Terms of Services
Information We Collect
Before registering on the site you must read and agree to the TOS.
Affiliate as referred to in this document shall mean: A user who joins the Service in order to promote a Subscribers products (normally in exchange for a fee for each sale referred)
Service as referred to in this document shall mean: The facilities and benefits provided by the site at Trackurly.com
Subscriber as referred to in this document shall mean: The user/consumer that has registered and holds a valid username and password to access the Service.
User as referred to in this document shall mean: A person who accesses the site at trackurly.com
Your Products as referred to in this document shall mean: the digital files the Subscriber uploads to Trackurly's servers and any tangible items or services that they create as an item to sell through the Service.
Services Available on the Site
The features that make up the Service are provided to Subscribers as a benefit of membership. Trackurly reserves the right to change, upgrade, or remove any aspect of the Service or alter the plans that features are available on.
Updating of Service
New features that augment or enhance the Service may be released from time to time. Any such features will also be subject to the TOS and continued use of the Service shall constitute your consent to such changes.
Availability of Service
Trackurly attempts to maintain an uptime percentage in excess of of 99.9%. During the day to day running of the Service interruptions may occur due to network failures, server equipment failures and failures of external services that the Service depends on or deployment of software with bugs. Whilst every attempt is made to minimise these disruptions some may be outside the control of Trackurly. Trackurly shall not be held responsible for any loss resulting from disruptions to the Service of any kind.
Trackurly operates on shared resources and aims to provide an equal and fair service to all Subscribers. Should one Subscriber or Affiliate be using a level of resources that jeopardises the ability of other Users to use the Service for its intended use, then Trackurly may take such actions as restricting or suspending the User. In such circumstances Trackurly will attempt to notify the User and allow them to take remedial action. This is not guaranteed and in situations where the ability of the Service to fulfil its intended use is at risk, Trackurly will immediately restrict the account without notification.
To register for an account you must:
- Be 18 years or older to use Service, and old enough to enter into a binding agreement for the sale and purchase of goods and services in your country of residence
- If you are representing a business entity, have the authority to enter into a binding agreement on behalf of the business.
- Be a human. Accounts registered by "bots" or other automated methods are not permitted.
- Enter a valid email address and legal name.
- Agree and abide by the conditions laid out in the TOS.
Subscribers and Affiliates create a password in order to access the Service. These must be kept confidential and must not be shared under any circumstances. Subscribers and Affiliates are responsible for access to their account through the use of their email and password combination and Trackurly will not be held responsible for any loss or otherwise as a result of unauthorised access to their account due to negligence on the account of the Subscriber or Affiliate. Should affiliates or subscribers believe their account details have been compromised they should contact support immediately who will respond to confirm receipt of message. Subscribers and Affiliates will remain liable for any unauthorised access until support has confirmed they have received their notification.
Subscribers and Affiliates may not use their account to attempt to breach the security of another account, the Service in general or to attempt to gain unauthorised access to another network or server. Any such attempts will result in immediate termination of their account.
You retain all rights and intellectual property rights embodied in Your Files, exclusive of any content provided by Trackurly. You are responsible for the content of your files, backing up your files and the sales of your files. Trackurly acts as a technology provider to distribute Your Products and cannot be held responsible for unintended distribution due to incorrect configuration of Products under the Service, for example but limited to, setting the wrong price, setting the wrong stock levels or creating too many discount codes.
Trackurly does not review files that you store with the Service. It is your responsibility to ensure the files are legal and within the conditions laid out in our Acceptable Use Policy. Violations may result in the file being removed or your account being terminated.
Trackurly offers tools to enable Subscribers to leverage Affiliates for the marketing of their product. Whilst Trackurly provides the tooling to enable such relationships it does not have any other part, financial or otherwise, in the relationship between a Subscriber and their Affiliates. Subscribers are responsible for paying Affiliates for referred orders, and Affiliates are responsible for marketing the Subscribers products in such a way that agrees with these Terms and Conditions and any extra Terms and Conditions laid down by the Subscriber and shown on the affiliate program join page. Trackurly shall not be held responsible for any loss resulting from failures of either Subscribers of Affiliates to meet their obligations to each other.
