1. Information We Collect

1.1 Information You Provide

We collect information that you voluntarily provide when using The JERK Tracker X:

• Account Information: Name, email address, phone number, password (encrypted)
• Restaurant Information: Restaurant name, address, business details
• Order Information: Order numbers, customer names, order details, timestamps
• Driver Information: Driver name, company affiliation (when checking in orders)
• Profile Data: User preferences, role assignments, notification settings

1.2 Automatically Collected Information

When you use our app, we automatically collect certain information:

• Device Information: Device type, operating system, unique device identifiers
• Usage Data: App features accessed, time spent, interaction patterns
• Location Data: GPS location (only when using geolocation features with your permission)
• Log Data: IP address, browser type, access times, error logs
• QR Code Scans: Timestamp and order ID when scanning QR codes

1.3 Permissions We Request

Our Android app may request the following permissions:

• Camera: To scan QR codes for order tracking
• Location: To provide location-based features (optional)
• Notifications: To send order status updates
• Storage: To cache data for offline functionality
• Network Access: To sync data with our servers

2. How We Use Your Information

We use collected information for the following purposes:

2.1 Service Delivery

• Create and manage your account
• Process and track restaurant orders
• Generate QR codes for order pickup
• Enable driver check-in functionality
• Provide real-time order status updates

2.2 Communication

• Send order notifications and status updates
• Respond to customer support inquiries
• Send important service announcements
• Provide technical support

2.3 Improvement & Analytics

• Analyze usage patterns to improve our services
• Develop new features based on user behavior
• Monitor and fix technical issues
• Enhance app performance and user experience

2.4 Security & Compliance

• Prevent fraud and unauthorized access
• Ensure compliance with legal obligations
• Protect user safety and security

3. Data Storage & Security

3.1 Cloud Storage

Your data is securely stored using Amazon Web Services (AWS):

• AWS DynamoDB: Order and user data storage
• AWS Region: US East (N. Virginia) – us-east-1
• Encryption: Data encrypted in transit (HTTPS/TLS) and at rest
• Backup: Regular automated backups for data recovery

3.2 Local Storage

Some data is stored locally on your device:

• Authentication tokens (encrypted)
• User preferences and settings
• Cached order data for offline access

3.3 Security Measures

• Password Protection: Passwords hashed using bcrypt
• Session Management: Secure JWT-based authentication
• Data Encryption: TLS/SSL for all data transmission
• Access Controls: Role-based permissions (Admin, Manager, Driver, Customer)
• Regular Updates: Security patches and updates

4. Data Sharing & Disclosure

4.1 We Do NOT Sell Your Data

Important: We do not sell, rent, or trade your personal information to third parties for marketing purposes.

4.2 Limited Sharing

We may share your information only in these circumstances:

• Within Your Restaurant: Order data shared with authorized users (admins, managers, drivers)
• Service Providers: AWS for hosting, email services for notifications (under strict data processing agreements)
• Legal Requirements: When required by law, court order, or government request
• Business Transfers: In case of merger, acquisition, or sale (users will be notified)
• With Your Consent: Any other sharing will require your explicit permission

5. Your Privacy Rights

You have the following rights regarding your personal data:

5.1 Access & Portability

• Request a copy of your personal data
• Export your order history and account data
• Review what information we have about you

5.2 Correction & Update

• Update your profile information anytime
• Correct inaccurate data
• Modify your preferences and settings

5.3 Deletion

• Request deletion of your account and data
• Remove specific orders or information
• Opt-out of data collection features

5.4 Control & Preferences

• Manage notification preferences
• Control location tracking (enable/disable)
• Adjust privacy settings
• Revoke app permissions at any time

5.5 California Privacy Rights (CCPA)

California residents have additional rights under the California Consumer Privacy Act (CCPA):

• Right to know what personal information is collected
• Right to know if personal information is sold or disclosed
• Right to say no to the sale of personal information
• Right to access your personal information
• Right to equal service and price

5.6 GDPR Rights (European Users)

If you’re in the European Economic Area (EEA), you have additional rights under GDPR:

• Right to data portability
• Right to object to processing
• Right to restrict processing
• Right to lodge a complaint with supervisory authority

6. Data Retention

We retain your information for different periods based on type:

• Active Accounts: Data retained while your account is active
• Order History: Retained for 2 years for business and tax purposes
• Deleted Accounts: Data permanently deleted within 30 days of account deletion request
• Legal Requirements: Some data may be retained longer to comply with legal obligations
• Backup Data: Removed from backups within 90 days

7. Children’s Privacy

The JERK Tracker X is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us immediately, and we will delete such information.

8. Cookies & Tracking Technologies

8.1 Web Application

Our web application uses:

• Session Cookies: To maintain your login session
• Preference Cookies: To remember your settings
• Local Storage: For offline functionality and caching

8.2 Mobile Application

Our mobile app uses:

• Local Storage: To cache data and store preferences
• Analytics: To understand app usage (anonymized)
• Session Tokens: For secure authentication

9. Third-Party Services

We use the following third-party services:

• Amazon Web Services (AWS): Cloud hosting and database storage
• Email Service Providers: For sending notifications (if applicable)
• Analytics Tools: To improve our services (anonymized data)

These services have their own privacy policies and we encourage you to review them.

10. International Data Transfers

Your data may be transferred to and processed in countries other than your own. We ensure appropriate safeguards are in place:

• Data stored primarily in AWS US East region
• Standard contractual clauses for international transfers
• Compliance with GDPR for European users
• Adequate security measures regardless of location

11. Changes to Privacy Policy

We may update this Privacy Policy from time to time. When we do:

• We will update the “Last Updated” date
• We will notify you via email or in-app notification for significant changes
• Your continued use constitutes acceptance of the updated policy
• Previous versions will be archived and available upon request

12. Your Choices & Opt-Out

You can control your privacy by:

• Email Notifications: Unsubscribe via link in emails or app settings
• Push Notifications: Disable in device or app settings
• Location Services: Disable in device settings
• Camera Access: Revoke in device settings
• Account Deletion: Request via app or contact support

13. Business Use

If you use The JERK Tracker X on behalf of a restaurant or business:

• Your business is responsible for obtaining employee consent
• Admin users must respect employee privacy rights
• Business accounts must comply with applicable employment laws
• Data shared within your organization is subject to your internal policies

14. Security Incident Response

In the unlikely event of a data breach:

• We will notify affected users within 72 hours
• We will report to relevant authorities as required by law
• We will provide details about the breach and mitigation steps
• We will offer assistance and support to affected users

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Paintbrush Marketing (“Company,” “we,” “us,” or “our”) regarding your use of The JERK Tracker X application and related services (collectively, the “Service”).

1.1 Who Can Use Our Service

• You must be at least 13 years old to use this Service
• If you’re under 18, you must have parental or guardian consent
• You must be authorized to represent your restaurant or business
• You must provide accurate and complete registration information
• You must comply with all applicable local, state, and federal laws

1.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via:

• Email notification to your registered email address
• In-app notification when you next access the Service
• Update to the “Last Updated” date at the top of this page

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Service Description

The JERK Tracker X provides restaurant order tracking and management services, including:

2.1 Core Features

• Order Management: Create, track, and manage restaurant orders
• QR Code Generation: Generate unique QR codes for each order
• Driver Check-in: Allow delivery drivers to check in when picking up orders
• Real-time Tracking: Monitor order status in real-time
• Dashboard Analytics: View order history and statistics
• Multi-User Access: Role-based access for admins, managers, drivers, and customers
• Mobile & Web Access: Available on Android mobile app and web browser

2.2 Service Availability

• We strive for 99.9% uptime but do not guarantee uninterrupted service
• Scheduled maintenance will be announced in advance when possible
• Emergency maintenance may occur without prior notice
• Service may be temporarily unavailable due to circumstances beyond our control

3. User Accounts

3.1 Account Registration

To use The JERK Tracker X, you must create an account by providing:

• Valid email address
• Secure password (meeting our security requirements)
• Restaurant or business name
• Contact information

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Using strong, unique passwords
• Not sharing your account with others

3.3 Account Termination

We reserve the right to suspend or terminate your account if:

• You violate these Terms of Service
• You engage in fraudulent or illegal activities
• Your account has been inactive for more than 12 months
• We receive a valid legal request
• We discontinue the Service (with 30 days notice)

4. Acceptable Use Policy

4.1 Permitted Use

You may use The JERK Tracker X only for:

• Managing restaurant order tracking and pickup coordination
• Business purposes related to food service operations
• Lawful activities in compliance with all applicable laws

4.2 Prohibited Activities

You agree NOT to:

• Use the Service for any illegal or unauthorized purpose
• Violate any laws in your jurisdiction
• Infringe upon intellectual property rights
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the Service
• Use automated scripts or bots to access the Service
• Collect or harvest user data without permission
• Impersonate another person or entity
• Engage in harassment or abusive behavior
• Post false or misleading information
• Reverse engineer, decompile, or disassemble the app
• Resell or redistribute the Service without authorization
• Use the Service to spam or send unsolicited communications

5. Intellectual Property Rights

5.1 Our Rights

The JERK Tracker X and all its contents, features, and functionality are owned by Paintbrush Marketing and are protected by:

• Copyright laws
• Trademark laws
• Trade secret laws
• Other intellectual property rights

5.2 Your Rights

You retain all rights to the data you input into the Service, including:

• Order information
• Customer data
• Restaurant information
• Custom content you create

5.3 License Grant

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your business purposes. This license does not include the right to:

• Modify or copy the software
• Use the Service for commercial resale
• Create derivative works
• Remove copyright or proprietary notices

6. User Content & Data

6.1 Your Content

You are responsible for all data and content you submit to the Service (“User Content”), including:

• Order information
• Customer names and details
• Driver information
• Restaurant details

6.2 Content Standards

Your User Content must:

• Be accurate and not misleading
• Comply with all applicable laws
• Not violate any third-party rights
• Not contain offensive or inappropriate material

6.3 Data Use License

By submitting User Content, you grant us a limited license to:

• Store and process your data to provide the Service
• Display your content to authorized users in your account
• Create backups for disaster recovery
• Use anonymized, aggregated data for analytics and improvements

We will never: Sell your data, share it with third parties for marketing, or use it for purposes unrelated to providing the Service.

