We reserve the right to modify this User Agreement at any time, and without prior notice, by posting amended terms on this website. Your continued use of the TrackApps Service indicates your acceptance of the amended User Agreement.
Client - Means a user that signs up for an advertiser profile, an "Client" Trapps Account - Means the creation of one or more user accounts on the TrackApps platform. TrackApps Network - Means a network of publishers, ad networks and ad exchanges that TrackApps uses for the display of Application. Application means TrackApps, and also denoted by APPS. TrackApps Technology - Means technology that allows TrackApps to target and re/target users (based on their behavior) and display to them APPS. Client's Content - Means images, graphics, text, data, link or other objects supplied by the Client to TrackApps for inclusion in the APPS.ckA
The Client acknowledges and accepts the technical requirements and the specificity of the service prior to accepting the User Agreement. The Client commits to implement (and continually comply with) the technical requirements for use of the TrackApps Technology. These technical specifications include all of the following operations: i) including the tags supplied by TrackApps on the Client's website; ii) supplying TrackApps with the catalogue files of the Client's products and services (if applicable) for TrackApps to include in the APPS iii) supplying TrackApps with the Client's logos for the APPS if TrackApps is involved in helping create the APPS. In case of delay in these operations due to the Client, TrackApps does not warrant the dates stated in the Insertion Order. Client shall not modify or attempt to modify the codes or any other program of the Technology.
TrackApps measures, through its servers, the number of impressions and/or clicks and/or other indicators necessary for calculating the charges under this Agreement. Through an online interface, Client may access those statistics on a daily basis. The statistics are updated within a maximum delay of 48h00. To access these measurements, TrackApps grants the Client access to the TrackApps Platform. The Client chooses its password and ID that are personal and confidential. The Client is responsible for the use and storage of its password and ID. Any loss or involuntary disclosure must be immediately notified in writing to TrackApps.
The TrackApps Platform provides the Client with a great deal of transparency and control into making adjustments to their account and campaigns. Any modifications the Client makes in setting up, budget adjustment, launching, pausing or stopping a campaign are the sole responsibility for the Client. Any charges or costs that are a result of changes made by the Client will be included in the Client's regular bill and/or invoice from TrackApps.
All charges and invoices will be based on TrackApps's measurements and tracking and not based upon those of Client or any other party. For accounts that have been set up using a credit card, TrackApps pre-charges the Client on a weekly basis for the weekly budget costs (determined or set by the client). Prior to the start of a new week TrackApps will charge the Clients credit card for the amount necessary in order to begin the week with a balance equal to the desired weekly campaign spend. Should a Client pause a campaign or choose to close their account with TrackApps, the client may request a refund of any funds sitting in their account that remains after the campaign is paused. Requests for such funds must be made within 90 days of the pausing or closing of an account with TrackApps to be eligible for refund. TrackApps will credit or refund any amounts remaining on deposit if Client has met all commitments under this Agreement including complete payment for all Services. For Clients that have signed an IO with TrackApps, TrackApps shall send the Client a monthly invoice reflecting the amount owed by the Client to TrackApps. The Client acknowledges and accepts that TrackApps does not guarantee the budget set up in the Insertion Order will be reached. The Client shall pay the amounts set out in the invoices within 30 days of the date of the invoice. All payments to TrackApps shall be made in United States Dollars(Or Local currencies) and are quoted exclusive of any value added tax which shall be payable at the time and in the manner required by law. TrackApps shall be entitled to charge interest on overdue amounts, from the due date up to the date of actual payment.. Any claim on the invoice can only be raised within one month of receipt.
TrackApps does offer a free trial for first time Clients. As with all TrackApps Accounts there is no cost to the Client for the set-up of an TrackApps account or the creation of a free trial campaign. The paramaters of the Free Trial may be viewed on the TrackApps website (www.TrackApps.com/pricing/standard). There is no cost to set-up and launch the free trial. At the conclusion of the free trial the campaign will automatically continue as a paid campaign, unless the Client pauses the campaign through the TrackApps Platform or instructs TrackApps to pause the campaign by contacting their account manager or emailing email@example.com in advance of the campaigns conclusion. The Client is responsible for any and all costs that occur beyond the outlined parameters of the free trial.
