(Last updated May 13, 2026)

This Terms of Service (the “TOS“) govern Your access and use of the online and mobile platform, tools, and all related documentation (the “Application”) created by Tractics, Inc. (“Tractics” or “Company” or “Our” or “We”) and the entity that has purchased or subscribed to the software services (the “Sponsor”). By using the Application, the Sponsor and its authorized users (the “Authorized User” or “You”) agree to be bound by the terms of this TOS. This TOS is a legally binding contract between You and Tractics. As part of this TOS, You agree to comply with the most recent version of our Acceptable Use Policy (the “AUP”), which is incorporated by reference into this TOS. If you access or use the Application or continue accessing or using the Application after being notified of a change to the TOS or the AUP, you confirm that you have read, understand, and agree to be abound by the TOS and the AUP.

BY CLICKING THE “AGREE” BUTTON OR DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TOS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER/OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THE TOS AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE APPLICATION.

1. Sponsor. This Application is a construction management system that can be used by General Contractors, Sub-Contractors, Suppliers, owners of the site, and other constituents who have an interest in the particular construction project. The Application tracks and reports on inputs such as time, materials, personnel, hours, driving behaviors, and others, as well as progress toward completion, extent of asset utilization, and many other data streams. Your use of this Application is authorized and requested by Your Sponsor (Your Sponsor may be Your employer, or Your customer (if you are a supplier)), or the contract You entered to become a sub-contractor on a construction project. In this TOS, “Sponsor” means the party that has obtained authority either from the Construction Project Manager (often, the General Contractor), or some other party that has agreed to participate in the construction project, or ongoing series of construction projects, in which this Application will serve as the Construction Management Platform software. The Sponsor, or a party with whom Your Sponsor has entered into an agreement, has certain responsibilities that are explained below in this TOS. The Sponsor is responsible for (a) informing You and any Authorized Users of any relevant Sponsor policies and practices, and any settings that may impact the processing of Customer Data, as defined herein; (b) setting the types of information that is required for Authorized Users to enter and participate in the Application as Authorized Users; (c) the determination of who is an Authorized User and assurance that users who are on the Application by virtue of Sponsor’s approval are trained to use the Application appropriately, including compliance with the password and other security requirements; (d) obtaining any rights, permissions, or consents from Authorized Users that are necessary for the lawful use of Customer Data and the operation of the Application; (e) ensuring that the transfer, processing, and use of Customer Data is lawful; and (f) responding to and resolving any dispute with any Authorized Users relating to or based on Customer Data, the Application, or Sponsor’s failure to fulfill these obligations.

2. Company. For purposes of this TOS, Company is Tractics Inc., the creators and licensors of the Application to your Sponsor. The Company provides and licenses the Application and provides certain Services to maintain the software and the knowledge of the parties that are utilizing the software. The Company is responsible for the integrity of the security systems that protect the software and certain information that is further described below.

3. Authorized User. By using the Application, You and any Authorized Users acknowledge and agree that content or information submitted to the Application, such as messages, files, and photos (the “Customer Data”), is owned by the Sponsor. The agreement signed by the Sponsor and Tractics provides the Sponsor with many choices and control over the Customer Data. For example, the Sponsor controls access and permissions, enabling or disabling of third-party integrations, data retention and export, and more. All Authorized Users must comply with Tractics’ Acceptable Use Policy and any applicable policies established by the Sponsor. If You see inappropriate behavior or content, please report it to Your Sponsor or Tractics. This TOS remains effective until Sponsor’s license expires or is terminated, or Your access to the Application has been terminated by the Sponsor or Tractics. Contact the Sponsor at any time or for any reason You wish to terminate Your account, including due to a disagreement with any updates to this TOS or the AUP.

4. Usage Rights. Access, downloading, and use of the Application is offered by your Sponsor for a particular construction project, series of construction projects, or all the Sponsor’s construction projects. Your Sponsor has authorized You to access, download, and use this Application. Subject to the terms of this Agreement, Tractics grants Authorized Users the right to:

(a) download, install, and use the Application for use online and/or on a single mobile device owned or otherwise controlled by You (“Mobile Device“) strictly in accordance with the Application’s documentation and Your Sponsor’s instructions.

(b) access, stream, download, and use online and/or on such Mobile Device the Content and Services (as defined in Section 6) made available in or otherwise accessible through the Application, strictly in accordance with this TOS and the AUP applicable to such Content and Services as set forth in Section 6.

You acknowledge and agree that the Application is provided under usage rights. You do not acquire any ownership interest in the Application under this TOS, or any other rights thereto other than to use the Application in accordance with the usage rights, and subject to all terms, conditions, and restrictions, under this TOS. Tractics shall retain the entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to You in this TOS.

