Terms and Conditions

1. Definitions and Interpretative Framework

In these Terms, unless the context requires otherwise or specific provisions indicate alternative meanings pursuant to established legal interpretation principles:

• "Agreement" means these Terms and Conditions, incorporating all referenced policies, procedures, and documentation, as may be amended, modified, supplemented, or superseded from time to time at our discretion in accordance with applicable law
• "Provider", "we", "us", "our" means the commercial entity providing the Services operating under the business designation Trackr.bot, including all related business operations, agents, and authorized representatives
• "Services" means all website monitoring, content tracking, analytics, and related technological services, software applications, browser extensions, API access, and ancillary services provided through our platform ecosystem
• "User", "Customer", "you", "your" means any individual, entity, organization, or legal person accessing, using, or attempting to use our Services in any capacity
• "Intellectual Property" includes all patents, trademarks, service marks, copyrights, trade secrets, know-how, methodologies, algorithms, proprietary technologies, and other intellectual property rights of any nature
• "Confidential Information" includes all proprietary data, business intelligence, operational methodologies, customer information, technical specifications, and any information designated as confidential

2. Service Provision Framework and Operational Parameters

Our Services are provided under a sophisticated technological framework subject to operational constraints, business requirements, and applicable legal limitations. The following principles govern service provision:

• Services are provided "as is" and "as available" without warranties, representations, or guarantees of any kind, express or implied, to the maximum extent permitted by applicable law
• Operational availability may vary due to maintenance requirements, infrastructure upgrades, security implementations, or third-party dependencies beyond our reasonable control
• Service capabilities are subject to technological limitations, regulatory compliance requirements, and evolving industry standards
• Performance characteristics may fluctuate based on network conditions, target website configurations, and external technical factors
• Service modifications, enhancements, or discontinuations may occur with reasonable notice when required for business operations, subject to applicable consumer protection laws

3. User Obligations and Compliance Framework

3.1 Eligibility Requirements and Legal Capacity

To access our Services, you represent, warrant, and undertake on a continuing basis that you:

• Possess full legal capacity, authority, and power to enter into binding contractual arrangements and fulfill all obligations hereunder
• Are at least eighteen (18) years of age or have reached the age of majority in your jurisdiction of residence or business operations
• Have obtained all necessary internal and external authorizations, approvals, and consents for your intended use of the Services
• Will maintain compliance with all applicable laws, regulations, industry standards, professional codes of conduct, and third-party terms of service throughout the term
• Possess appropriate resources and capabilities to meet all obligations and potential liabilities arising from service usage

3.2 Prohibited Activities and Restricted Uses

You expressly agree not to engage in any of the following activities, and acknowledge that violation may result in immediate termination and legal action to the fullest extent permitted by law:

• Conduct monitoring activities that violate applicable laws, regulations, contractual obligations, or infringe upon third-party rights of any nature
• Attempt to circumvent, disable, reverse engineer, decompile, or interfere with security features, access controls, or technical protective measures
• Deploy automated systems, bots, or scripts to overwhelm, impair, or disrupt our infrastructure or that of third parties
• Extract, derive, or attempt to discover source code, proprietary algorithms, business logic, or confidential methodologies
• Collect, process, or utilize personal data without establishing appropriate lawful basis, obtaining necessary consents, and implementing adequate safeguards
• Violate intellectual property rights including but not limited to copyrights, trademarks, patents, trade secrets, or proprietary technologies
• Resell, redistribute, sublicense, or commercially exploit our Services without express written authorization and execution of separate commercial agreements
• Use Services for competitive analysis, benchmarking, or development of competing products or services without authorization

4. Financial Obligations and Payment Framework

4.1 Pricing Structure and Fee Determination

All fees, charges, pricing structures, and payment terms are subject to modification with reasonable notice based on business requirements. You acknowledge and accept that:

• Subscription fees are charged in advance on a recurring basis and are non-refundable except as specifically provided herein or required by mandatory law
• Usage-based charges, overage fees, and additional service charges are automatically calculated and applied upon exceeding plan limitations or utilizing additional features
• All amounts are exclusive of applicable taxes, duties, governmental charges, payment processing fees, currency conversion costs, and banking charges
• Failed payments, disputed transactions, or chargebacks may result in service suspension, collection activities, and additional fees in accordance with applicable law
• Late payment interest, collection costs, and administrative charges apply to overdue amounts at rates permitted by applicable law
• Price modifications become effective with reasonable notice or as required by applicable consumer protection regulations

4.2 Billing Procedures and Collection Rights

• Automatic renewal of subscriptions occurs with appropriate notice unless cancelled prior to the renewal date through proper cancellation procedures
• Payment method authorization constitutes consent for automatic charging of fees and charges as they become due, subject to applicable payment regulations
• Disputed charges must be reported within thirty (30) days of billing date with comprehensive supporting documentation
• We reserve rights to pursue collection activities, including engaging collection agencies and filing legal proceedings, in accordance with applicable debt collection laws
• Collection costs and legal fees may be recoverable to the extent permitted by applicable law

5. Intellectual Property Protection and Rights Framework

5.1 Intellectual Property Ownership

All elements comprising our Services, including software applications, algorithms, user interfaces, content, trademarks, service marks, methodologies, and proprietary technologies, constitute our exclusive proprietary property or that of our licensors. You receive only a limited, non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms and solely for your authorized purposes.

