Terms of Service

Trakta – Landscape Management Platform
Last Updated: March 12, 2026

Welcome to Trakta. These Terms of Service (“Terms”) govern your access to and use of the Trakta platform, including the web application and mobile field application (collectively, the “Service”), operated by MPOWER7 LLC, a Delaware limited liability company, doing business as Trakta (“Provider,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility and Accounts

1.1 Authorized Access. The Service is available only to individuals who have been authorized by their employer or organization (“Customer”) under a valid Master Services Agreement with Provider. You must be at least 18 years of age to use the Service.

1.2 Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Provider immediately of any unauthorized use of your account.

1.3 Accurate Information. You agree to provide accurate, current, and complete information when using the Service and to update such information as necessary.

2. Use of the Service

2.1 Permitted Use. You may use the Service solely for your employer’s legitimate internal business purposes in accordance with these Terms, the EULA, and the applicable Master Services Agreement.

2.2 Acceptable Use Policy. You agree not to use the Service to:

• (a) Violate any applicable local, state, national, or international law or regulation;
• (b) Transmit any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• (c) Upload or transmit viruses, worms, malware, or any other harmful or destructive code;
• (d) Attempt to interfere with, disrupt, or overload the Service, its servers, or connected networks;
• (e) Attempt to gain unauthorized access to any part of the Service, other users’ accounts, or any systems or networks connected to the Service;
• (f) Use the Service to manage or support operations of any third party;
• (g) Collect or harvest personal information of other users;
• (h) Use automated systems, bots, or scrapers to access the Service; or
• (i) Use the Service in any manner that could damage, disable, or impair the Service.

3. Service Availability and Modifications

3.1 Availability. We strive to maintain the Service’s availability but do not guarantee uninterrupted, error-free, or secure access. The Service may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

3.2 Modifications. We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Service.

3.3 Beta Status. The Service is currently in a beta stage. You acknowledge that beta features may be incomplete, contain errors, or change significantly before any commercial release.

4. Data and Content

4.1 Your Content. You retain ownership of any data and content you submit to the Service (“Your Content”). By submitting Your Content, you grant Provider a limited license to use, process, store, and display Your Content solely to provide and improve the Service.

4.2 Data Collection. The Service, including the mobile field application, collects data necessary for its operation, including location data (GPS), photographs, time records, job site information, and usage analytics. Your use of the Service constitutes consent to such data collection as further described in our Privacy Policy.

4.3 Data Storage and Security. Your data is stored on United States-based cloud infrastructure (Amazon Web Services). We implement commercially reasonable security measures but cannot guarantee absolute security.

4.4 Data Use. We may use aggregated and anonymized data derived from the Service for analytics, product improvement, and reporting purposes. We do not sell your personal data to third parties.

4.5 Data Export. You may export certain data in CSV format through the Service’s built-in export functionality. Upon termination, you will have ten (10) business days to export your data before access is revoked.

5. Intellectual Property

5.1 Ownership. The Service and all related technology, including software, algorithms, designs, user interfaces, documentation, and all intellectual property rights therein, are and shall remain the exclusive property of Provider.

5.2 Restrictions. You may not copy, modify, distribute, sell, or lease any part of the Service, nor may you reverse engineer or attempt to extract the source code of the Service.

5.3 Trademarks. Trakta, mPower 7, and related logos and marks are trademarks of Provider. You may not use these marks without prior written permission.

6. Third-Party Services

6.1 The Service may integrate with or contain links to third-party services (e.g., QuickBooks, mapping services). Your use of third-party services is subject to their own terms and privacy policies. Provider is not responsible for third-party services.

7. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE. PROVIDER’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOUR EMPLOYER TO PROVIDER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless Provider and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

10. Termination

10.1 We may suspend or terminate your access to the Service at any time, for any reason, with or without notice.

10.2 Your access will automatically terminate if the Master Services Agreement between your employer and Provider is terminated.

10.3 Upon termination, your right to use the Service ceases immediately. Sections 5, 7, 8, 9, and 11 survive termination.

11. General Provisions

11.1 Governing Law. These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

11.2 Dispute Resolution. Any disputes arising under these Terms shall be resolved through binding arbitration in the State of Delaware in accordance with the rules of the American Arbitration Association.

11.3 Entire Agreement. These Terms, together with the EULA, Privacy Policy, and applicable Master Services Agreement, constitute the entire agreement between you and Provider regarding the Service.

11.4 Changes to Terms. We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on the Service with a revised “Last Updated” date. Your continued use after such changes constitutes acceptance of the updated Terms.

11.5 Severability. If any provision is held unenforceable, the remaining provisions continue in full force.

11.6 Waiver. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

11.7 Contact. Questions about these Terms should be directed to: MPOWER7 LLC, 254 Chapman Rd, Ste 208 #17609, Newark, DE 19702.

By using the Trakta platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.