Terms and Conditions

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and GMPKit, LLC. ("Company", "we", "us", or "our"), concerning your access to and use of the https://www.batchtrak.com and/or www.gmpkit.com websites as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal and/or corporate (i.e., employee of a company with a BatchTrak™ subscription/license), non-commercial use.

User Registration

Access to this system may require the creation of a user account. Users are responsible for maintaining the confidentiality of their login credentials and ensuring that access is limited to authorized individuals only. All activity performed under a user's credentials will be attributed to the assigned user and must comply with applicable company policies and standards.

The Company reserves the right, in its sole discretion, to revoke, reassign, or modify any username or account access if deemed necessary for security, operational integrity, or compliance with corporate policies.

Fees and Payment

You will be required to purchase or pay a fee to access our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.

If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

Payment Failure and Instance Termination Policy

Upon the first failed payment attempt, access to your Instance and its contents will be suspended. During this suspension period, GMPKit will make multiple payment collection attempts using the designated payment method on file. These attempts will occur over a 7-day grace period, during which you will receive email notifications at the email address associated with your account regarding the failed payment attempts.

If no successful payment is received by the end of the 7-day period, your BatchTrak™ Instance will be permanently terminated. Termination will result in irreversible loss of all data and content, including any live API endpoints associated with your Instance.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

If you are unsatisfied with our services, please email us at support@gmpkit.com.

Exit Plan

If GMPKit, LLC is no longer solvent/operating during the term of any active paid subscription, it will grant a perpetual license to the owner of each active subscription. This license will be free of charge and remove any support and hosting obligations.

Additional instructions will be provided as to how to set up BatchTrak™ in each customer's own cloud environment and migrate their data. This does not apply to any customers who have custom terms set forth in their enterprise agreements.

Acquisition Clause

In the event that GMPKit, LLC is acquired by another company during the term of any active paid subscription, we commit to ensuring that the software will not be modified in any way that restricts or limits the functionality of the product as it existed at the time of acquisition. We will maintain the same level of service and feature availability for the duration of the active subscription term.

Acceptable Use Policy

You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree to not conduct the following prohibited activities:

• Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Use the Site as part of any effort to compete with us or otherwise use the Site for any revenue-generating endeavor
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Site
• Upload or transmit viruses, Trojan horses, or other harmful material
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Violate any privacy laws, including the GDPR or equivalent local regulations

Term and Termination

These Terms of Use shall remain in full force and effect while you access or use the Site.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY INDIVIDUAL OR ENTITY FOR ANY REASON OR NO REASON.

If your account is terminated or suspended for any reason, you are strictly prohibited from creating a new account—whether under your own name, a fictitious name, a borrowed identity, or on behalf of any third party.

Governing Law

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.

Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. Except where otherwise required by AAA rules or applicable law, the arbitration shall take place in the State of Washington, United States.

Disclaimer

Limitations of Liability

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: