Terms & conditions

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TERMS OF THE TRACKINGPLAN PLATFORM AND SERVICES

September 2021

The website www.trackingplan.com and the platform available through it (the “Platform”) are operated by TRACKINGPLAN, INC., with registered office at 2093 PHILADELPHIA PIKE #1638, CLAYMONT, DE 2093, US, with Tax Identification Number 38-4169295. The User can contact Trackingplan by email at contact@trackingplan.com.

Please read these terms (“Terms”) carefully. By using the Platform or signing up for and creating an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Trackingplan. As a customer of the Services (as defined below) or a representative of an entity that is a customer of the Services, you are a “User” according to these Terms.

These Terms govern the access, browsing and use of the Website and the Platform by its Users as well as the analytics monitoring services available on the Platform and the installation of the Trackingplan code and the enjoyment of the services derived thereof (collectively, the "Services").

Certain Services may be subject to specific conditions or instructions that must be accepted by the User prior its provision. These specific conditions may be imposed by Trackingplan or by third parties. Such specific conditions shall apply in addition to these Terms and in case of conflict shall supersede the Terms. Accordingly, the User must acknowledge to have read and accepted such specific conditions.

Regarding the collection and processing of personal data within the Services, the [Privacy Policy] shall apply.

Any user who accesses the Services, create an account, or installs the Trackingplan code shall be a User. If the User does not agree with all or any of these Terms, the User must leave the Platform immediately, cease to use the Services, proceed to delete the account and/or proceed to uninstall the Trackingplan code.

2. CAPACITY TO ACCEPT THE TERMS.

2.1. By agreeing to these Terms, the User warrants that:

1. is of legal age (at least 18 years old) and has read and understood the Terms.
2. has legal capacity to enter into and purchase the Services.
3. assumes all obligations set forth herein.

2.2. In the event that the User is accessing and using the Services on behalf of a third party, such as an employer or a company, the User represents and warrants to have obtained the express prior authorization from such third party in order to enter into and use the Services, or to have been granted power of legal representation for the purposes of using or entering into the Services.

2.3. Trackingplan reserves the right to modify, at any time, the Services, the Website, the Platform as well as any aspect of these Terms. Notwithstanding the foregoing, the transactions made by the User prior to such modifications will be performed as agreed.

3. THE REGISTRATION PROCESS AND THE ACCOUNT’S USER.

3.1. The User shall register through the procedure stated by Trackingplan. For registration, the User shall provide a valid email address at which the User will receive any notification related to the Services and activate its account.

In addition, full access to the Services shall require that User provides Trackingplan with certain mandatory information as stated from time to time on the Website for the appropriate rendering of the Services; as well as the details of the means of payment which shall be associated from that moment on to the account.

3.2. When providing the payment details, the User authorize Trackingplan to apply fees and charges for the Services through such payment means. In case of payment through credit or debit card, payments shall be made through a payment platform managed and operated by third parties and its use shall be subject to this third party’s terms, conditions, and privacy policy. The details of the credit or debit card of the User will be stored directly by this third party, which will be responsible for the storage and safeguarding thereof.

3.3. The Services shall be active subject to full payment by the User of all fees and charges on due time and can be suspended at any time without notice in case of non-payment or delay on payment of all fees and charges.

3.4. Trackingplan shall not have direct access to the credit or debit card details of the User as entered on the payment platform and is not responsible for the functioning of the payment platform. The Services shall be operative once the User has provided fully the information required on the Website. A confirmation of the contract will be sent to the registered email address of the account.

3.5. The User represents and warrants that information provided for registration is true, complete, and up to date. It is the User’s responsibility to keep such information updated. The User shall be the sole responsible for maintaining such information updated. The User shall not impersonate any other person upon registration.

3.6. The User must protect its password, treat it as confidential and not disclose it to other persons. In addition, the User shall not publish, distribute or disclose the password. The User shall never allow other users or third parties to use its account (except for its employees, subcontractors or collaborators that can be authorized to use the User accounts), nor use the account of another user.

3.7. The User shall immediately inform Trackingplan of any violation or suspected violation of security, or unauthorized use of its account. The User shall ensure that any person authorized to use a User account complies with the above conditions.

3.8. If Trackingplan has reasons to believe that any unauthorized third party is using the account, Trackingplan may suspend the User account and the use of the Services. The User is the sole responsible for the use, configuration, management and administration of the User account and any other use of the Services through the User account, through any device or location, undertaking to indemnify and hold harmless Trackingplan of any damages, costs, losses, claims, lawsuits or actions that would or could be incurred by Trackingplan as a consequence of or in connection with use of the Services by the User or by any person authorized by the User to use the account. Trackingplan may suspend or eliminate the User account if it believes that the User does not comply with these Terms.