6.4 Data Backup & Export

• We perform regular automated backups
• You can export your data at any time
• You are responsible for maintaining your own backup copies

7. Payment Terms

7.1 Pricing

Current pricing information is available at: https://paintbrushmarketing.net/jerktracker/

• Prices are subject to change with 30 days notice
• All prices are in US Dollars (USD)
• Taxes may apply based on your location

7.2 Billing

• Subscription Plans: Billed monthly or annually
• Auto-Renewal: Subscriptions automatically renew unless cancelled
• Payment Methods: Credit card, debit card, or other approved methods
• Failed Payments: Service may be suspended if payment fails

7.3 Refund Policy

• Free Trial: No charges during trial period
• Cancellation: Cancel anytime; service continues until end of billing period
• No Refunds: Payments are non-refundable except as required by law
• Pro-Rata Refunds: Available at our discretion for service issues

7.4 Free Tier

If you use a free tier:

• Service may be limited in features or capacity
• We may display advertisements
• Free tier may be discontinued with notice
• No guarantee of service availability

8. Third-Party Services

The JERK Tracker X uses third-party services, including:

• Amazon Web Services (AWS): Cloud hosting and storage
• Email Providers: For notifications and communications
• Payment Processors: For handling transactions

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for:

• Third-party service availability or performance
• Third-party privacy practices
• Third-party service changes or discontinuation

9. Disclaimer of Warranties

Some jurisdictions do not allow exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless Paintbrush Marketing and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your User Content
• Your violation of any laws or regulations

12. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, available at:

https://paintbrushmarketing.net/jerktracker/privacy.html

Key privacy points:

• We collect and use data as described in our Privacy Policy
• We implement security measures to protect your data
• You have rights regarding your personal data
• We comply with applicable data protection laws (GDPR, CCPA, etc.)

13. Mobile Application Terms

13.1 Mobile License

The Android mobile application is licensed, not sold. This license grants you:

• A personal, non-transferable, non-exclusive right to use the app
• Right to use on devices you own or control
• Subject to Google Play Store terms and conditions

13.2 Mobile Restrictions

You may not:

• Modify, reverse engineer, or decompile the app
• Remove any copyright or proprietary notices
• Transfer the app to another device without authorization
• Use the app on rooted or jailbroken devices (at your own risk)

13.3 Updates & Maintenance

• We may release updates and new versions
• Some updates may be required for continued use
• We may discontinue support for older versions

13.4 Device Requirements

• Android 5.1 (API level 22) or higher
• Internet connection required for most features
• Certain features require device permissions (camera, location, etc.)

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in app settings
• Contacting support at support@paintbrushmarketing.net
• Cancelling your subscription (service continues until period end)

14.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• You engage in fraudulent activity
• We receive a legal order
• Your payment fails repeatedly

14.3 Effects of Termination

Upon termination:

• Your right to use the Service ceases immediately
• Your data will be deleted according to our data retention policy
• You may request a data export within 30 days
• Unpaid fees remain due and payable
• Provisions that should survive termination will remain in effect

15. Dispute Resolution

15.1 Informal Resolution

Before filing a legal claim, please contact us at legal@paintbrushmarketing.net to attempt informal resolution. We’ll work in good faith to resolve disputes.

15.2 Governing Law

These Terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles.

15.3 Jurisdiction

Any legal action must be brought in the state or federal courts located in [Your County/State]. You consent to the exclusive jurisdiction of these courts.

15.4 Arbitration

For disputes that cannot be resolved informally:

• Claims under $10,000 may be resolved in small claims court
• Larger claims will be resolved through binding arbitration
• Arbitration conducted under American Arbitration Association (AAA) rules
• Class action lawsuits are waived (you may opt-out within 30 days)

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

16.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

16.3 No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control, including:

• Natural disasters
• War or terrorism
• Government actions
• Internet service provider failures
• Pandemics or public health emergencies

16.6 Survival

Provisions that by their nature should survive termination will survive, including:

• Intellectual property rights
• Disclaimer of warranties
• Limitation of liability
• Indemnification
• Dispute resolution

17. Accessibility

We strive to make The JERK Tracker X accessible to all users. If you experience accessibility issues, please contact us and we will work to address them.

18. Feedback

We welcome your feedback and suggestions. By providing feedback, you grant us:

• A perpetual, irrevocable, royalty-free license to use the feedback
• The right to implement suggestions without compensation
• No obligation to implement or respond to feedback

19. Export Controls

You agree to comply with all export and import laws. The Service may not be used in countries subject to U.S. embargoes or export restrictions.

20. Government Use

If you’re a government entity, the Service is provided as “Commercial Computer Software” as defined in applicable regulations.