TrakORC

TrakORC Terms of Use

Effective date: September 8, 2026  •  Last updated: September 8, 2026

Please read this first

These Terms of Use ("Terms") are a binding agreement between you and Daryl D. Jones, Inc., a California corporation with offices at 1160 Industrial Rd., Suite 15, San Carlos, CA 94070 ("TrakORC," "we," "us," or "our"), which owns and operates the TrakORC organized‑retail‑crime bulletin service (the "Services"). By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

A few things to know up front — each is explained in full below:

Where a section begins with an italic plain‑language summary, that summary is for convenience only; the numbered text that follows it controls.

1. Who these Terms cover and acceptance

In short: these Terms apply to you and, if you're using TrakORC for your organization, to your organization.

1.1 These Terms apply to your use of the Services. If you create or use an account on behalf of a retailer, security organization, or other organization (your "Organization"), you agree to these Terms for that Organization and represent that you are authorized to bind it, and "you" and "your" refer to both you and your Organization.

1.2 If your Organization has signed a separate written agreement with us covering the Services, that agreement governs to the extent it conflicts with these Terms.

1.3 You must review and accept these Terms to be eligible to hold an account.

2. Eligibility and authorized users

In short: TrakORC is invitation‑based and limited to vetted loss prevention and security personnel.

2.1 Authorized users only. Accounts are issued by invitation and are limited to employees and authorized personnel of retail, security, and allied organizations, of organized‑retail‑crime associations, and of their law enforcement partners, and to other users we expressly approve. You may use the Services only for legitimate loss prevention, security, or investigative purposes within the scope of your duties.

2.2 Adults; authority. You must be at least 18 years old and legally able to enter into these Terms.

2.3 No sharing of access. Accounts are personal to the invited individual. You may not share your credentials or allow anyone else to use your account.

2.4 Accurate information. The information you give us to create and maintain your account must be true, current, and complete, and you must keep it up to date. If you violate these Terms, you may not create new accounts until the violation is resolved.

3. The Services

In short: TrakORC lets authorized organizations create, distribute, receive, and search organized‑retail‑crime bulletins, with related tools.

3.1 The Services include creating and distributing bulletins (including by email and other channels), receiving and searching bulletins, image tools including facial‑comparison features ("PhotoMatch"), and a query interface ("TrakORC API"), together with related applications, documentation, and support we make available.

3.2 Beta features. We may offer features identified as alpha, beta, preview, or similar ("Beta Features"). Beta Features are optional, may change or be withdrawn at any time, and are provided "as is" with no warranties and no indemnification.

3.3 Changes to the Services. We may change the features and functionality of the Services over time. We will not intentionally and materially reduce the core bulletin‑distribution functionality without notice, but the Services will evolve.

3.4 Communications to organization members. You authorize us to send email and other electronic messages to your Organization's members and authorized personnel in connection with the Services — including bulletins your Organization directs us to distribute, invitations to register, and account, security, and service notices — and to create and maintain your Organization's distribution lists for that purpose. You represent that you have authority to authorize these communications on your Organization's behalf. Recipients may opt out of non‑essential messages where required by law; account, security, and other transactional messages are part of the Services and are not promotional.

4. No charge through December 31, 2029

In short: TrakORC is free to member organizations until at least the end of 2029; if we ever charge, you'll get advance notice and a choice.

4.1 Free of charge. TrakORC's nationwide service is provided at no cost to member organizations through at least December 31, 2029. During this period there are no subscription, usage, or per‑bulletin fees for the standard Services.

4.2 If fees are introduced later. We may introduce fees for some or all of the Services after that date, or offer optional paid features earlier. We will give you at least thirty (30) days' advance written notice of any fees that would apply to you, and no fee will apply to you unless you expressly agree to it or continue using a feature after being told it is paid. You may stop using the Services at any time to avoid charges.

4.3 Third‑party costs. You remain responsible for your own equipment, internet access, and any services you obtain from third parties.