4. ACCESS TO THE PLATFORM AND TO THE SERVICES

4.1. Access to the Platform and the Services shall be subject to remuneration stated on the Website.

The access and use of the Platform and the Services requires a computer or computer equipment as well as internet connection. Any expense in connection with such items is not included in the Services described herein in the Terms and shall be borne exclusively by the User.

4.2. In order to use the Services, the User must sign into with his account and install the Trackingplan code in its website, following the instructions provided by Trackingplan, granting the authorizations requested for Trackingplan, as they are necessary for the rendering of the Services.

4.3. The User undertakes to use the Services in good faith and not to use them negligently, for fraudulent purposes or in an unlawful manner. In addition, the User agrees not to take part in any conduct or action that could damage the image, interests or rights of the Services, other Users or of third parties.

4.4. It is the User’s responsibility to ensure prior to using the Services that the features of the Services meet the User’s needs.

4.5. The User agrees to use the Platform and the Services in accordance with law, moral principles, and public order as well as the Terms. The User shall refrain from using the Platform or the Services for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law.

4.6. The User agrees to indemnify and hold harmless Trackingplan against any claim, fine, penalty or sanction arising from the User’s failure to comply with these Terms. Trackingplan reserves the right to claim compensation for damages incurred.

5. SERVICES

Through the Services, the User shall be able to monitor the analytics of its website or app and detect inconsistencies. In order to use the Services, the User shall have to add the Trackingplan code in its website or app.

In the course of the Services, information of the User shall be supplied to Trackingplan and used for the provision of the Services. The User acknowledges that the right to use and legality of such information is a condition of essence for the Service and shall be fully and exclusively responsible for such information, indemnifying and keeping Trackingplan harmless of any liability or damage derived from the use of such information. The User authorizes Trackingplan to use such information for the provision of the Services and Trackingplan shall have a royalty-free, fully paid-up, worldwide, transferable, sub-licensable, irrevocable and perpetual right to use such information to anonymously implement, use, modify and exploit the Services.

The Services shall be rendered with the conditions according to the plan hired by the User and with the specifications and conditions described on the Website.

Tracking plan shall be entitled to subcontract to third parties auxiliary services necessary for the rendering of the Services and to affiliated companies any substantial part of the Services.

6. SERVICES OF THIRD PARTIES

6.1. The Services may depend on analytics services operated by third parties and not controlled by Trackingplan, and subject to its specific terms and conditions.

6.2. The use of such third party’s services neither implies an agreement between Trackingplan and the owner of the services nor implies the recommendation or the endorsement of the services by Trackinggplan.

6.3. Trackingplan is unaware of the services of such third parties and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error, or futility of such services.

7. INTELLECTUAL PROPERTY

7.1. All intellectual property on the Website, the Platform, and the Services is owned by Trackingplan or its licensors, including, but not limited to, the intellectual property in texts, photographs, graphics, images, icons, technology, software, links, and any other audiovisual o sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property regulations in force of the content be deemed to have been assigned or licensed to the User.

7.2. The trademarks, trade names or distinctive signs of any class displayed on the Website, the Platform, or the Services are owned by Trackingplan or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned or licensed to the User.

7.3. Regarding the Trackingplan code, Trackingplan grants to the User a limited, personal, worldwide, non-transferable, non-exclusive, royalty-free license to use the code for the receipt of the Services only for the duration of the Services. After the termination of the Services, not matter the cause, the Trackingplan code and the Services shall cease to be available and/or working.

7.4. The User is forbidden of, either partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the Services, unless authorized expressly by Trackingplan.

8. RESTRICTIONS

In connection with the use of the Services, or the Platform, the User may not:

• perform reverse engineering procedures, decompile, decode, or hack the technology used by Trackingplan to provide the Services or in the Platform;
• impersonate any person or entity, or falsely state or misrepresent its affiliation or association with any person or entity;
• interfere, interrupt, or violate the security of the Services or the Platform, or the servers or accounts used by Trackingplan to provide the Services and to operate the Platform;
• take any action that damages, make unavailable, overload (as determined by Trackingplan at its sole discretion) or deteriorate or hamper the normal usage of the Services, or the Platform, affect their security or impede or interfere with them;
• interfere or attempt to interfere in the proper operating of the Services or the Platform;
• bypass any measure used by Trackingplan to prevent or restrict access to the Services (or to other accounts, computer systems or accounts associated with the Services), or the Platform;
• Access the Services through any program, application, or tool other than those provided by Trackingplan, or indented for any purpose other than the normal use of the Services, such as malicious attempts to gain control of the Services or to deny the Services, performance tests or comparisons. This restriction applies to the Platform and to any electronic activity whose destination is the Trackingplan infrastructures (its servers and public IP addresses), that would be contrary to normal operations in accordance with the terms set forth in these Terms or would or could unjustifiably damage the interests of Trackingplan, without prior, express, and written authorization of Trackingplan;
• Decipher, decompile, disassemble, perform reverse engineering, or attempt to decipher the source code or the ideas or algorithms of any part of the Services, except to the limited extent in which applicable laws specifically prohibit such restriction;
• Copy, lease, rent, distribute, download, reproduce, transmit, broadcast, display, sell, license, exploit or otherwise transfer any content of the Services or the Platform, in any manner not intended by the normal operating of the Services, or the Platform, unless expressly authorized by these Terms; or
• Employ the Services for any action that violates the applicable regulations or that infringe third-party rights.

