services and Integrations

The Services may interoperate with third-party products, platforms, APIs, payment processors, payroll providers, banking providers, CRM systems, communication tools, cloud hosting providers, analytics tools, support tools, and other external services (“Third-Party Services”).

Your use of Third-Party Services may be governed by separate terms, policies, fees, and privacy practices of those third parties.

ComTrack is not responsible for Third-Party Services, including their availability, security, accuracy, performance, errors, data handling practices, pricing, changes, or discontinuation.

ComTrack may add, modify, suspend, or remove integrations at any time.

11. No Carrier, Government, or Third-Party Affiliation

ComTrack is an independent software platform.

Unless expressly stated in writing, ComTrack is not affiliated with, endorsed by, sponsored by, certified by, or approved by any insurance carrier, FMO, IMO, NMO, government agency, Medicare program, payroll provider, CRM provider, financial institution, or other third-party platform referenced in or compatible with the Services.

All carrier names, trademarks, logos, product names, and third-party marks are the property of their respective owners and are used solely for identification, compatibility, data processing, or descriptive purposes.

12. Protected Health Information and Sensitive Data

Unless ComTrack and Customer have entered into a separately executed Business Associate Agreement (“BAA”), you shall not upload, transmit, store, process, or otherwise provide Protected Health Information (“PHI”) through the Services in a manner that would cause ComTrack to be considered a Business Associate under HIPAA.

You are solely responsible for determining whether Customer Data includes PHI, personally identifiable information, financial information, insurance information, consumer information, or other regulated data.

You are responsible for obtaining all required rights, authorizations, notices, and consents required to collect, use, disclose, transmit, upload, or process such data through the Services.

If ComTrack and Customer execute a BAA, the BAA will control solely with respect to PHI covered by that BAA. In the event of conflict between these Terms and the BAA regarding covered PHI, the BAA will govern with respect to that PHI.

ComTrack may suspend or restrict processing of any data if ComTrack reasonably believes such processing may create legal, regulatory, privacy, security, or compliance risk.

13. Privacy and Security

ComTrack’s collection and use of personal information is described in its Privacy Policy, which is incorporated into these Terms by reference.

ComTrack uses commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data. However, no system, network, transmission, or storage method is completely secure.

You acknowledge that use of the Services involves risks inherent in internet-based services, third-party integrations, cloud hosting, credential-based access, and electronic data processing.

ComTrack does not guarantee that unauthorized access, security incidents, data loss, or service interruptions will never occur.

14. Acceptable Use

You agree not to use the Services to:

violate any law, regulation, court order, contract, carrier rule, privacy obligation, or third-party right;
access data you are not authorized to access;
provide false, misleading, fraudulent, or unauthorized information;
upload malware, viruses, malicious code, or harmful files;
interfere with, disrupt, overload, scan, probe, or compromise the Services;
reverse engineer, decompile, copy, or attempt to derive source code from the Services;
bypass usage limits, security controls, permissions, or access restrictions;
resell, sublicense, or provide access to the Services except as expressly authorized by ComTrack;
use the Services to build a competing product or service;
use automated systems to access the Services without ComTrack’s authorization;
submit data that you do not have the right to submit;
use the Services in a manner that creates legal, regulatory, security, carrier relationship, reputational, or operational risk to ComTrack.

ComTrack may investigate suspected violations and suspend or terminate access where appropriate.

15. User Permissions and Portals

The Services may allow you to invite agents, employees, contractors, uplines, downlines, team members, customers, administrators, or other users to access portals, reports, statements, data, or workflows.

You are responsible for:

determining who should receive access;
assigning correct permissions;
reviewing portal visibility settings;
ensuring users are authorized to view shared data;
removing users who should no longer have access;
confirming the accuracy and appropriateness of published statements, reports, and notifications.

ComTrack is not responsible for unauthorized access resulting from permissions, invitations, sharing settings, or portal configurations controlled by you or your authorized users.

16. Payroll, Payments, and Financial Workflows

The Services may include tools that assist with payroll calculations, commission calculations, agent balances, payable amounts, deposit matching, accounting workflows, or payment-related exports.

Unless expressly agreed in writing, ComTrack does not itself act as:

a payroll provider;
an employer of record;
a payment processor;
a money transmitter;
a bank;
an accounting firm;
a tax advisor;
a legal advisor;
a financial advisor.

You are solely responsible for verifying all payroll, commission, tax, accounting, and payment information before taking action.

You are responsible for complying with all wage, tax, employment, contractor, insurance, accounting, reporting, payment, and licensing obligations applicable to your business.

17. Intellectual Property

ComTrack and its licensors own all rights, title, and interest in and to the Services, including software, source code, object code, workflows, user interfaces, designs, templates, databases, algorithms, models, processes, documentation, trademarks, trade names, logos, and other intellectual property.