5. Account registration and security

In short: keep your account secure and tell us promptly if something's wrong.

5.1 You are responsible for all activity under your account. You must protect your credentials, use any required multi‑factor authentication, and promptly notify us of any suspected compromise or unauthorized use. We are not liable for loss arising from unauthorized use of your account that results from your failure to safeguard it.

5.2 We may verify your identity, organization affiliation, and continued eligibility, and may suspend or close accounts that we can no longer verify.

6. Acceptable use

In short: use TrakORC lawfully and for its intended purpose, and don't misuse it or the information in it.

6.1 You will use the Services only for lawful loss prevention, security, and investigative purposes and in compliance with all applicable laws, regulations, and organization policies. It is your responsibility to determine which data‑protection, privacy, and biometric privacy laws apply to your use of the Services in each place you operate, and to comply with them.

6.2 You will not:

6.3 We may publish an Acceptable Use Policy with additional detail, which is part of these Terms.

6.4 Security research. If you discover a vulnerability, please report it to us promptly and privately (see Section 19) and do not exploit it or access data beyond what is necessary to demonstrate the issue.

7. Bulletins, content, and accuracy

In short: bulletins are created by users. We distribute them; we don't verify them. The sending organization is responsible for its bulletins, and you're responsible for how you act on what you receive.

7.1 User‑generated content. Bulletins and other content are created and submitted by users and their organizations ("User Content"). The submitting organization is solely responsible for the accuracy, legality, and appropriateness of its User Content, including that it has the necessary rights, notices, and authority to submit it (including any photographs or personal information).

7.2 No verification. We do not independently verify User Content and do not endorse it. We are not responsible for User Content or for any action taken, or not taken, in reliance on a bulletin. PhotoMatch and search results are investigative aids only and are not a positive identification; a trained human must review and independently corroborate any result before it is relied upon.

7.3 Handling and confidentiality. Bulletins are security sensitive. You will handle, store, and dispose of them in accordance with your organization's policies and applicable law, will limit access to authorized personnel, and will not use them for any purpose outside your duties.

7.4 Removal. We may remove, or decline to distribute, any User Content that we reasonably believe violates these Terms or applicable law, or that creates risk to the Services or others.

7.5 Legacy and third‑party bulletin import. We (or our tools acting on your behalf) may import into TrakORC information bulletins and related records your Organization previously created, sent, or received in other or legacy systems (for example, a prior case- or incident-management system). You authorize this import and represent that your Organization has the right and authority to have that content imported into and used in the Services, and that doing so does not violate any law or third‑party agreement. Imported bulletins are your Organization's User Content under these Terms, and the submitting organization remains responsible for them under Section 7.1.

8. Facial comparison (PhotoMatch)

In short: PhotoMatch is a tool, not a decision‑maker. Use it lawfully and never as the sole basis for action.

8.1 PhotoMatch provides candidate facial comparisons to assist investigations. It does not make identifications. Similarity scores and candidate lists are probabilistic and may be incorrect.

8.2 You will use PhotoMatch only where permitted by applicable law and your organization's policy, only with images you are lawfully entitled to use, and only for legitimate loss prevention and investigative purposes. You will not use it for mass or indiscriminate surveillance, or in any manner prohibited by law. A PhotoMatch result must be independently verified by a trained person and must never be the sole basis for detaining, accusing, or refusing service to any person, or for a referral to law enforcement.

9. Data: ownership, use, privacy, and confidentiality

In short: your data stays yours; our platform stays ours; we protect confidential information; the internet isn't perfectly secure.

9.1 Your data. As between us, your Organization owns its User Content and the data it submits ("Customer Data"). You grant us a non‑exclusive license to host, process, transmit, display, and otherwise use Customer Data as needed to operate, secure, support, and improve the Services and to distribute bulletins as you direct.

9.2 Our platform. As between us, we own the Services, our software, documentation, and all related intellectual property, and we may generate and use aggregated or de‑identified data (that does not identify you, any organization, or any individual) to operate and improve the Services.