5. Collection, Use, and Protection of Your Information.

(a) Definitions.

(i) “Personally Identifiable Information” (“PII”) means data that is identified with You in the Company’s system, as defined by the NIST Special Publication 800-122.

(ii) “Anonymized Data” means data that has never been or is no longer identified with You in the Company’s system.

(b) Collection of Information. You acknowledge that when You download, install, or use the Application, your Sponsor has set the parameters for PII that Company collects. Company may use automatic means (including, for example, cookies and web beacons) to collect information about Your Mobile Device and about Your use of the Application, including Anonymized Data. You also may be required to provide certain information about yourself, including PII and Anonymized Data, as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application provides You with opportunities to share information about yourself with others. The Sponsor determines, in its sole discretion, the PII you provide the Application and how such PII is used. All information We collect through or in connection with this Application is subject to Our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, You consent to all actions taken by Tractics with respect to Your information in compliance with the Privacy Policy.

(c) Use of Information. The Company determines, in its sole discretion, the uses of the Anonymized Data it collects from Your download, installation, and use of the Application.

(d) Protection of Information.

(i) The Sponsor’s Protection of Information. The Sponsor will use reasonable effort to manage the Application’s security. Reasonable effort includes, but is not limited to, instructing the Authorized Users to maintain reasonably secure passwords and prohibiting the Authorized Users from sharing access to the Application with unauthorized users (“Sponsor Security Directives”).

(ii) The Authorized User’s Protection of Information. The Authorized User shall adhere to the Sponsor Security Directives.

(iii) The Company’s Protection of Information. The Company shall secure the Application and the PII located therein from any systemic security breaches. A systematic breach is a flaw in the security system that protects PII that is NOT caused by the authorization of a malicious user, password mismanagement, or disclosure of a password by a user or Sponsor. Despite the previous sentence, the Company is not obligated to secure the Application and the PII located therein from breaches caused by the Sponsor’s password mismanagement, the Authorized User’s password mismanagement, the Sponsor’s failure to issue the Sponsor Security Directives, the Authorized User’s failure to adhere to the Sponsor Security Directives, and unauthorized use of the Application.

6. Content and Services. The Application may provide Authorized Users with access to Company’s website located at https://[SPONSOR’S COMPANY CODE].app.tractics.io/ (the “Website“) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Content and Services“). In addition, the Application relays information to a Sponsor-accessible dashboard and analytical environment (collectively, the “Sponsor Environment”) where the data provided by Authorized Users through the Application can viewed, reviewed, analyzed, and used to manage the project and its resources. Your access to and use of such Content and Services are governed by Website’s Acceptable Use Policy and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services may require You to acknowledge Your acceptance of such Terms of Use and Privacy Policy and/or to register with the Website, and Your failure to do so may restrict You from accessing or using certain of the Application’s features and functionality. Any violation of such Terms of Use will also be deemed a violation of this TOS.

7. Geographic Restrictions. The Application, and Content and Services, are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that You may not be able to access all or some of the Application, and Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. The Application is not intended for use outside of the United States, and if you access the Content and Services from outside the United States, you are responsible for compliance with local laws.

8. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any specific features or functionality. Based on your Mobile Device settings when your Mobile Device is connected to the internet either:

(a) the Application will automatically download and install all available Updates; or

(b) you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this TOS.

9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to You or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at Your own risk and subject to such third parties’ terms and conditions.

10. Modifications. From time-to-time, at Our sole discretion, We may change these TOS or the AUP. If We make material change to the TOS or AUP, We will provide reasonable notice prior to the change taking effect by emailing the address associated with your account or messaging you through the Application. If you use the Application after the effective date of any changes, as indicated in the notice, that use constitutes Your acceptance of the revised terms and conditions. You can find the most current versions on the pages for the TOS, the AUP, and the Privacy Policy.

11. Term and Termination.

(a) The term of TOS commences when you download and install, and/or access the Application upon acknowledgement of Your acceptance and will continue in effect until terminated by You or Company as set forth in this Section 11.

(b) You may terminate this TOS by deleting the Application and all copies thereof from Your Mobile Device, or notifying Your Sponsor to terminate Your account.

(c) Company may terminate this TOS at any time without notice if it ceases to support the Application, which Company may do in its sole discretion or upon termination of the agreement between Company and Your Sponsor. In addition, this TOS will terminate immediately and automatically without any notice if You violate any of the terms and conditions of this TOS.

(d) Upon termination:

(i) all rights granted to you under this TOS will terminate; and

(ii) You must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.