5.2 User Content and Rights Grant

By uploading, submitting, transmitting, or providing any content, data, information, or materials through our Services, you grant us a worldwide, royalty-free, sublicensable, transferable license (for the duration of intellectual property rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content for purposes related to our business operations, including:

• Service provision, maintenance, enhancement, and development of new features and capabilities
• Research, development, analytics, and improvement of our technological platforms and methodologies
• Marketing, promotional, and business development activities across all media and channels, subject to applicable privacy laws
• Compliance with legal obligations, regulatory requirements, and governmental requests
• Creating anonymized datasets for research and development purposes, subject to applicable data protection requirements

6. Limitation of Liability and Warranty Disclaimers

7. Indemnification Provisions

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the Provider from and against claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services, including any violation of these Terms or applicable laws
• Your breach of any representations, warranties, or obligations contained herein
• Any content you submit, upload, or transmit through the Services
• Your monitoring activities and any resulting claims by third parties
• Any violation of intellectual property rights or privacy rights of third parties
• Any regulatory actions arising from your activities or data processing practices

This indemnification is subject to applicable consumer protection laws and shall not apply where prohibited by mandatory law.

8. Account Termination and Service Discontinuation

8.1 Termination Rights and Procedures

We reserve the right to suspend or terminate your account, subject to applicable law and with appropriate notice where required, for any of the following reasons:

• Any actual or suspected violation of these Terms or applicable laws
• Non-payment of fees or disputed payment transactions
• Suspected fraudulent, abusive, or illegal activities
• Complaints from third parties regarding your monitoring activities
• Technical requirements, security considerations, or operational necessities
• Business operational requirements, subject to applicable notice periods and consumer protection requirements

8.2 Effects of Termination

Upon termination of your account in accordance with applicable law:

• All rights and licenses granted to you cease, subject to any continuing rights under applicable law
• You remain liable for all outstanding fees and charges accrued prior to termination
• We may retain or delete your data in accordance with our Privacy Policy and applicable data protection laws
• Provisions regarding liability limitation, dispute resolution, and intellectual property survive termination
• Refunds may be provided in accordance with our Refund Policy and applicable consumer protection laws

9. Dispute Resolution and Governing Law

9.1 Dispute Resolution Framework

Subject to applicable mandatory consumer protection laws:

• For Business Users: Disputes shall be resolved through binding arbitration administered by the London Court of International Arbitration (LCIA) under its rules
• For Consumer Users: You retain all statutory rights to court proceedings and cannot be required to use arbitration where prohibited by consumer protection law
• Arbitration proceedings (where applicable) shall be conducted in London, England, in the English language
• Small claims and emergency injunctive relief may be pursued in courts of competent jurisdiction
• You may lodge complaints with relevant regulatory authorities and consumer protection bodies

9.2 Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of England and Wales. For consumer contracts, you retain the benefit of mandatory consumer protection laws of your country of residence where they provide greater protection.

10. Data Processing and Privacy Framework

Data processing activities are governed by our Privacy Policy and, where applicable, our Data Processing Agreement. You acknowledge that:

• You are responsible for compliance with data protection laws regarding any personal data processed through the Services
• You must obtain all necessary consents and establish appropriate legal bases for data collection and processing
• We process data according to your instructions within the technical capabilities of our Services and applicable legal requirements
• International data transfers may occur as necessary for service provision under appropriate safeguards
• Data retention periods are determined by your account settings, our operational requirements, and legal obligations

11. Force Majeure and Operational Limitations

We shall not be liable for any delay or failure to perform resulting from circumstances beyond our reasonable control, including:

• Acts of God, natural disasters, pandemic events, or other emergencies
• Government actions, legal restrictions, regulatory changes, or sanctions
• Telecommunications failures, internet outages, or infrastructure disruptions
• Third-party service interruptions or cybersecurity incidents
• Labor disputes, strikes, or other industrial actions
• Supply chain disruptions or material shortages

12. Terms Modification Authority

We reserve the right to modify these Terms with appropriate notice as required by applicable law. Material changes affecting consumer rights will be notified in accordance with applicable consumer protection requirements. Your continued use of the Services following notification constitutes acceptance of modifications, subject to any cooling-off periods required by law.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between the parties and supersede all prior negotiations, representations, or agreements.

13.2 Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

13.3 Consumer Rights Notice

If you are a consumer, you have important rights under consumer protection law. These Terms do not affect your statutory rights that cannot be excluded or limited by law, including rights under the Consumer Rights Act 2015 and distance selling regulations.

13.4 Assignment and Transfer

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms with appropriate notice as required by applicable law.

14. Business Information and Contact Details

For legal notices and official correspondence:

• Business Name: Trackr.bot
• Registered Address: Suite RA01, 195-197 Wood Street, London, E17 3NU
• Legal Notices: [email protected]
• Customer Support: [email protected]
• Complaints Procedure: Initial contact via support, escalation to legal team, external ADR available