Terms of Service
Last Updated: 8/20/2024
Welcome to Clicktracker.com by Traffic Masters LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our affiliate tracking software, including any updates, new versions, and related services provided by us (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1 License
- 1.1 Grant of License: Subject to your compliance with these Terms, Company grants you a non-exclusive, non-transferable, limited license to access and use the Service solely for your internal business purposes.
- 1.2 Restrictions: You shall not:
- 1.2.1 Copy, modify, or create derivative works based on the Service;
- 1.2.2 Reverse engineer, decompile, or attempt to extract the source code of the Service;
- 1.2.3 Lease, sublicense, distribute, sell, or otherwise transfer the Service to any third party;
- 1.2.4 Use the Service to track, monitor, or otherwise interfere with the operations of any third party without their consent.
2 User Responsibilities
- 2.1 Account Information: You agree to provide accurate, current, and complete information when creating your account. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities that occur under your account.
- 2.2 Compliance: You agree to use the Service in compliance with all applicable laws, regulations, and industry standards. You shall not use the Service for any illegal, fraudulent, or unauthorized purpose.
- 2.3 Affiliate Compliance: You are responsible for ensuring that your affiliates comply with all applicable laws and regulations, including but not limited to those related to advertising and privacy.
3 Fees and Payment
- 3.1 Subscription Fees: Access to the Service is provided on a subscription basis. You agree to pay all fees associated with your use of the Service as described on our pricing page or in your subscription agreement.
- 3.2 Payment Terms: Payments are due in advance of the subscription period. If payment is not received by the due date, we may suspend or terminate your access to the Service.
- 3.3 Refunds: All fees are non-refundable unless otherwise specified in a separate agreement.
4 Data Privacy
- 4.1 Data Collection: We collect and process data as described in our Privacy Policy. By using the Service, you consent to such data collection and processing.
- 4.2 Data Ownership: You retain ownership of any data you input into the Service. You grant us a non-exclusive license to use, process, and display this data as necessary to provide the Service.
- 4.3 Data Security: We implement reasonable security measures to protect your data. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.
5 Intellectual Property
- 5.1 Ownership: All intellectual property rights in the Service, including all software, technology, and content, are owned by Company or its licensors. Your use of the Service does not grant you any ownership rights.
- 5.2 Trademarks: Any trademarks, service marks, logos, or trade names displayed on the Service are the property of Company or their respective owners. You may not use them without prior written permission.
6 Term and Termination
- 6.1 Term: These Terms are effective as of the date you accept them and will continue until terminated by either party.
- 6.2 Termination by You: You may terminate your use of the Service at any time by canceling your subscription.
- 6.3 Termination by Us: We may terminate your access to the Service at any time, with or without cause, and without notice.
- 6.4 Effect of Termination: Upon termination, your license to use the Service will immediately cease, and you must discontinue all use of the Service. Any outstanding payments are immediately due.
7 Disclaimer of Warranties
- 7.1 As-Is Basis: The Service is provided "as-is" and "as available." We disclaim all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- 7.2 No Warranty of Availability: We do not guarantee that the Service will be uninterrupted, secure, or error-free.
8 Limitation of Liability
- 8.1 Exclusion of Damages: To the maximum extent permitted by law, Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with these Terms or your use of the Service.
- 8.2 Cap on Liability: Company's total liability for any claim arising out of or related to these Terms or the Service shall not exceed the amount you paid to Company for the Service in the 12 months preceding the claim.
9 Indemnification
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9.1 You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective directors, officers, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service or your violation of these Terms.
10 Governing Law and Dispute Resolution
- 10.1 Governing Law: These Terms are governed by and construed in accordance with the laws of Palm Beach County Florida, without regard to its conflict of law principles.
- 10.2 Dispute Resolution: Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in Palm Beach County, FL. The arbitration shall be conducted in English and in accordance with the rules of the 15th Judicial Circuit of Florida.
11 Miscellaneous
- 11.1 Entire Agreement: These Terms constitute the entire agreement between you and Company regarding your use of the Service and supersede all prior agreements and understandings.
- 11.2 Amendments: We may update these Terms from time to time. Any changes will be effective upon posting the revised Terms on our website. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.
- 11.3 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- 11.4 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
- 11.5 Contact Information: If you have any questions or concerns about these Terms, please contact us at [email protected]
- Traffic Masters LLC
[email protected]
+1 872-255-8677