9.3 Privacy. Our handling of personal information is described in our Privacy Policy, which is part of these Terms. If you do not agree with it, do not use the Services.

9.4 Security and transmission. We use reasonable administrative, technical, and physical safeguards designed to protect the Services. However, no system is perfectly secure, and the internet and email are inherently insecure; we are not responsible for interception or loss of data in transit outside our systems.

9.5 Confidentiality. Each party will protect the other's non‑public information disclosed under these Terms using at least reasonable care and will use it only as needed to perform under these Terms, except for information that is public through no fault of the receiving party, already known, independently developed, or rightfully received from another source. A party may disclose the other's confidential information if legally compelled, after giving notice where legally permitted.

10. Intellectual property; feedback

In short: we keep our IP; you keep yours; if you send suggestions, we can use them.

10.1 We grant you a limited, non‑exclusive, non‑transferable, revocable right to access and use the Services during the term, solely for authorized purposes and subject to these Terms. All rights not expressly granted are reserved.

10.2 Feedback. If you send us suggestions, ideas, or other feedback, you grant us a perpetual, irrevocable, royalty‑free right to use it for any purpose without obligation or compensation to you.

10.3 Copyright. We respect intellectual‑property rights and will respond to valid notices of claimed infringement. Send notices to the contact in Section 19.

11. Availability, changes, and suspension

In short: we work hard for reliability, but we can't promise zero downtime, and we can suspend misuse.

11.1 We strive to keep the Services available and reliable but do not guarantee uninterrupted or error‑free operation. During the no‑charge period there is no service‑level commitment and no service credits.

11.2 We may suspend or limit the Services (in whole or in part) immediately if we reasonably believe: you or a user have breached these Terms or the Acceptable Use Policy; there is fraudulent, abusive, or anomalous activity; a security, integrity, or availability risk exists; your account information is untrue; or applicable law requires it. We will try to give advance notice and to narrow the suspension when practical, and we are not liable for consequences of a suspension made under this Section.

12. Third‑party services

In short: we rely on some outside providers; we're not responsible for them.

The Services rely on third‑party providers (for cloud data storage). We are not responsible for third‑party services, and your use of them may be subject to their own terms.

13. Disclaimers

In short: the Services are provided "as is."

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICES, INCLUDING ALL USER CONTENT, PHOTOMATCH RESULTS, AND BETA FEATURES, ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON‑INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR‑FREE, OR THAT ANY BULLETIN OR PHOTOMATCH RESULT IS ACCURATE OR COMPLETE.

14. Limitation of liability

In short: we're not liable for indirect damages, and our total liability is capped. Because the Services are free, the cap is a small fixed amount.

14.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.

14.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY (WHICH, DURING THE NO‑CHARGE PERIOD, IS US$0), OR (b) ONE HUNDRED U.S. DOLLARS (US$100).

14.3 These limits do not apply to liability that cannot be limited by law. The allocation of risk in Sections 13 and 14 is a fundamental basis of these Terms.

15. Indemnification

In short: you cover claims that arise from your misuse or your content, to the extent your organization is legally allowed to agree to this.

To the extent permitted by the laws applicable to you (including any limits that apply to a governmental entity — see Section 16), you will defend and indemnify us and our officers, employees, and affiliates from third‑party claims arising out of (a) your or your users' violation of these Terms, the Acceptable Use Policy, or applicable law, or (b) your User Content. We will promptly notify you of the claim, give you control of the defense (with our right to participate), and reasonably cooperate.

16. Government and public organizations

In short: if the law that governs your organization limits what it can agree to, those limits control — we don't ask organizations to do what the law forbids.

16.1 We recognize that many users are governmental or public entities whose authority to indemnify, to agree to binding arbitration, to waive class actions, to consent to a particular venue or governing law, or to accept certain liability terms may be limited by the constitution, statutes, or regulations that govern them.