Trackurly may allow certain Subscribers to send their own order emails rather than use the automated system provided by the Service. This is by written agreement in advance only and subject to the following conditions:
- The mechanism used to send the emails be automated and make use of either the Trackurly API, web hooks or other agreed mechanism, to initiate the email being sent
- The order email be sent in a reasonable amount of time after a order is completed and be deliverable to all email address formats
- Include a link to the download URL when digital goods are part of the order
- Make no reference to Trackurly without prior agreement
Trackurly retains the right to switch on order emails if it has reason to believe that the email mechanism provided by the Subscriber is not working. This will normally be determined by issuing a free order of one of the Subscribers products to the Trackurly Support email address and seeing if the order email arrives, but is not guaranteed.
Payment is in advance on the same day each month on the day before the signup date ("bill day"). The first month is a free trial meaning the first payment is not made until one month after joining. During the trial the Subscriber must enter payment details (either debit/credit card, or PayPal subscription) to pay the monthly fee for using the Service. By continuing to use the Service the Subscriber is authorising Trackurly to charge the subscribers chosen payment method to pay for the ongoing cost of membership. Should payment details not be entered during the trial the Subscriber will be suspended from the Service and will no longer be able to access the benefits of membership?
Should a payment be missed (for example, due an expired credit card), Trackurly will contact the Subscriber to inform them of the problem. The Subscriber will then have 14 days to make payment before their account is suspended. Such a period for a missed payment only applies after a successful payment in a previous month has been made. Suspension is immediate after the first month trial if incorrect payment details have been entered.
Trackurly offers a series of plans that give different levels of membership benefits. Subscribers are able to upgrade or downgrade their plan at any point by visiting the Account section of the site. When downgrading the new monthly amount will be charged on the next billing cycle. On upgrading a prorated amount will be charged for the remainder of the current billing cycle. The new monthly charge will then apply from the next bill day.
From time to time Trackurly may alter the benefits provided by each of the plans. Should this be the case subscribers will be notified and given 30 days to decide whether they stay on the same plan, move to a different one or cancel their membership?
For each membership payment made an invoice email is sent to the Subscriber and a copy stored in their account. Any queries relating to these should be directed to the support team.
Refunds will not be given for accounts where a failure to take action, such as cancelling an account, downgrading an account or other, leads to a larger charge than expected on bill day. You are responsible for the plan your account is on at bill day.
Subscribers may cancel their account by using the Close Account button under the account tab, or by contacting support. In such circumstances all data will be lost and will not be recoverable. Trackurly will not be held responsible for any loses when closing an account.
Use of assets belonging to the Service
You may not use the Trackurly logo, colours, site layout or screenshot of the dashboard area without prior written permission.
Use of the Service
The Service is provided on an "as is" basis and is used at your sole risk. You expressly agree that Trackurly, its directors employees and contractors, and its suppliers shall not be liable for direct, indirect, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses resulting from the inability to use the Service, unauthorised access to your account, violation of any applicable law on your part or any other matters relating to the Service. The failure of Trackurly to enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
In no event shall Trackurly, its directors employees and contractors, be responsible for any claims, damages, obligations, losses, liabilities, costs and expenses arising to a) your violation of the TOS) your violation of any law or regulation or c) your use of the Service in anyway.
You may not sell, copy, resell, exploit, or attempt to, any part of the Service or access to the Service.
Violation of Terms of Service and/or Acceptable Use Policy
Violations of any of the terms outlined in the TOS or any of the conditions outlined in the AUP may result in the suspension or termination of your account without prior notice. Trackurly will attempt to notify account holders of violations although such notification is not guaranteed and in severe cases termination will be immediate. Severe cases are determined by Trackurly at its sole discretion.
Should Trackurly suspend your account, the selling of your goods and services (digital, tangible or otherwise) will be immediately halted. Access to other areas of the Service may also be prohibited. Should your account be suspended for more than 14 days then Trackurly reserves the right to delete your account.
Trackurly, at its sole discretion, has the right to suspend your account at any time for any reason. Trackurly will not refund any membership fees paid should an account be terminated.
You shall comply with all applicable domestic and inter nation's laws, status, ordinances and regulations regarding your use of the Service and Your Products. You may not assign, transfer or delegate this agreement, or any part of it. Any assignment, transfer or delegation will result in this agreement becoming null and void.
Notices shall be issued via email to the email address given at registration, or via a general posting to the Service. It is your responsibility to keep your account email address updated. Trackurly shall not be held responsible for any loss resulting from not having received a notification.
If any provision of this agreement is held invalid for any reason, the remaining sections provisions shall continue to be valid and enforceable.
Headings are for reference purposes only and shall not affect the interpretation of this agreement.
Updates to this agreement
This agreement may be updated from time to time without notice upon each subscriber or affiliate.