MobileTracker Service Terms and Conditions
This Terms of Service Agreement (the "Agreement") is made and entered into by and between MobileTracker ("MobileTracker") and MobileTracker user ("Customer", "Subscriber", "Data Controller", "Entity", "End-user", "You").
The Terms of Service describes your rights and responsibilities and declares the terms and conditions under which you may use MobileTracker website visitor ("Internet users") tracking services. This agreement applies to service access points such as direct access to mobiletracker.org and its subdomains, APIs, SMS, service email notifications, SaaS implementation, server side and client installed applications, widgets, graphic badges, tags, buttons and other methods via which the service is delivered, including otherwise provided software that can be installed on Customer's websites and within applications.
- Who can utilize MobileTracker services
Any party that utilizes MobileTracker services must enter into a binding contract considering that the laws of applicable Customer's jurisdiction permit the usage of such services. Any person entering into the binding contract with us must be at least 12 years old or older (whichever dictates the legal age in applicable jurisdiction) to enter the service contact. If the following TOS are accepted on behalf of another legal party other than the one who initiated the contract, such as an organization, company, government or other legally established entity, a Customer must warrant that he or she is authorized and bears the authority on behalf of the entity to contract under our TOS. The "Customer" in the scope of this agreement shall further refer to the entity that indirectly or directly enters into this agreement.
- General Data Protection Regulation (GDPR) (EU) Compliance
- MobileTracker data processing services
MobileTracker services allow its Customers to use its data processing services to acquire, store and attach contextual content to individual anonymous visitor records within the contents of website visitor tracking logs. This feature is only allowed to be used with visitors residing outside of European Union residents. You cannot store and attach personally identifiable information about specific visitors if they are identified as EU residents. This is governed by the GDPR compliance. You can, however, store and associate fictitious names with anonymous website visitors as long as this type of data does not allow identifying a particular EU resident.
If you elect to collect or store personally identifiable information using MobileTracker data processor services, these actions must be warranted by the distinct purpose of service utilization, where such actions are absolutely necessary for an entity's operation (e.g., security provisions to detect and prevent billing fraud, company terms of service violations monitoring, etc.). As MobileTracker Customer, you will bear a full legal responsibility to the fullest extent of the applicable law and hereby release and agree to indemnify and hold harmless MobileTracker from any and all liability that may arise from all claims, liabilities, demands, suits, causes of actions or proceedings arising from the negligent acts.
- Data privacy and restrictions for collected and processed information by MobileTracker
As a Customer, you must not allow any third party to utilize MobileTracker services to track or collect personally identifiable information of Internet users. This includes an absolute prohibition from association or linking of personally identifiable information to any website data collected and processed with MobileTracker unless warranted by the terms of intended usage, in which case the Customer will bear a full legal responsibility to the fullest extent of the applicable law.
b. Statement of usage of third party tracking services
c. Statement of usage of essential to website function cookies and optional cookies that are non-essential to website operations
By utilizing MobileTracker, end-user acknowledges and agrees that the data under each end-user's account must remain entirely private. The data, however, can be optionally shared (if data is not a subject to limitation of applicable laws, such as GDPR) by the end-user via enabling a data sharing option under the end-user's account. The option grants MobileTracker a permission to make the end-user's website statistical data public for end-user and grants the right to MobileTracker to use such data for promotional or other purposes if required.
- Free and Premium Subscriber Services
At its discretion and availability, MobileTracker can provide two tiers of service - free tier supported by third-party advertisements placed on the public and subscriber-only pages and a premium service that is subject to limitation of scalability. MobileTracker reserves the right to change the availability of both tiers and may change its fees and payment policies from time to time. Unless otherwise stated, all service fees are reflected in U.S. Dollars. Any balance that is outstanding is immediately due and payable upon termination of the Agreement and any expense collection (which may include legal attorney's costs) incurred by MobileTracker shall be included in the outstanding amount owed. Free service is provided for a limited term as specified at the time of the initial subscription, after which the availability of free service renewal is subject to availability per terms of this user agreement.
Any features available through the MobileTracker subscription tiers are subject to revisions, upgrade or downgrade at any time without prior end-user notifications.
- Subscriber Account Security and Credentials
To utilize MobileTracker service, a subscriber must complete a registration form and process it by the mechanism provided by MobileTracker. This registration information will require accurate information including an email address and a password. A subscriber is solely responsible for protecting this information safe outside the security measures as provided by MobileTracker. A subscriber must notify MobileTracker immediately if any unauthorized use of MobileTracker account is suspected or any breach of security has occurred. MobileTracker customer service may login to customer's account to maintain security and/or provide customer related service enquiries.
- Non-Exclusive Service License
Subject to applicable terms and conditions of this TOS, MobileTracker grants its website visitors and Customers a non-exclusive, limited, revocable license (non-sublicensable) to use MobileTracker visitor tracking and other tools as provided and to install and copy MobileTracker code, display provided graphic elements on Customer's digital Domain Properties or Third Party Properties and remotely login to MobileTracker subscriber gateway pages to access, view and download data as stored at mobiletracker.org.