16.2 To the extent any provision of these Terms is not permitted under the law that governs a public‑organization user, that provision does not apply to that user to the extent prohibited, and the remainder of these Terms continues to apply. Nothing in these Terms waives any immunity or defense available to a public entity, or requires it to act beyond its lawful authority.

16.3 Government end use. The Services and any related software and documentation are commercial items developed at private expense and are provided for government use only under these Terms.

17. Term and termination

In short: these Terms apply while you use TrakORC; either side can end them; some provisions survive.

17.1 These Terms take effect when you accept them and continue until terminated.

17.2 You may stop using the Services and close your account at any time. We may suspend or terminate your access, or these Terms, (a) for convenience on thirty (30) days' notice, or (b) immediately for a material breach that is not cured within fifteen (15) days after notice, or where required for security or by law.

17.3 On termination, your right to use the Services ends and your accounts may be closed. Sections that by their nature should survive — including 7, 9, 10, 13, 14, 15, 16, 18, and 19 — survive termination.

18. Dispute resolution

In short: contact us first; most disputes go to individual arbitration in California; courts still handle intellectual‑property and small‑claims matters. Public organizations: see Section 16.

18.1 Talk to us first. Before starting any formal proceeding, contact us (Section 19) so we can try to resolve the matter. The parties will attempt good‑faith resolution for thirty (30) days.

18.2 Governing law and venue. These Terms are governed by the laws of the State of California, without regard to its conflict‑of‑laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods. Subject to Section 18.3 and Section 16, any court action will be brought in the state or federal courts located in San Mateo County, California, and the parties consent to their jurisdiction.

18.3 Arbitration. Except for the matters in Section 18.4, and except where prohibited for a public‑organization user under Section 16, any dispute that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in San Mateo County, California. Judgment on the award may be entered by any court of competent jurisdiction.

18.4 Exceptions. Either party may bring an action in court for (a) intellectual‑ property claims, or (b) matters within the jurisdiction of a small‑claims court. A party may also seek injunctive relief to protect confidential information or intellectual property.

18.5 Class‑action waiver. To the extent permitted by law (and subject to Section 16), disputes will be brought only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative action. If this waiver is held unenforceable, this Section 18.5 is severed and the remainder of Section 18 still applies.

19. Notices and contact

In short: here's how to reach us and how we reach you.

19.1 To us. Notices to us must be in writing and sent to: Daryl D. Jones, Inc., Attn: TrakORC, 1160 Industrial Rd., Suite 15, San Carlos, CA 94070.

19.2 To you. We may send notices to the email address on your account or through the Services, and such notice is effective when sent.

20. Changes to these Terms

In short: we may update these Terms; we'll give notice; continued use means you accept the update.

We may update these Terms from time to time. We will give at least thirty (30) days' advance notice of material changes (except where a shorter period is required by law), and will post the updated Terms with a new effective date. Your continued use of the Services after the effective date means you accept the updated Terms. If you do not agree, stop using the Services.

21. General

In short: the usual legal housekeeping.

21.1 Entire agreement. These Terms (with the Privacy Policy, any Acceptable Use Policy, and any separate written agreement) are the entire agreement between the parties on this subject and supersede prior understandings. Any conflicting terms in a purchase order or vendor portal are void.

21.2 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind permitted successors and assigns.

21.3 No waiver; severability. A failure to enforce a provision is not a waiver. If a provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the rest of these Terms remains in effect.

21.4 Independent contractors. The parties are independent contractors; these Terms create no partnership, organization, joint venture, or employment relationship.

21.5 Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control (for example, natural disaster, outage, war, or governmental action), and will make reasonable efforts to mitigate.

21.6 Publicity. We will not use your Organization's name or logo in marketing or publicity without your prior written consent.

21.7 Headings. Section headings and plain‑language summaries are for convenience only and do not affect interpretation.

TrakORC is owned and operated by Daryl D. Jones, Inc., 1160 Industrial Rd., Suite 15, San Carlos, CA 94070.

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