MobileTracker Service Terms and Conditions
This Agreement, known as the Terms of Service Agreement, is hereby established and is effective between MobileTracker, referred to as "MobileTracker," and the user of MobileTracker, hereinafter referred to as "Customer," "Subscriber," "Data Controller," "Entity," "End-user," or "You."
These Terms of Service outline your rights and responsibilities and establish the terms and conditions governing the utilization of MobileTracker's tracking services for website visitors ("Internet users"). This agreement is applicable to various service access points, including but not limited to 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 any other means through which the service is provided. This also includes any software provided for installation on Customer's websites and within applications.
Carefully review these terms and conditions before utilizing the MobileTracker Service. Your use of the MobileTracker service implies your legal acceptance of these Terms and Conditions, the Privacy Policy, and any relevant addendum(s) as specified in this document. If you do not agree with these terms, you are not authorized to use the MobileTracker service. Furthermore, you must accept that the use of MobileTracker services is at your own risk and is provided on an "as provided and as available" basis.
- Eligibility for MobileTracker Services
Any entity intending to use MobileTracker services must enter into a binding contract in accordance with the laws of the relevant jurisdiction permitting such usage. Individuals entering into this contract must be at least 12 years old or the legal age as defined by the applicable jurisdiction. If this TOS is accepted on behalf of a legal entity other than the initiating party (such as an organization, company, government, or legally established entity), the Customer must confirm their authorization and authority to enter into this TOS on behalf of that entity. In the context of this agreement, "Customer" also refers to the entity that enters into this agreement, either directly or indirectly. - Privacy Policy
MobileTracker's privacy policy governs the handling of information collected through end-user interactions with mobiletracker.org and its subdomains. By accepting these TOS, end-users must fully understand and accept our privacy policy as an integral part of this agreement.
Access our privacy policy at https://www.mobiletracker.org/privacy.htm - General Data Protection Regulation (GDPR) (EU) Compliance
Starting from May 25th, 2018, MobileTracker, acting as a Data Processor, provides tools to assist its end-users in complying with applicable laws. As an essential part of this Privacy Policy, which must be accepted by MobileTracker end-users, a GDPR Data Processing Addendum has been updated and can be found at https://www.mobiletracker.org/gdpr-data-processing-addendum.htm - MobileTracker Data Processing Services
MobileTracker services enable Customers to use data processing services for acquiring, storing, and associating contextual content with individual anonymous visitor records within website visitor tracking logs. This feature is only permitted for visitors residing outside the European Union. Storing personally identifiable information about specific visitors identified as EU residents is prohibited, in compliance with GDPR.
If you choose to collect or store personally identifiable information using MobileTracker data processing services, such actions must be justified by the specific purpose of service utilization, where they are essential for the entity's operation (e.g., security measures to detect and prevent billing fraud, monitoring of company terms of service violations, etc.). As a MobileTracker Customer, you are fully legally responsible to the extent of applicable law and release and agree to indemnify and hold MobileTracker harmless from any liability arising from claims, liabilities, demands, suits, causes of action, or proceedings resulting from negligent acts. - Data Privacy and Restrictions on Collected and Processed Information by MobileTracker
As a Customer, you must not allow any third party to use MobileTracker services to track or collect personally identifiable information from Internet users. This includes the absolute prohibition of associating or linking personally identifiable information with any website data collected and processed using MobileTracker, unless justified by the intended usage terms. In such cases, the Customer assumes full legal responsibility in accordance with applicable laws.
A MobileTracker Customer must maintain a privacy policy that defines the permitted use of collected information in compliance with applicable jurisdictional laws. This policy must include, but is not limited to:
a. An easily accessible transparent privacy policy for all website visitors.
b. A statement regarding the usage of third-party tracking services.
c. A statement regarding the usage of essential cookies for website functionality and optional non-essential cookies.
By using MobileTracker, the end-user acknowledges and agrees that data under each end-user's account must remain private. However, the data can be optionally shared (if not restricted by applicable laws like GDPR) by enabling a data-sharing option under the end-user's account. This option grants MobileTracker permission to make the end-user's website statistical data public and allows MobileTracker to use such data for promotional or other purposes as required. - Free and Premium Subscriber Services
MobileTracker may, at its discretion and availability, offer two service tiers: a free tier supported by third-party advertisements on public and subscriber-only pages, and a premium service subject to scalability limitations. MobileTracker reserves the right to change the availability of these tiers and may modify its fees and payment policies from time to time. Unless otherwise stated, all service fees are denominated in U.S. Dollars. Outstanding balances become immediately due and payable upon agreement termination, with expense collection (including legal attorney's costs) included in the outstanding amount owed.