TrackApps also has a referral program whereby users have the opportunity to earn commission based on the spend of clients they refer into the system. In order to be eligible for referral earnings a user must have created an account within the TrackApps system and Client that is being referred must join TrackApps using the users unique referral link. TrackApps agrees to make all referral payments within 30 days after the end of the month in which the referred Client ran a paid App Analytics through TrackApps. TrackApps reserves the right to make adjustments to the referral program at any time and without prior notice.
Neither Party shall acquire any intellectual property right as a result of the APPS display on the supports and each Party remains sole owner of the intellectual property rights it owned prior to the conclusion of the Agreement. TrackApps is sole owner of the data collected from the APPS as a result of its Technology. The Client acknowledges that TrackApps has the right to use and disclose data derived from Client's use of the TrackApps Service (i) as part of its business operations, as long as the use/disclosure of the aggregated data do not individually identify the Client and/or users, (ii) to operate, manage, test, maintain and enhance the TrackApps Service, TrackApps Technology and other TrackApps products, programs and/or services, and (iii) if required by court order or law. For the whole duration of the Agreement, the Client grants TrackApps a worldwide, royalty-free, transferable license to use, reproduce and represent the Client trademarks and logos, to display, reproduce, represent the Client Content and any other creative elements of the APPS (i) on all supports of the TrackApps Network, (ii) on all documentation promoting the TrackApps service. TrackApps shall seek prior authorization from the Client for any press release.
TrackApps shall not be liable for any special, indirect, incidental, consequential, punitive or exemplary damages in connection with this Agreement, even if the Client has been advised of the possibility of such damages. TrackApps shall have no liability, for any failure or delay resulting from any event beyond the reasonable control of TrackApps including without limitation fire, flood, insurrection, war, terrorism, earthquake, power failure, riot, explosion, embargo. To the maximum extent permitted by the law, TrackApps's liability under these Terms, for whatever cause, whether in contract or in tort, or otherwise, will be limited to general money damages and shall not exceed the amount corresponding to the last month invoiced to the Client.
This Agreement shall apply as from the date of the creation of an TrackApps Account and shall expire i) upon the cancellation of the Clients TrackApps account either at the clients request or by TrackApps ii) on the date on which the total amount which the Client will pay to TrackApps for the TrackApps Technology as stated in an Insertion Order is exhausted. The Client may terminate the agreement with immediate effect by written notice to TrackApps: (i) if the other commits a material breach of any of its obligations under this agreement and in the case of a remediable breach, fails to remedy it within seven (7) days of the date of receipt of notice from the other specifying the breach and requiring it to be remedied. TrackApps reserves the right to terminate the agreement with immediate effect at any time and for any reason. Expiration or termination (for any reason) of this Agreement shall not affect any accrued rights or liabilities which either party may then have nor shall it affect any clause which is expressly or by implication intended to continue in force after expiration or termination.
Each party undertakes that it will not at any time hereafter divulge or communicate to any person, except its professional representatives or advisers or as may be required by law or any legal or regulatory authority, the terms and conditions of his contract or any confidential information concerning the business.
The Client shall not without TrackApps's prior written consent assign at law or in equity, sub-license or deal in any other manner with this contract or any rights under this contract, or sub-contract any or all of its obligations under this contract or purport to do any of the same.
This User Agreement shall be governed by and construed in accordance with the laws of the Zurich, Switzerland without regard to conflict of laws principles.
This Agreement may be amended only by a written agreement executed by an authorized representative of each party. The parties acknowledge and accept that electronic format shall be deemed an acceptable means of communication for the execution or sending of an Insertion Order or to modify the terms of an Insertion Order including its renewal. This Agreement constitutes the complete and entire agreement between the parties and shall supersede any and all other prior understandings, commitments, representations or agreements, whether written or oral, between the parties. If any provision of this agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or enforceability shall no effect the other provisions of this agreement which shall remain in full force an effect.
In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under this agreement or by law, be deemed to be or construed as a waiver of that or any other right, so as to bar the enforcement of that, or any other right, power privilege, claim or remedy, in any other instance at any time or times subsequently.
TrackApps, TrackApps.net, the TrackApps logo, and other TrackApps logos and names are trademarks of Snovabits Mobile GmbH. You agree not to display or use these trademarks in any manner without TrackApps's prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of this User Agreement to:
This User Agreement constitutes the entire agreement between you and TrackApps and governs your use of the TrackApps Service, superseding any prior agreements between you and TrackApps.
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