Terms of Service

1. Definitions

• Platform: The Trackingly web application, APIs, and related services.
• User: Any individual or entity that creates an account and uses the Platform.
• Subscription: A paid plan that grants access to Platform features and services.
• Content: Data, campaigns, automation workflows, and other materials you create or upload.
• Services: Search ads management, social ads campaigns, email campaigns, analytics, and automation tools provided through the Platform.

2. Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use Trackingly. If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or security breach.

2.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3. Subscription & Billing

3.1 Subscription Plans

Trackingly offers various subscription plans with different features and pricing. Plan details, pricing, and feature availability are displayed on our website and may change from time to time.

3.2 Billing Cycle

Subscriptions are billed in advance on a monthly or annual basis, depending on your selected plan. Your billing cycle begins on the date you subscribe and renews automatically unless cancelled.

3.3 Auto-Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method on file for the applicable subscription fees.

3.4 Price Changes

We may adjust pricing at any time. Price changes will take effect at your next billing cycle, and we will provide advance notice of any increases.

4. Refund Policy

4.1 Eligibility for Refunds

Refunds are available only if you have not used the Platform's core features after subscribing. "Usage" includes, but is not limited to: creating campaigns, connecting ad platform integrations, setting up automation workflows, or sending email campaigns.

4.2 No Refunds After Usage

Once you have used any of the Platform's services, your subscription fee is non-refundable. This applies to both monthly and annual subscriptions.

4.3 How to Request a Refund

To request a refund, contact us at contact@trackingly.ai within 7 days of your subscription date. Include your account email and reason for the refund request. We will review your account activity and respond within 5 business days.

5. Permitted Use

You may use Trackingly to:

• Manage and optimize search advertising campaigns (Google Ads, Bing Ads, etc.).
• Create and manage social media advertising campaigns (Meta Ads, TikTok Ads, etc.).
• Design and execute email marketing campaigns.
• Analyze campaign performance and generate reports.
• Set up automation workflows to optimize your marketing efforts.
• Collaborate with team members on marketing initiatives.

6. Prohibited Conduct

You agree not to:

• Use the Platform for any illegal, fraudulent, or harmful purpose.
• Send spam, unsolicited messages, or violate anti-spam laws (CAN-SPAM, GDPR, etc.).
• Upload malicious code, viruses, or any harmful content.
• Attempt to gain unauthorized access to our systems or other users' accounts.
• Reverse engineer, decompile, or disassemble any part of the Platform.
• Resell, sublicense, or share your account access with unauthorized parties.
• Use the Platform to promote illegal products, hate speech, or harmful content.
• Circumvent any usage limits, security measures, or access controls.

7. Intellectual Property

7.1 Our Ownership

Trackingly and all associated trademarks, logos, software, features, and content are owned by Graviti Technologies Inc. Your subscription grants you a limited, non-exclusive, non-transferable license to use the Platform for its intended purpose.

7.2 Your Content

You retain ownership of the content you create and upload to the Platform. By using our services, you grant us a limited license to process, store, and display your content as necessary to provide the services.

8. Third-Party Integrations

Trackingly integrates with third-party services including:

• Advertising platforms (Google Ads, Meta Ads, TikTok Ads, Microsoft Advertising)
• Email service providers and SMTP services
• Analytics and tracking tools
• Payment processors (Stripe, PayPal)

Your use of third-party integrations is subject to those services' terms and policies. We are not responsible for the availability, accuracy, or conduct of third-party services.

9. Data & Privacy

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring that your use of the Platform complies with applicable data protection laws, including obtaining necessary consents from individuals whose data you process through our services.

10. Service Availability

10.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted access to the Platform. Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

10.2 Modifications

We reserve the right to modify, suspend, or discontinue any feature or service at any time. We will provide reasonable notice of significant changes when possible.

11. Limitation of Liability

11.1 Disclaimer of Warranties

The Platform is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

11.2 Liability Cap

To the maximum extent permitted by law, Graviti Technologies Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability for any claims arising from your use of the Platform shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Graviti Technologies Inc., its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your violation of these Terms.
• Your use of the Platform.
• Your content or marketing campaigns.
• Your violation of any third-party rights or applicable laws.

13. Termination

13.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

13.2 Termination by Us

We may suspend or terminate your account immediately if you violate these Terms, engage in prohibited conduct, or fail to pay subscription fees. We may also terminate accounts that remain inactive for an extended period.

13.3 Effect of Termination

Upon termination, your right to use the Platform ceases immediately. We may delete your account data after a reasonable retention period, as described in our Privacy Policy.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles.

14.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at contact@trackingly.ai to attempt to resolve any dispute informally.

14.3 Arbitration

Any disputes that cannot be resolved informally shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

15. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through an in-app notification at least 30 days before the changes take effect.

Your continued use of Trackingly after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Platform and cancel your subscription.

16. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Trackingly.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights to a successor or affiliate.

17. Contact Us

If you have questions about these Terms, please contact us:

Graviti Technologies Inc.
Email: contact@trackingly.ai