Free service is provided for a specified term, as indicated during initial subscription, with free service renewal subject to availability per the terms of this user agreement. Features available through MobileTracker subscription tiers may be revised, upgraded, or downgraded at any time without prior notice to end-users. - Subscriber Account Security and Credentials
To use MobileTracker services, subscribers must complete a registration form and follow the provided registration process. This information requires accurate details, including an email address and password. Subscribers are solely responsible for safeguarding this information beyond the security measures provided by MobileTracker. Subscribers must immediately notify MobileTracker of any suspected unauthorized account use or security breaches. MobileTracker customer service may log into the customer's account to maintain security and provide customer-related support. - Non-Exclusive Service License
Subject to the terms and conditions of this TOS, MobileTracker grants its website visitors and Customers a non-exclusive, limited, revocable license (non-sublicensable) to use MobileTracker's visitor tracking tools, install and copy MobileTracker code, display provided graphic elements on Customer's digital Domain Properties or Third Party Properties, and remotely access MobileTracker subscriber gateway pages to view and download data stored at mobiletracker.org.
Unless otherwise stated, entities are not allowed to:
a. Attempt to access the source code of the software or copy, modify, decompile, reverse-engineer, convert, translate, encrypt, or create derivative works from any content, software, or documentation.
b. Sell, assign, transfer, sublease, lease, or rent the right to use the software, documentation, or its service unless expressly permitted.
c. Remove branding, notices, or explicitly posted notifications provided by the service.
d. Interfere with the operation of the service or software and label the data with third-party identification to claim ownership or for any other purpose related to service reports and tools provided for use on service subscriber websites. - Indemnification
MobileTracker does not provide exclusive guarantees for service availability or data safety on its servers.
End-users agree to defend, indemnify, and hold MobileTracker harmless from any claims, liability, losses, and expenses, including attorney's fees, arising from the end-user's violation of this agreement, copyright law, local jurisdiction laws, breach of privacy or security rights, or proprietary technology developed by MobileTracker and other technologies used. Furthermore, MobileTracker's liability will not exceed the subscription cost of the services provided. - End-user Account Termination Policy
MobileTracker reserves the right to terminate end-user accounts and delete processed data without prior notice if the following conditions are violated:
a. End-users must not use any means to obstruct the view or alter the style of installed tracker icons, which must remain visible unless an appropriate subscription plan allowing tracker hiding is purchased.
b. End-users must not employ automatic page reloading to update visual feedback stats in the membership area, as this consumes unnecessary server bandwidth.
c. End-users are prohibited from using MobileTracker trackers for emails and on sites featuring malicious content, adult content, or hate-related materials.
d. MobileTracker may not be used on websites containing adult content, websites promoting racism, discrimination, hatred, violence, religious persecution, or the initiation of force against others.
e. Both MobileTracker and the end-user have the right to use the captured and processed data as needed. - Service Fulfillment Terms
Service Delivery Terms
All MobileTracker subscriptions are activated within 10 minutes when paid via electronic methods such as credit card or PayPal. If paying 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. Refunds of the first-month subscription fee are subject to review, requiring customer feedback to improve service quality. To cancel a subscription and request a refund for the first month of service, a MobileTracker subscriber must submit a technical support ticket. No refunds will be issued for service usage beyond the 30-day period, although subscribers can cancel yearly subscriptions at any time. - Limitation of Liability
To the fullest extent permitted by applicable law, MobileTracker will not be liable for any lost revenue, whether direct, indirect, incidental, or consequential, including damages, even if MobileTracker, its operators, subsidiaries, and affiliates were aware of the possibility of such damages. MobileTracker's liability to Customers or any other entities for any loss or damages arising from demands, claims, or actions related to this agreement will not exceed $350 (USD). - Other Terms and Conditions
a. MobileTracker reserves the right to change terms of usage, policies, and provisions at any time without direct notifications to end-users or immediate posting of revised terms and conditions on its website.
b. MobileTracker retains ownership rights and copyright for all materials related to or produced by MobileTracker, including identity, trademarks, developed software (including trade secrets), logos, databases, collective web site reports, and any other content hosted or provided via mobiletracker.org and its subdomains.
c. MobileTracker is not liable for any damages, whether direct or consequential, resulting from service usage, failure to provide service, or immediate termination of service without end-user notification. MobileTracker does not guarantee service availability and is not responsible for damages resulting from service interruption or data loss beyond reasonable control.
d. Upon agreement termination by either end-user or MobileTracker, the end-user agrees to remove trademarks, logos, and code from all controlled websites that have been processed by MobileTracker. Cancelling a subscription, whether free or premium, results in the permanent termination of the end-user's account and data, with no option for recovery.
e. The end-user assumes full responsibility for placing a MobileTracker tracking device on web pages or other implementations where personal tracking is possible, complying with visitor tracking laws, such as those in the European Union.
g. MobileTracker may not be used on pages that purchase or use low-quality and/or invalid sources of visitor traffic, which can overload MobileTracker servers and disrupt service for other users. In such cases, abusive accounts may be terminated at the discretion of MobileTracker, along with data erasure without the option of recovery.
f. MobileTracker may not be used to track users in chat rooms, online messaging, or emails.