Terms of Service
Please read these Terms of Service ("Agreement") carefully before using the Tracknow affiliate marketing tool (hereinafter referred to as "Service") provided by Tracknow LTD ("Tracknow," "we," "us" or "our"). This Agreement sets forth the terms and conditions governing your use of the Service. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree with any of these terms, please do not use the Service.
Account Registration and Usage
1.1 Eligibility: In order to use the Tracknow Service, you must be at least 18 years old. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Tracknow, and that all information you provide during the registration process is accurate and complete.
1.2 Account Information: During the registration process, you are required to provide accurate and up-to-date information, including your full legal name, a valid email address, and any other information requested by Tracknow. You are responsible for maintaining the confidentiality of your account login credentials, and you are solely responsible for all activities that occur under your account.
1.3 Prohibited Activities: You agree not to engage in any unlawful, fraudulent, or unauthorized activities while using the Service. This includes, but is not limited to, using automated methods or tools to sign up, engaging in spamming or abusive behavior, or violating any applicable laws or regulations.
Additional Acceptable Use Restrictions: You shall not (a) upload viruses, malware, or harmful code; (b) attempt to gain unauthorized access to the Service; (c) reverse-engineer, decompile, or otherwise tamper with the Service; (d) infringe upon the intellectual property rights of others; or (e) use the Service in any manner that could damage, disable, overburden, or impair our systems.
1.4 Termination: Tracknow reserves the right to terminate or restrict your account and access to the Service, at our sole discretion, if we believe you have violated any of the terms and conditions of this Agreement. Termination may result in the deactivation or deletion of your account and any associated content.
1.5 Free Plan: The free plan is designed exclusively for testing and personal use (no commercial use), catering specifically to ecommerce businesses. Entities involved in Finance, Crypto, Gambling, Affiliate networks, Dating or Software-related activities are not eligible for the free plan. Tracknow retains the right to request an upgrade and payment at any stage as deemed necessary.
1.6 Service Data: Notwithstanding anything to the contrary, Tracknow shall have the right to collect and analyze data and other information relating to the provision, use, and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Client Data and data derived therefrom), and Tracknow will be free (during and after the term hereof) to (i) use, manipulate and analyze such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Tracknow offerings, and (ii) disclose such data to third parties solely in aggregate or de-identified form.
Payment and Fees
2.1 Payment Method: Payment for the Tracknow Service will be processed through the available payment methods specified on the Tracknow website. By providing your payment information, you authorize us to charge the applicable fees to your chosen payment method.
2.2 Billing and Fees: The Tracknow Service operates on a subscription basis, and you will be billed in advance on a monthly basis, starting from the date of signup. All fees are exclusive of any applicable taxes, levies, or duties imposed by tax authorities, and you are responsible for paying all such taxes.
2.3 Refunds: Tracknow does not provide refunds or credits for any fees paid, except as required by applicable law.
2.4 Trial and Refund Period: The use of Tracknow LTD products available with a free trial are free of charge for the first 14 days. After that period if the client wishes to continue using our services the client will be requested to make a payment according to current effective price list. As consideration for the Software or Services purchased by You and provided to You by Tracknow, You agree to pay Tracknow at the time of your order. All fees are due immediately and are non-refundable unless otherwise expressly stated, even if your services are suspended, terminated, or transferred prior to the end of the services term. All payments shall be non-cash transactions, conducted electronically by external professional entities. Tracknow expressly reserves the right to modify pricing through email notification and/or notice on its website. The client shall be given a 30-day notice of changes in the price list. Payment may be made by the client by providing either a valid credit card, Paypal or a bank wire transfer. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month you purchase the services. You agree that you are solely liable for arranging that your services are renewed, and that Tracknow shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services.
You may provide notice of cancellation for any reason within fourteen (14) days of having first purchased a Tracknow plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Tracknow plans which are monthly or annual paid plans. The Refund is not applicable to any additional purchases, upgrades, modifications or renewals of services. If Tracknow receives such notice within the applicable period, Tracknow LTD will refund you the amount Tracknow charged you for such affiliate software plan, in the currency you were originally charged in, and cancel them accordingly. Tracknow will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any services actually received, as permitted by law. Cancellation of a transaction is subject to the Israel Consumer Protection Regulations (Cancellation of Transaction) 2010 and the Israel Consumer Protection Law 1981.
2.5 Setup and Support: Setup is incorporated into the pricing of Tracknow plans for Pro, Enterprise, and Network and shall be provided as follows:
- Pro plan: Tracknow will provide a one-time allocation of up to 2 hours for project management, development, and testing to integrate Tracknow with the Client's systems. In the event that the integration project exceeds the allocated 2 hours, Tracknow will notify the Client, and any additional hours required will be billed at the standard developer hour rate.
