Tracktl Terms and Conditions of Use
Effective as of 25th May 2018
2 Changes to the Agreements
3 Enjoying Tracktl
4 Rights we grant you
5 Third Party Applications
6 User-Generated Content
7 Rights you grant us
8 User guidelines
9 Infringement and reporting User Content
10 Service limitations and modifications
11 Brand Accounts
12 Tracktl Support Community
13 Customer support
14 Export control
15 Payments, cancellations, and cooling off
16 Term and termination
17 Warranty and disclaimer
19 Third party rights
20 Entire agreement
21 Severability and waiver
24 Contact us
Thanks for choosing Tracktl (“Tracktl”, “we”, “us”, “our”). By signing up or otherwise using the Tracktl service, websites, and native applications (together, the “Tracktl Service” or “Service”), or accessing any content or material that is made available by Tracktl through the Service (the “Content”) you are entering into a binding contract with the Tracktl entity indicated at the bottom of this document. The Tracktl Service also includes the Tracktl Community as further described in the Tracktl Community section.
The Tracktl Service includes social and interactive features. Use of the Tracktl Service relies on several technical requirements.
Please read the Agreements carefully. They cover important information about Tracktl Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.
In order to use the Tracktl Service and access the Content, you need to (1) be 18 or older, or be 14 or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to Tracktl is true, accurate, and complete, and you agree to keep it that way at all times.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through the Customer Service contact form.
3. Enjoying Tracktl
Here’s some information about all the ways you can enjoy Tracktl.
3.1. Our Services & Paid Subscriptions
Tracktl provides services offering a selection of music and other content. Certain Tracktl services are provided to you free-of-charge. Other Tracktl services require payment before you can access them. The Tracktl services that may be accessed after payment are currently referred to as the “Premium Service” and the “Custom Service” (together, the “Paid Subscriptions”). The Tracktl service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.
3.2. Codes and other pre-paid offers
If you have purchased or received a code, pre-paid offer or other offer provided or sold by or on behalf of Tracktl for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Tracktl reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR TRACKTL ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR TRACKTL ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR TRACKTL ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR TRACKTL ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, TRACKTL WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
4. Rights we grant you
The Tracktl Service and the Content are the property of Tracktl or Tracktl's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the Tracktl Service, and a limited, non-exclusive, revocable licence to make use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Tracktl. You promise and agree that you are using the Content for your own use and that you will not redistribute or transfer the Tracktl Service or the Content.
The Tracktl software applications and the Content are licensed, not sold, to you, and Tracktl and its licensors retain ownership of all copies of the Tracktl software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Tracktl trademarks, service marks, trade names, logos, domain names, and any other features of the Tracktl brand (“Tracktl Brand Features”) are the sole property of Tracktl or its licensors. The Agreements do not grant you any rights to use any Tracktl Brand Features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Tracktl Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Tracktl grants no right, title, or interest to you in the Tracktl Service or Content.
5. Third Party Applications
The Tracktl Service is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Tracktl does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
6. User-Generated Content
Tracktl users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, mixtapes, and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted to the Tracktl Support Community as well as any other part of the Tracktl Service.
You promise that, with respect to any User Content you post on Tracktl, (1) you have the right to post such User Content, and (2) such User Content, or its use by Tracktl as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Tracktl or any artist, band, label, entity or individual without express written consent from such individual or entity.
Tracktl may, but has no obligation to, monitor, review, or edit User Content. In all cases, Tracktl reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Tracktl’s sole discretion, violates the Agreements. Tracktl may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Tracktl is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST TRACKTL RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD TRACKTL HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
7. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right (1) to allow the Tracktl Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Tracktl Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties. Some Content licensed or provided to Tracktl (e.g. mixtapes) may contain advertising as part of the Content. In such cases, Tracktl will make such Content available to you unmodified.
If you provide feedback, ideas or suggestions to Tracktl in connection with the Tracktl Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Tracktl to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Tracktl a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
8. User guidelines
Tracktl respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service, to make sure Tracktl stays enjoyable for everyone. Please follow these rules and encourage other users to do the same.
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Tracktl Service or the Content, or otherwise making any use of the Tracktl Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Tracktl Service or the Content or any part of it;
- using the Tracktl Service to import or copy any local files you do not have the legal right to import or copy in this way;
- transferring copies of cached Content from an authorized Device to any other Device via any means;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Tracktl Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Tracktl, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Tracktl Service or the Content;
- circumventing any territorial restrictions applied by Tracktl or it licensors;
- artificially manipulating the Services by using a script or other automated process;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Tracktl Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- providing your password to any other person or using any other person’s username and password;
- “crawling” the Tracktl Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Tracktl; or
- selling a user account or playlist, or otherwise accepting any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist.
Please respect Tracktl, the owners of the Content, and other users of the Tracktl Service. Don’t engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- is offensive, abusive, defamatory, pornographic, threatening, or obscene;
- is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of Tracktl or a third party;
- includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;
- includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;
- is intended to or does harass or bully other users;
- impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
- uses automated means to artificially promote content;
- involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the Tracktl inbox;
- involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Tracktl;
- links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Tracktl;
- interferes with or in any way disrupts the Tracktl Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Tracktl’s computer systems, network, usage rules, or any of Tracktl’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or
- conflicts with the Agreements, as determined by Tracktl.
You acknowledge and agree that posting any such User Content may result in immediate termination or suspension of your Tracktl account. You also agree that Tracktl may also reclaim your username for any reason.