(e) Termination will not limit any of Company’s rights or remedies at law or in equity.

12. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO YOU AND ANY AUTHORIZED USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:

(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. Disclaimers.

(a) Use While Driving. For Your safety and the safety of others, You should not use the Application while operating a motor vehicle. The use of the Application while driving or in any other situation where Your attention is required can result in distraction and lead to serious accidents, injuries, or fatalities. Tractics disclaims all liability for any damages or harm resulting from the use of the Application in such circumstances. Always prioritize safe driving and comply with all local traffic laws.

(b) Dash Cameras. For Authorized Users with access to or who use dash cameras (the “Dash Cam”) is being provided by Tractics under a license agreement with the licensor of the Dash Cam (the “Dash Cam Licensor”). Dash Cam Licensor and Tractics are providing the Dash Cam services based upon the following conditions: the Tractics Application is only meant to aid and augment the driver’s (“Authorized User Drivers”) own skill and attention when driving on the road. The Dash Cam’s primary function is to alert the Authorized User Drivers to certain driving events and behaviors, including but not limited to possible forward collision, lane departure and drift, post speed limit violations, stop sign violations, hard braking, excessive acceleration, excessive cornering and driver distraction. The Dash Cams and Application do not replace a Authorized User Driver’s obligation to be attentive to the surrounding environmental and traffic conditions or to drive in a legal and responsible manner without any distraction of any sort. Authorized User Drivers should not rely on the Dash Cam or Application warnings as a substitute for their own judgment and attention.

(i) Certain features of Dash Cam or Application may not work in situations such as: (a) where visibility is challenging due to prevailing weather and lighting conditions; (b) lanes not being clearly marked or visible; (c) faces fully or partially covered by occlusions such as hats, sunglasses etc.; (d) when the vehicle is following a vehicle other than cars/buses/trucks; (e) when the camera’s field of view is occluded by anything; (f) degradation of Wi-Fi connection between camera and mobile device; and/or (g) changes in camera orientation post-installation.

(ii) Certain features of Dash Cam enable in-cab audio recording for Authorized Users and Authorized User Drivers, however such enabling of audio recording is at the sole discretion of Customer, Authorized Users, and Authorized User Drivers. Tractics and Dash Cam Licensor will not be held liable to such Authorized Users, Authorized User Drivers, Customer, or other third-parties for breach of any applicable laws arising from enabling such audio recording.

(c) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE AGREEMENT, UNDER NO CIRCUMSTANCES WILL TRACTICS OR THE DASH CAM LICENSOR BE RESPONSIBLE FOR ANY KIND OF DAMAGES OR LIABILITIES THAT ARISE ON ACCOUNT OF AUTHROIZED USER’S, AUTHROIZED USER DRIVER’S, OR CUSTOMERS UTILIZATION OF DASH CAMS OR THE TRACTICS APPLICATION.

15. Indemnification. You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your misuse of the Application or Your breach of this TOS, including but not limited to the content You submit or make available through this Application.

16. Application of Consumer Law. The Application is intended for use by businesses and not for consumer purposes. To the maximum extent permitted by law, You acknowledge and agree that consumer laws do not apply. If, however, any consumer laws do apply and cannot otherwise be lawfully excluded, noting in this TOS will restrict, exclude, or modify any statutory warranties, guarantees, rights, or remedies You have, and Tractics liability is limited (at our option) to the replacement, repair, or resupply of the Application.

17. Export Regulation. The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.

18. Severability. If any provision of this TOS, including the AUP, is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this TOS will continue in full force and effect.

19. Assignment. You may not assign any of Your rights or delegate your obligations under these TOS, including the AUP, whether by operation of law or otherwise, without the prior written consent of Tractics. Tractics may assign these TOS in their entirety, without Your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

20. Governing Law. This TOS is governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this TOS or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri in each case located in Kansas City and Jackson County, MO. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

21. Entire Agreement. This TOS, the AUP, and Our Privacy Policy constitute the entire agreement between You and Tractics with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.

22. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder, including the AUP, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this TOS and any applicable purchase or other terms, the terms of this TOS shall govern; provided, however, that if there is a conflict or inconsistency between the agreement with the Sponsor and these TOS, the terms of the agreement between the Sponsor and Tractics will first prevail.

As a user of the Tractics Construction Management Software, I have read and hereby accept and agree to abide by the terms set forth in this License. I understand that certain Personally Identifiable Information which is information that is would permit me to be individually identified (“PII”) has been required by my Sponsor (the party who has authorized or required me to use the Tractics Construction Management Software), and that I am responsible for following all directives and requirements with regard to the management of my account, my password, and my use of the Tractics Construction Management Software.