- Enterprise/Network plan: Tracknow will provide a one-time allocation of up to 4 hours for project management, development, and testing to integrate Tracknow with the Client's systems. In the event that the integration project exceeds the allocated 4 hours, Tracknow will notify the Client, and any additional hours required will be billed at the standard developer hour rate.
Tracknow extends to its clients complimentary educational sessions to improve their proficiency in utilizing the software. Pro plan clients receive two one-hour sessions. Enterprise/Network plan clients receive four one-hour sessions. Additional sessions may be purchased at an additional fee.
Additional Support – Tracknow provides up to 2 hours per month of standard support, with a response time within 4 business days. Any extra hours will be invoiced at $150 USD/hour. Bug fixes and critical issues are not counted toward these hours.
Termination
3.1 Account Cancellation: You have the right to cancel your Tracknow account at any time. Upon cancellation, you will no longer have access to the Service and any associated content.
3.2 Billing Period: If you cancel the Service before the end of your current billing period, your cancellation will take effect at the end of the current billing period, and you will not be charged again.
3.3 Tracknow’s Right to Terminate: Tracknow reserves the right to suspend or terminate your account and refuse any or all current or future usage of the Service, for any reason at any time.
Service and Pricing Modifications
4.1 Modification of Service: Tracknow reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
4.2 Pricing Changes: Tracknow may change the prices for the Service at any time. Users will be given reasonable notice of material pricing changes.
4.3 Availability Disclaimer: Tracknow does not guarantee uninterrupted or error-free operation of the Service. Scheduled maintenance and emergency downtime may occur. Tracknow shall not be liable for any downtime, delays, or data loss caused by external providers or force majeure events.
4.4 Third-Party Services: The Service may integrate with third-party platforms (such as Google, Facebook, or other providers). Tracknow is not responsible for third-party availability, performance, or compliance, and your use of such services is subject to their separate terms and policies.
4.5 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Government of Israel. Any disputes shall be subject to the exclusive jurisdiction of the courts of Tel Aviv, Israel.
Limitation of Liability
5.1 TRACKNOW SHALL HAVE NO LIABILITY WITH RESPECT TO THE SYSTEM OR ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF TRACKNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TRACKNOW’S LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO TRACKNOW UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS.
5.2 You agree to indemnify, defend and hold harmless Tracknow and its affiliates, directors, officers, employees, subcontractors and agents with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Your breach of any representation, warranty, obligation or covenant under this Agreement; or (b) Your gross negligence or willful misconduct.
Intellectual Property
6.1 You declare that you have no intellectual property rights, of any sort, to the Software and the additional solutions provided to you by Tracknow.
6.2 All materials, including software, programs, source code, object code, specifications, documents, and related content developed by Tracknow in connection with the Software and services shall exclusively belong to Tracknow.
Warranties
7.1 We strive to ensure the accuracy of the information on our platform, but we provide the Services, platform, and all related content "as is" and "as available," unless stated otherwise in writing. We make no express or implied representations or warranties about their operation. To the maximum extent allowed by law, we disclaim all express or implied warranties regarding our platform or Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services, platform, related content, or our electronic communications are free from viruses or harmful components.
General Responsibility
8.1 The Client acknowledges and agrees that it is solely responsible for all actions, configurations, and use of the Service under its account, including without limitation its interactions with affiliates, partners, or customers. All activities carried out by the Client through the Service shall be deemed actions of the Client, and Tracknow shall have no liability arising from or related to such actions.
8.2 Affiliate Enrollment and Promotions: If the Client enables or uses any feature of the Service that automatically enrolls affiliates into campaigns, contests, promotions, or other activities, the Client represents and warrants that: (a) such actions are authorized and permitted under the Client’s own affiliate-facing terms and conditions; (b) all necessary disclosures and consents from affiliates have been properly obtained; and (c) such use complies with all applicable laws and regulations. Tracknow expressly disclaims any liability for claims, damages, or disputes arising from the Client’s use of such features.
8.3 Indemnification: Without limiting Section 5.2 (Indemnification), the Client agrees to indemnify, defend, and hold harmless Tracknow from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by affiliates or third parties in connection with (i) the Client’s use of automatic enrollment or promotional features, or (ii) the Client’s failure to obtain valid affiliate consent.
Privacy and Data Protection
9.1 Use of the Service is also governed by Tracknow’s Privacy Policy and Data Processing Agreement (DPA), which are incorporated into these Terms by reference.
Amendments
10.1 Tracknow may revise these Terms from time to time. Material changes will be notified to users via email or prominent notice on the Website. Continued use of the Service after such updates constitutes acceptance of the revised Terms.
Export Compliance
11.1 You represent that you are not located in, under control of, or a national or resident of any country subject to international embargoes, sanctions, or trade restrictions.
Entire Agreement
12.1 This Agreement constitutes the entire agreement between you and Tracknow and supersedes all prior or contemporaneous understandings. If any provision is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