9. CONFIDENTIALITY

The data provided through the Services shall be strictly confidential and may therefore be used by Trackingplan to perform of its obligations and/or the exercise of its rights herein or only to provide the Services unless otherwise provided herein and will not be disclosed to third parties other than directors, employees, officers, professional representatives, advisers, sub-contractors, and agents of Trackingplan, which shall be subject to similar obligations of confidentiality.

10. PRICING AND TERM OF THE TRACKINGPLAN SERVICES

10.1. The pricing and terms of the different Trackingplan Services subscription modalities are provided on the Website and displayed on the screen prior to the purchase process when selecting a modality of subscription.

10.2. The Valued Added Tax (VAT) is included in the prices.

11. SUPPORT

In case of doubt regarding the Services, the User may contact Trackingplan by sending an email to support.trackingplan.com. The User may also consult the issues raised at the Trackingplan Support Center accessible through support.trackingplan.com.

12. LIMITATION OF LIABILITY

The User acknowledges and accepts that it always uses the Services at its own risk and venture, and that Trackingplan is therefore not responsible for any misuse or use of the Services in breach of or for any breach of these Terms.

If you access the Services, you do so at your own risk and are responsible for the compliance with the laws of your jurisdiction.

THE SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE", AT YOUR OWN RISK, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OR CONDITIONS OF ANY KIND. TRACKINGPLAN MAKES NO, AND HEREBY DISCLAIMS, ALL WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, QUALITY, SATISFACTION, NON-INFRINGEMENT, LAWFULNESS, ABSENCE OF VIRUSES OR MALICIOUS CODES, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY OTHER WARRANTY OF PERFORMANCE OR USE OF TRADE.

To the fullest extent permitted by applicable regulations, Trackingplan does not warrant and disclaims any liability from the availability and continuity of the Services, the Platform or the Website, their reliability, quality, correctness, security, integrity, lawfulness or fitness for a specific purpose or activity. No information, whether verbal or written, obtained from Trackingplan or through the Services, the Platform or the Website will create any guarantee not expressly set out in these Terms.

As a way of example and without limitation, Trackingplan shall not be liable for any damages that might result from:

• Use of devices incompatible with the Services or the Platform.
• Interruptions, bugs, viruses, faults, trojans horses or alike, technical problems, interferences, omissions, unavailability, power cuts, failures of the telecommunications networks or equipment of the User which are not Trackingplan’s responsibility.
• Delays or blockages in usage of the Services or the Platform due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.
• Third parties’ actions.
• Impossibility of accessing the Services or the Platform.
• Any other event beyond Trackingplan’s direct control.

Trackingplan shall not be liable for any delay or breach of any obligation set forth in this contract provided that such delay or breach is the result of unforeseeable or foreseeable causes but inevitable, resulting from force majeure, including, without limitation, fire, accident, sequestration, governmental provision, blockade, etc.

TRACKINGPLAN DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSABILITY FOR ANY SERVICE OFFERED BY THIRD PARTIES WITH REGARD TO THE SERVICES, AND TRACKINGPLAN WILL NOT BE PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONS BETWEEN YOU AND THIRD-PARTY SERVICES PROVIDERS.

13. NOTICES

13.1. All notices, requests, demands, and other communications between Trackingplan and the User in connection with the Services or the access to the Platform shall be in writing and shall be deemed to have been duly delivered if sent by certified mail or certified fax (burofax) to the address which the parties have indicated to the other to that effect.

13.2. Notwithstanding the foregoing, notices sent to Trackingplan shall be deemed to have been duly made when sent by means of email at support.trackingplan.com.

13.3. On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User’s email account for the use of the Services or, if required, the one that the User had provided to Trackingplan to that effect.

14. SEVERABILITY

In the event that any provision of these Terms was to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these Terms.

15. CHOICE OF LAW AND PLACE OF CONCLUSION OF THE CONTRACT

15.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware (United States of America).

15.2. The purchase of the Services shall be considered to have been formalized on the place where Trackingplan ᾽s registered offices is located at the moment of purchase.

16. JURISDICTION

The User and Trackingplan expressly waive any other jurisdiction which may correspond to them and agree to resolve any controversy arising out of the Services or the access to the Platform before the Courts of the domicile of Trackingplan except when the applicable law necessarily imposes otherwise.