Please be thoughtful about how you use the Tracktl Service and what you share. The Tracktl Service includes social and interactive features, including the ability to post User Content, share content, and make certain information about you public. Remember that shared or publicly available information may be used and re-shared by other users on Tracktl or across the web, so please use Tracktl carefully and be mindful of your account settings. Tracktl has no responsibility for your choices to post material on the Service.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
9. Infringement and reporting User Content
Tracktl respects the rights of intellectual property owners. If you believe that any Content infringes your intellectual property rights or other rights, please notify us immediately. If Tracktl is notified by a copyright holder that any Content infringes a copyright, Tracktl may in its absolute discretion take actions without prior notification to the provider of that Content. If the provider believes that the content is not infringing, the provider may submit a counter-notification to Tracktl with a request to restore the removed content.
If you believe that any Content does not comply with the User guidelines, please notify us immediately.
10. Service limitations and modifications
Tracktl will make reasonable efforts to keep the Tracktl Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Tracktl reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Tracktl Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Tracktl Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that Tracktl permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), Tracktl will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that Tracktl has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Tracktl and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
11. Brand Accounts
If you establish a Tracktl account on behalf of a company, organization, entity, or brand (a “Brand”, and such account a “Brand Account”), the terms “you” and “your”, as used throughout the Agreements, apply to both you and the Brand, as applicable.
If you open a Brand Account, you represent and warrant that you are authorized to grant all permissions and licences provided in the Agreements and to bind the Brand to the Agreements.
12. Tracktl Community
The Tracktl Community is a place for discussions and exchange of information, tips, and other materials related to the Tracktl Service on social networks and on the web. In addition to the Agreements, you also agree to adhere to the Tracktl Community Guidelines. If you do not agree to the Agreements or the Community Guidelines, you may not use the Tracktl Community.
No User Content or other content posted by Tracktl employees, moderators and/or representatives on the Tracktl Community should be construed as official support provided by Tracktl. For details regarding official content, see the section Customer Support. Any content provided or made available to you on the Tracktl Community by Tracktl employees, moderators, and/or representatives is provided on an “as is” basis without warranties of any kind.
You acknowledge that opinions expressed in User Content on the Tracktl Community are those of contributors of such User Content only and do not reflect the opinions or policies of Tracktl or any of its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, suppliers, or licensors.
13. Customer support
For customer support with account-related and payment-related questions (“Customer Support Queries”), please notify us using the contact form on our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
14. Export control
Tracktl’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and reexport control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Tracktl under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations. This export control clause shall survive termination or cancellation of the Agreements.
15. Payments, cancellations, and cooling off
Paid Subscriptions can be purchased directly from Tracktl or through a third party, such as a telephone company, either by (1) paying a monthly subscription fee; or (2) pre-payment giving you access to the Tracktl Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.
When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Tracktl Premium immediately. If you reside outside the United States and register for a Paid Subscription or Code online, you may change your mind for any or no reason and receive a full refund of all monies paid within twenty-four (24) hours starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed Tracktl at any time during the Cooling-off Period.
Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Tracktl will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service. However, if you cancel your payment or Paid Subscription and/or terminate any of the Agreements (1) after you have accessed Tracktl during the Cooling-off Period, or (2) after the Cooling-off Period is over (where applicable), or (3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method.
If you wish to receive a full refund of all monies paid before the Cooling-off Period is over, you must contact Customer Support.
If you have purchased your Paid Subscription through a third party, your subscription is also subject to the terms of your agreement with that third party (in addition to these Terms). To cancel your subscription, you must cancel directly with that third party.
Tracktl may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Tracktl Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Tracktl Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
16. Term and termination
The Agreements will continue to apply to you until terminated by either you or Tracktl. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Tracktl may terminate the Agreements or suspend your access to the Tracktl Service at any time, including in the event of your actual or suspected unauthorised use of the Tracktl Service and/or Content, or non-compliance with the Agreements. If you or Tracktl terminate the Agreements, or if Tracktl suspends your access to the Tracktl Service, you agree that Tracktl shall have no liability or responsibility to you and Tracktl will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Tracktl account, please contact us through the Customer Service contact form which is available on our About Us page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.
Sections 6, 7, 8, 10, 14, 16, 17, 18, 19, 20, 21, 22, 23, and 24 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
17. Warranty and disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE TRACKTL SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE TRACKTL SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRACKTL AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER TRACKTL NOR ANY OWNER OF CONTENT WARRANTS THAT THE TRACKTL SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, TRACKTL MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE TRACKTL SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT TRACKTL IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE TRACKTL SERVICE. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM TRACKTL SHALL CREATE ANY WARRANTY ON BEHALF OF TRACKTL IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE TRACKTL SERVICE IS TO UNINSTALL ANY TRACKTL SOFTWARE AND TO STOP USING THE TRACKTL SERVICE. WHILE TRACKTL ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TRACKTL, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TRACKTL, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE TRACKTL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TRACKTL HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE TRACKTL SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TRACKTL DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Tracktl’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
19. Third party rights
You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and Tracktl, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Tracktl only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Tracktl, the Agreements constitute all the terms and conditions agreed upon between you and Tracktl and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the Tracktl Service may be governed by additional agreements. That could include, for example, access to the Tracktl Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on Tracktl’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
21. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Tracktl or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Tracktl’s or the applicable third party beneficiary’s right to do so.
Tracktl may assign the Agreements or any part of them, and Tracktl may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Tracktl harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the Tracktl Service; and (4) your violation of any law or the rights of a third party.
24. Contact us
If you have any questions concerning the Tracktl Service or the Agreements, please contact Tracktl customer service by visiting the About Us section of our website.
Thank you for reading our Terms. We hope you enjoy Tracktl!
12 rue des clos moreaux
RCS. 795 018 076
© Arkan SAS.