Terms of Service.
- Your agency owns its data. We use it only to run TrackRecord for you.
- Don’t enter Social Security, payment card, bank or health information.
- Month-to-month. Cancel any time and export your data.
- TrackRecord is independent and is not affiliated with State Farm or any carrier.
- Who we are and what this covers
- Accounts and agencies
- Acceptable use
- Your data
- AI Coach
- Fees, billing and cancellation
- Our property
- No affiliation with carriers
- Availability and changes
- Disclaimer
- Limit of liability
- Ending these Terms
- Governing law and disputes
- Changes to these Terms
- Contact
Who we are and what this covers
TrackRecord (“TrackRecord,” “we,” “us”) is a performance-tracking service for insurance agencies, operated by Drew Cunningham in Owensboro, Kentucky. These Terms of Service (“Terms”) apply when you visit trackrecordagents.com or use the TrackRecord app, scoreboard, demo or related services (together, the “Service”).
By creating an account, using a login we or your agency gave you, or otherwise using the Service, you agree to these Terms. If you are using the Service for an agency, you confirm you have authority to accept them for that agency. If you don’t agree, don’t use the Service.
Accounts and agencies
An “Agency” is the business that signs up. Each Agency has one or more “Managers” and may add team members (“Users”). The Agency is our customer and is responsible for everything done under its logins.
- Give us accurate information and keep your login details private. Don’t share a login between people.
- Managers decide who gets a login, which role they have and what they can see. You are responsible for removing logins when someone leaves your team.
- Tell us right away if you think a login has been misused: dcunningham1068@gmail.com.
- You must be at least 18 to use the Service.
Acceptable use
Use the Service only for lawful business purposes. Don’t:
- try to access another agency’s data, or probe, scan or test the Service’s security without our written permission;
- reverse engineer, copy, resell or sublicense the Service;
- upload malicious code, or overload or interfere with the Service;
- enter data you don’t have the right to use, or use the Service to harass, discriminate against or unlawfully monitor anyone;
- use the Service in a way that violates the rules that apply to you, including your carrier, franchise or employer agreements.
We may suspend access that we reasonably believe breaks these rules or puts the Service or other customers at risk. Where we can, we will tell you first.
Your data
Your Agency owns the data it puts into TrackRecord, such as sales entries, activity counts, goals, team rosters and commission settings (“Agency Data”). You give us permission to store, process and display Agency Data only as needed to run and support the Service for you, and as described in our Privacy Policy.
- Customer information. TrackRecord is built to track production and activity, not to store policyholder records. Don’t enter Social Security numbers, payment card or bank numbers, driver’s license numbers, medical information or full policy details. Names and basic sale details are your responsibility, and you must follow the privacy and data rules that apply to your business.
- Exports. Ask us and we will give you a copy of your Agency Data in a common format (normally within 14 days).
- Backups. We take reasonable steps to protect your data, but you should keep your own copies of anything you can’t afford to lose.
AI Coach
Some features, such as the AI Coach, use a third-party AI provider to generate suggestions. Content you send to the AI Coach (for example, performance numbers or questions you type) is passed to that provider to produce a reply. AI output can be wrong or incomplete. It is general coaching information, not legal, financial, tax, HR or compliance advice, and you are responsible for how you use it.
Fees, billing and cancellation
Plans, prices and any setup fee are shown on our Pricing page or in the written quote we send you. At the time of writing, TrackRecord is a monthly subscription with a one-time setup fee.
- Subscriptions renew monthly until cancelled. You can cancel any time by emailing dcunningham1068@gmail.com; cancellation takes effect at the end of the month already paid for.
- Fees are non-refundable except where the law requires otherwise, or where we agree in writing. Setup fees cover work already done for your Agency.
- We will give you at least 30 days’ notice before a price change applies to you.
- If a payment fails and isn’t fixed after we contact you, we may suspend access. We will not delete your Agency Data for at least 30 days after suspension or cancellation, so you can export it.
- Taxes, if any apply, are your responsibility.
If we move to automated card billing through a payment processor, the processor’s terms will also apply to payments, and we will update this page.
Our property
We own the Service, including the software, design, branding, text and graphics, and all related rights. We give you a limited, non-exclusive, non-transferable right to use the Service for your Agency’s internal business while these Terms apply. Feedback you give us may be used to improve the Service without obligation to you.
No affiliation with carriers
TrackRecord is an independent product. It is not made, endorsed, sponsored or approved by State Farm® or any other insurance company. Company and product names are used only to describe how agencies work and belong to their owners. Your agreements with your carrier come first, and it is your responsibility to make sure your use of TrackRecord is allowed under them.
Availability and changes
We work to keep the Service available and accurate, but we don’t promise it will always be uninterrupted or error-free. We may add, change or remove features. If we make a change that materially reduces what you’re paying for, we will let you know in advance. Scoreboard and dashboard figures are calculated from the data entered, so check important numbers (especially anything tied to pay or commission) before relying on them.
Disclaimer
The Service is provided “as is” and “as available.” To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement.
Limit of liability
To the fullest extent the law allows, TrackRecord will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill. Our total liability for any claim relating to the Service is limited to the fees you paid us in the 12 months before the claim arose. Some places don’t allow these limits, so they may apply to you only in part. Nothing in these Terms limits liability that cannot be limited by law.
Ending these Terms
You may stop using the Service and cancel at any time. We may suspend or end your access if you break these Terms, don’t pay, or if we stop offering the Service (in which case we will give reasonable notice and a chance to export your data). Sections that by their nature should survive, such as ownership, disclaimers, liability limits and governing law, will survive.
Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict-of-law rules. Before filing a claim, please contact us at dcunningham1068@gmail.com and give us 30 days to try to resolve it. Any claim not resolved that way will be brought in the state or federal courts located in or serving Daviess County, Kentucky, and you agree to their jurisdiction.
Changes to these Terms
We may update these Terms from time to time. We will post the new version here with a new date, and for material changes we will email your Agency’s manager or show a notice in the app. Continuing to use the Service after a change takes effect means you accept it.
Contact
Questions about these Terms? Email dcunningham1068@gmail.com.