Unless otherwise stated, any entity is not allowed to
a. Attempt to access the source code of the software and copy, modify, decompile reverse-engineer, convert, translate, encrypt or create derivative works any content or software or documentation.
b. Sell, assign, transfer, sublease, lease or rent the right to use the software, documentation or its service unless otherwise stated.
c. Remove branding, notices, explicitly posted notifications as provided by the service.
d. Interfere with operation of the service or software and label the data as provided with third-party identification for purposes of gaining the ownership or any other purpose pertaining the generated service reports and graphic and data tools as provided to be used on service subscriber websites.
MobileTracker provides no exclusive guarantees for the service availability or the physical safety of the data stored on its servers.
The end-user agrees to defend, indemnify and hold MobileTracker harmless from and against any and all claims, liability, losses and any other expenses that may arise, including but not limited to attorney's fees that may follow the end-user's violation of this agreement or copyright law, local jurisdiction laws, breach of privacy or security rights for the proprietary technology developed by MobileTracker and other technologies utilized. Furthermore, MobileTracker's liability may not exceed the subscription cost of the services provided.
- End-user account termination policy
MobileTracker has the right immediately to terminate any end-user account along with the processed data at without a prior notice if the following conditions are violated:
a. The end-user agrees not to utilize any means of obstructing the view or alter the style of installed tracker icons. The icons must be visible in their entirety unless an appropriate subscription plan allowing hiding the trackers is purchased.
b. The end-user agrees not to use any means of automatic page reloading for the purpose updating the visual or otherwise resulted service feedback stats in the membership area. Such methods consume unnecessary server bandwidth.
c. Under no circumstances, an end-user will use MobileTracker trackers for emails and on sites that include malicious content, adult or hate related materials.
d. MobileTracker cannot be utilized on web sites that contain adult material, web sites that encourage racism, any kind of discrimination, and web sites related to hatred, violence, religious persecution or the initiation of force against others.
e. Both MobileTracker and the end-user own the right to utilize the data captured and processed on as needed basis.
- Service Fulfillment Terms
Service Delivery Terms
All MobileTracker subscriptions are activated within 10 minutes if paid via electronic methods such as credit card or PayPal. If paid by check, please allow up to 7 business days for your payment to clear.
Return & Cancellation Policy
All premium subscription services provided by MobileTracker are subject to a 30-day satisfaction guarantee, unless otherwise stated. First month subscription fee refunds are subject to review where a customer feedback is required in order to improve the quality of services provided. To cancel a subscription and request a refund for the first month of service, a MobileTracker subscriber must submit a technical support ticket. There will be no refunds for the usage of service beyond the 30-day period, although a subscriber can cancel his or her yearly subscription at any time.
- Limitation of Liability
To the full extent and as permitted by an applicable law, MobileTracker will not be liable for any lost revenue, whether direct, indirect, incidental or a consequential, including damages, even if MobileTracker operators and subsidiaries and affiliates should have been aware of that the damages had a possibility of occurrence, MobileTracker's liability to Customers or any other entities for any loss or damages occurred as a result of demands, claims or actions related to this agreement will not exceed $350 (USD).
- Other terms and conditions
a. MobileTracker reserves the right to change the terms of usage, policies and provisions at any time without direct end-user notifications or immediate posting of the revised terms and conditions on its web site.
b. MobileTracker retains all the ownership rights and copyright for all materials related or produced by MobileTracker such as identity, trademarks, developed software including its trade secrets, logos, databases, collective web site reports and any other content hosted or otherwise provided via mobiletracker.org and its subdomains presence.
c. MobileTracker is not to be kept liable for any damages, direct or consequential that may arise from usage of the service, a failure to provide the service or an immediate termination of the service without end-user notification. MobileTracker does not guarantee service availability and is not responsible for damages resulting from interruption of the service or data loss that may occur due to circumstances beyond reasonable MobileTracker control.
d. If the agreement (the "Subscription") is terminated by either end-user or MobileTracker or both, the end-user and MobileTracker, the end-user agrees to remove any trademarks, logos and code from all websites in control that have been processed by MobileTracker. Furthermore, by canceling a subscription, either free or premium, the end-user therefore agrees that his or her account along with any data acquired, will be permanently terminated by the system without an option of recovery.
e. The end-user accepts a full responsibility for placing a MobileTracker tracking device on one or more web pages or other implementations where personal tracking is possible and bears sole responsibility for following the visitor tracking laws that may be applicable such as those legislated in European Union.
g. MobileTracker cannot be utilized on pages where purchasing or otherwise utilizing of low quality and/or invalid sources of visitor traffic is an ongoing practice. This practice often delivers bursts of invalid traffic that overloads and places a high demand on MobileTracker server resources preventing other MobileTracker users from utilizing the service. In such case, the abusing accounts can be immediately terminated at our discretion along with the data.
f. MobileTracker cannot be utilized for tracking users in chat rooms, online messaging or emails.