Except for the limited right to use the Services under these Terms, no rights are granted to you by implication, waiver, estoppel, or otherwise.

You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or create derivative works based on the Services except as expressly permitted by law or authorized in writing by ComTrack.

18. License to Use the Services

Subject to your compliance with these Terms and payment of applicable fees, ComTrack grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes during the applicable subscription term.

This license does not include any right to:

resell the Services;
provide the Services to third parties as a service bureau;
copy or reproduce the Services;
modify or create derivative works;
access source code;
bypass technical restrictions;
use the Services for competitive analysis or benchmarking without written consent.

19. Feedback

If you provide feedback, ideas, suggestions, feature requests, comments, or recommendations regarding the Services (“Feedback”), you grant ComTrack a perpetual, irrevocable, worldwide, royalty-free license to use, copy, modify, commercialize, incorporate, distribute, and otherwise exploit such Feedback without restriction or compensation to you.

ComTrack is not obligated to use Feedback or keep Feedback confidential.

20. Confidentiality

Either party may disclose non-public business, technical, financial, product, security, or operational information to the other party in connection with the Services (“Confidential Information”).

The receiving party agrees to use Confidential Information only for purposes related to these Terms and to protect it using reasonable care.

Confidential Information does not include information that:

is publicly available without breach;
was already known without restriction;
is independently developed without use of Confidential Information;
is lawfully received from a third party without confidentiality obligations.

The receiving party may disclose Confidential Information where required by law, subpoena, court order, or governmental request, provided it gives notice where legally permitted.

21. Support, Onboarding, and Managed Services

ComTrack may provide support, onboarding, implementation, managed services, configuration assistance, import assistance, retrieval assistance, or other professional services.

Unless expressly stated in writing, ComTrack does not guarantee any particular onboarding timeline, implementation result, import result, retrieval success rate, configuration outcome, or support response time.

You are responsible for providing timely, accurate, and complete information needed for ComTrack to perform support, onboarding, and managed services.

ComTrack may charge additional fees for support, onboarding, implementation, custom configuration, managed services, or professional services.

22. Beta Features

ComTrack may offer beta, experimental, pilot, preview, early access, or trial features (“Beta Features”).

Beta Features are provided “as is,” may be modified or discontinued at any time, and may be less reliable than generally available features.

ComTrack makes no warranties regarding Beta Features and is not liable for losses arising from Beta Features to the maximum extent permitted by law.

23. Service Availability and Maintenance

ComTrack aims to provide reliable Services, but does not guarantee uninterrupted or error-free access.

The Services may be unavailable due to maintenance, updates, outages, third-party failures, security incidents, internet disruptions, carrier portal changes, cloud provider issues, or events outside ComTrack’s control.

ComTrack is not liable for delays, interruptions, degraded performance, or unavailability of the Services except as expressly stated in a separate written service-level agreement, if any.

24. Suspension and Termination

ComTrack may suspend, restrict, or terminate your access to the Services immediately if:

you violate these Terms;
fees are unpaid, disputed, reversed, or past due;
your use creates legal, security, compliance, regulatory, operational, carrier relationship, or platform integrity risk;
your account is suspected of fraud, misuse, unauthorized access, or unlawful activity;
required by law, court order, governmental authority, carrier request, or third-party provider;
continued access may harm ComTrack, the Services, other customers, or third parties.

You may stop using the Services at any time, subject to your payment obligations and any applicable subscription term.

Upon termination:

your right to access and use the Services ends;
ComTrack may disable account access;
unpaid fees become immediately due;
ComTrack may retain or delete Customer Data according to its data retention practices, legal obligations, backup schedules, and legitimate business needs.

Sections intended to survive termination will survive, including payment obligations, intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, arbitration, and governing law.

25. Data Export and Retention

During an active subscription, ComTrack may make certain export tools available to you.

You are responsible for exporting Customer Data before cancellation or termination.

ComTrack is not obligated to retain Customer Data indefinitely.

After termination or cancellation, ComTrack may delete, archive, anonymize, or retain Customer Data according to its ordinary business practices, backup schedules, legal obligations, dispute resolution needs, security requirements, and compliance obligations.

26. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMTRACK DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF:

MERCHANTABILITY;
FITNESS FOR A PARTICULAR PURPOSE;
TITLE;
NON-INFRINGEMENT;
ACCURACY;
COMPLETENESS;
AVAILABILITY;
SECURITY;
ERROR-FREE OPERATION;
UNINTERRUPTED ACCESS.

ComTrack does not warrant that:

the Services will meet your requirements;
data will be accurate, complete, current, or error-free;
third-party systems will remain available;
retrieval services will always succeed;
defects will be corrected;
the Services will be free from viruses, vulnerabilities, or harmful components.

