Terms of Service

Last Updated: January 7, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the KrankyBear BackTrack website and software ("Service," "BackTrack," "the Software"). By downloading, installing, or using BackTrack, you agree to be bound by these Terms.

If you do not agree to these Terms, do not use the Service.

2. Description of Service

BackTrack is practice management software designed for healthcare professionals, including:

• Patient/client record management
• Appointment scheduling
• Clinical notes and documentation
• Billing and reporting
• Module-specific features for chiropractic, veterinary, physical therapy, and other healthcare specialties

The Software operates locally on your computers with encrypted data storage.

3. User Accounts and Responsibilities

3.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your database passwords and MFA codes
• All activities that occur under your user accounts
• Implementing appropriate security measures (full-disk encryption, physical security, etc.)
• Notifying us immediately of any unauthorized access or security breach

3.2 Compliance with Laws

You agree to use BackTrack in compliance with all applicable laws and regulations, including but not limited to:

• Healthcare privacy laws (HIPAA, PIPEDA, GDPR, etc.)
• Professional practice regulations
• Tax and financial reporting requirements
• Employment and labor laws

3.3 Prohibited Uses

You may NOT:

• Use BackTrack for any illegal or unauthorized purpose
• Reverse engineer, decompile, or disassemble the Software
• Share your license with other practices or organizations
• Use BackTrack to provide services to third parties (SaaS/hosting)
• Remove or alter copyright, trademark, or proprietary notices
• Attempt to circumvent license validation or security mechanisms
• Use the Software in a manner that could damage, disable, or impair our systems or other users

4. Licensing and Ownership

4.1 Software License

BackTrack is proprietary software. You are granted a limited, non-exclusive, non-transferable license to use the Software according to the terms of your purchased license. See our License Agreement for complete licensing terms.

4.2 Data Ownership

You own your data. All patient/client records, clinical notes, and other data you create in BackTrack belong to you. We claim no ownership rights to your practice data.

4.3 Intellectual Property

BackTrack software, including all code, design, graphics, documentation, and trademarks, is owned by Allan Marillier and protected by copyright and intellectual property laws. You may not copy, modify, or distribute the Software except as expressly permitted by your license.

5. Trial Mode and Free Use

BackTrack offers a free trial mode with the following terms:

• No time limit - use indefinitely
• Limited to 10 patients/clients maximum
• Full access to all features and modules
• No credit card required
• No automatic conversion to paid plans

Trial mode is intended for evaluation and small practices. To exceed 10 patients, you must purchase a license.

6. Paid Subscriptions and Licenses

6.1 License Types

BackTrack offers:

• Perpetual License: One-time purchase with lifetime use
• Annual Subscription: Renewable yearly license
• Monthly Subscription: Renewable monthly license

6.2 Payment Terms

• All prices are in USD unless otherwise stated
• Subscriptions automatically renew unless cancelled
• You are responsible for maintaining valid payment information
• Failed payments may result in license suspension

6.3 Refunds and Cancellations

• Trial licenses: Free, no refund applicable
• Perpetual licenses: No refunds (use trial mode to evaluate first)
• Subscriptions: May be cancelled at any time, no prorated refunds

See our Pricing Page and FAQ for more details.

6.4 License Expiration

If your license expires:

• You retain full read-only access to all your data
• You can view, export, print, and backup your records
• You cannot create new records or modify existing ones
• To restore full functionality, renew or purchase a new license

7. Support and Updates

7.1 Software Updates

Active licenses include:

• All software updates and bug fixes
• New features and module additions
• Security patches

We reserve the right to modify or discontinue features with reasonable notice.

7.2 Customer Support

Support is provided via email and documentation for active licenses. Response times are not guaranteed but we strive for prompt assistance.

7.3 End of Support

We reserve the right to end support for older software versions with at least 12 months' notice. Critical security patches may be provided at our discretion.

8. Disclaimers and Limitations

8.1 Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. We disclaim all warranties, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability
• Uninterrupted or error-free operation

8.2 Professional Responsibility

BackTrack is a tool. You are responsible for:

• Verifying the accuracy of all data and calculations
• Making appropriate clinical or business decisions
• Maintaining professional standards of care
• Training your staff on proper software use
• Validating that BackTrack meets your specific needs

BackTrack does not provide medical, legal, or professional advice.

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Allan Marillier and KrankyBear shall NOT be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data or information
• Business interruption
• Loss of reputation
• Cost of substitute products or services

Our total liability shall not exceed the amount you paid for the Software in the 12 months preceding the claim.

9. Data Backup and Recovery

You are responsible for backing up your data. While BackTrack includes backup features, we are not responsible for data loss due to:

• Hardware failure
• Software bugs or errors
• User error or negligence
• Natural disasters or "acts of God"
• Malware, ransomware, or cyberattacks
• Any other cause

Implement a regular backup strategy and test your backups periodically.

10. Indemnification

You agree to indemnify and hold harmless Allan Marillier and KrankyBear from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use or misuse of the Software
• Your violation of these Terms
• Your violation of any laws or regulations
• Your infringement of third-party rights
• Disputes with your patients/clients related to software use

11. Termination

11.1 By You

You may stop using BackTrack at any time. For subscriptions, cancel before your renewal date to avoid future charges.

11.2 By Us

We may terminate or suspend your license if you:

• Violate these Terms
• Engage in fraudulent or illegal activity
• Fail to pay applicable fees
• Use the Software in a manner that harms our reputation or systems

11.3 Effect of Termination

Upon termination:

• You must cease all use of the Software (except read-only access to your data)
• You retain ownership of your practice data
• Sections related to data ownership, disclaimers, and limitation of liability survive termination

12. Privacy and Data Protection

Our use of your personal information is governed by our Privacy Policy. By using BackTrack, you consent to our privacy practices as described in that policy.

13. Modifications to Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated "Last Updated" date. For significant changes, we will provide notice via:

• Email to licensed users
• In-app notifications
• Website announcements

Continued use of BackTrack after changes constitutes acceptance of the updated Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which Allan Marillier operates, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of BackTrack shall be resolved through:

1. Good faith negotiation between parties
2. Binding arbitration if negotiation fails
3. Courts of competent jurisdiction as a last resort

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and License Agreement, constitute the entire agreement between you and KrankyBear regarding the use of BackTrack.

17. Contact Information

For questions about these Terms, contact us at:

• Email: support@krankybear.com
• Website: https://krankybear.com