You use the Services at your own risk.

27. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMTRACK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SERVICE PROVIDERS, AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR LOSS-RELATED DAMAGES, INCLUDING DAMAGES FOR:

lost profits;
lost commissions;
lost revenue;
lost business opportunities;
loss of goodwill;
loss of data;
inaccurate data;
duplicate data;
missing data;
payroll errors;
commission errors;
business interruption;
system downtime;
cost of substitute services;
third-party system failures;
carrier portal changes;
unauthorized access;
security incidents;
payment or billing disputes.

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, statute, or any other legal theory, even if ComTrack has been advised of the possibility of such damages.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMTRACK’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

the amounts paid by you to ComTrack for the Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
one hundred U.S. dollars ($100).

The limitations in this section are a fundamental basis of the bargain between you and ComTrack.

28. Indemnification

You agree to defend, indemnify, and hold harmless ComTrack and its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

your use of the Services;
your Customer Data;
your violation of these Terms;
your violation of applicable law;
your violation of third-party rights;
your use of Retrieval Services;
credentials, access methods, or authorizations you provide;
your use of Third-Party Systems or Third-Party Services;
your payroll, commission, tax, accounting, or payment decisions;
disputes between you and your users, agents, employees, contractors, carriers, customers, vendors, or third parties.

ComTrack reserves the right to control the defense of any matter subject to indemnification, and you agree to cooperate with ComTrack’s defense.

29. Force Majeure

ComTrack will not be liable for any delay, failure, interruption, loss, or damage caused by events outside its reasonable control, including:

acts of God;
natural disasters;
war;
terrorism;
riots;
labor disputes;
governmental actions;
changes in law;
internet failures;
carrier portal changes;
third-party service failures;
cloud provider outages;
power failures;
cybersecurity incidents;
denial-of-service attacks;
pandemics;
supply chain disruptions;
payment network failures;
other events beyond ComTrack’s reasonable control.

30. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

To the maximum extent permitted by law, you and ComTrack agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, billing, data, or relationship with ComTrack will be resolved by binding arbitration rather than in court, except that either party may bring claims in small claims court if eligible or seek injunctive relief for intellectual property misuse, unauthorized access, or confidentiality breaches.

The arbitration will be conducted on an individual basis. You and ComTrack waive the right to participate in a class action, class arbitration, collective action, representative action, or consolidated proceeding.

You and ComTrack each waive the right to a jury trial.

The arbitration will be administered by the American Arbitration Association under its applicable rules, unless the parties agree otherwise.

The arbitrator will have authority to award the same individual relief that a court could award, subject to the limitations and exclusions in these Terms.

If this arbitration agreement or class action waiver is found unenforceable in whole or part, the unenforceable portion will be severed, and the remaining provisions will remain in effect to the fullest extent permitted by law.

31. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, unless otherwise required by applicable law.

Subject to the arbitration agreement above, any legal action or proceeding not subject to arbitration shall be brought in the state or federal courts located in Delaware, and each party consents to personal jurisdiction and venue in those courts.

32. Changes to These Terms

ComTrack may update these Terms from time to time.

When ComTrack makes material changes, it may provide notice by posting the updated Terms, sending an email, displaying an in-app notice, or using another reasonable method.

Updated Terms become effective when posted or as otherwise stated in the notice.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

If you do not agree to updated Terms, you must stop using the Services.

33. Notices

ComTrack may provide notices by email, in-app message, website posting, account notification, or other reasonable method.

You are responsible for keeping your contact information current.

Legal notices to ComTrack should be sent to:

ComTrack Inc.

2200 Aureum Dr, Suite 25319

Franklin, TN 37067

legal@comtrack.io

34. Assignment

You may not assign or transfer these Terms, your account, or your rights under these Terms without ComTrack’s prior written consent.

ComTrack may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, financing, change of control, or by operation of law.

35. Export Compliance and Sanctions

You agree not to use, export, re-export, or transfer the Services in violation of applicable export control, sanctions, or trade laws.

You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not listed on any restricted party list.

36. Government Use

If the Services are used by or on behalf of a government entity, the Services are commercial computer software and commercial computer software documentation, provided with only those rights granted to other customers under these Terms.

37. Miscellaneous

These Terms, together with any order form, BAA, privacy policy, data processing agreement, or written agreement expressly incorporated by reference, constitute the entire agreement between you and ComTrack regarding the Services.

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

ComTrack’s failure to enforce any provision is not a waiver of its right to do so later.

Headings are for convenience only and do not affect interpretation.

There are no third-party beneficiaries to these Terms unless expressly stated.

38. Contact

Questions about these Terms may be sent to: