Trackdesk s.r.o., company registered in the commercial register maintained by the Municipal Court Prague, Section C 364270, identification number 143 49 043, with its registered seat at Slezská 844/96, 130 00 Praha 3 – Vinohrady, Czech republic (hereinafter referred to as the “Provider”), provides its customers (hereinafter referred to as the “Tenant” or the “Tenants”) a web-based application that shall be used for tracking Tenant’s advertising activities in the area of affiliate marketing business (hereinafter referred to as the “Application”), primarily, but not only, to help to market Tenant’s services or products online on third parties websites by advertisements (those third parties hereinafter also referred to as the “Affiliates”).
By accessing and using the Application the Tenant enters into contractual relationship with the Provider (hereinafter referred to as the “Agreement”) and the Tenant acknowledges that he had read and understood these General Terms of Service (hereinafter referred to as the “Terms”) as well as Providers Privacy Policy and that he agreed to by bound by both of them.
Tenant’s declarations
By accessing and using the Application the Tenant declares that:
he is a business entity with full legal capacity without any limitations. The Application is intended for a commercial use only. All users accessing the Application on behalf of a Tenant must be over 18 years old, accessing the Application through an automated solution (a robot) is strictly forbidden.
he is aware that he is solely and fully responsible for the content of his advertisements and its compliance with the laws in all jurisdictions where his advertisements shall be displayed
he provides the Provider with true and accurate data at all times. In case of any changes in Tenant’s data during the relationship with the Provider, the Tenant shall notify the Provider about that without any undue delay. If the data provided are not true and accurate, the Provider reserves a right to block or even cancel the access to the Application with immediate effect.
he is aware that shall be charged by the Provider for the use of Application according to the range of service used
he is aware that he is solely and fully responsible for his relations and obligations towards the third parties (Affiliates) that will help market Tenant’s services or products online on their websites,
he is aware that he is solely and fully responsible for the security of his username(s) and password(s). The Provider shall not be held liable for any damage arising from Tenant’s security failure,
he agrees and understands that the Provider uses hosting partners and other third party vendors to provide the necessary software and hardware to run the Application.
The Application (provided services) and acceptable use
In the Application, the Provider offers to its Tenants different packages with a different range of services, tools and functionalities. Those services, tools and functionalities are designed to facilitate and improve the Tenant’s marketing activities via third parties in the area of affiliate marketing. The detailed content of individual packages is specified on the Providers website as well as the respective subscription fees and other individual conditions.
The Application is a paid service with the exception of the basic free version with limited services, tools and functionalities. Once the Tenant exceeds any of the base free version limits, his access to the Application will be automatically suspended. The Tenant will be offered one of the paid packages and charged with the respective subscription fee by the Provider. For avoidance of any doubts, previous consent of the Tenant is not required for the redirection to one of the paid packages in the Application once any of the base free version limits is reached. The current base free version limits are published at the Providers website and they may be changed unilaterally by the Provider with immediate effect after their publication.
The Application’s paid packages might also have its limits of the range of services, tools and functionalities provided in the respective package. These limits are specified in detail on www.trackdesk.com/pricing. Should the Tenant exceed any of the respective limits applicable to his paid package, an overcharge will be required as specified in detail on www.trackdesk.com/pricing and https://trackdesk.com/overcharge. For avoidance of any doubts, by accepting an offer of one of the paid packages the Tenant gives an express consent to automatic deduction of the overcharge. Tenant further expressly acknowledges that downgrading from a paid package back to a free package is not permitted. In the event that Tenant no longer intends to use the paid package, Tenant has the right to terminate the contract in accordance with the Termination section of the Terms.
Any form of artificial revenue manipulation is strictly prohibited within the Application. This includes intentionally reducing authentic Affiliate-generated revenue figures and such practices are strictly prohibited. Engaging in such activities will result in immediate account termination, in accordance with the Termination section of the Terms. The Provider is fully committed to upholding the integrity of the Application and ensuring its fair and honest use by all its users.
All rights, above all, but not only intellectual property rights, to the Application are licensed to or owned by the Provider. The Application shall not be reproduced, distributed or copied without a prior written authorization by the Provider.
The Tenant shall not use or promote (or instruct others to use) the Application for any fraudulent, illegal or otherwise harmful purpose, above all, but not only limited to any criminal behavior, terrorism, pornographic or defamatory material. The Tenant shall not use any software or other technical device to attempt to interfere with the proper functioning of the Application.
Price
The price for the services provided in the Application is billed as a monthly/yearly subscription fee (with rate based on a concrete package chosen by the Tenant). The monthly/yearly subscription fee shall be always paid in advance. The overcharge is due immediately after the end of a period for which it is charged. The Provider shall charge the monthly/yearly subscription fee from Tenant’s account by the means of Tenant's payment card or by a different payment method, if specifically agreed between the Provider and the Tenant in writing.
All subscription fees and overcharges are listed in the Provider's price list published on www.trackdesk.com/pricing and https://trackdesk.com/overcharge.
All subscription fees are exclusive of all taxes and/or any other duties imposed by the respective tax authorities. The Tenant is solely and fully responsible for his tax payments and tax reporting duties.
Liability
The Application is provided “as-is” without any warranty of any kind, unless specified otherwise in a separate Insertion order. The Provider undertakes to exert reasonable effort to ensure the accessibility and functionality of Application. However the access to the Application may be occasionally restricted due to maintenance, repairs or introduction of new features. Additionally, the Application may be occasionally affected by circumstances beyond Providers reasonable control. For avoidance of any doubts, a right to a discount as a right to terminate the Agreement immediately are explicitly excluded in case of temporary unavailability (inaccessibility) of the Application or its parts (individual functionalities).
To the maximum range permitted by law, the Provider is not liable for any damage arising out of or relating to the access, use or inability to use of the Application. The Provider is not liable for the content and/or form of Tenant’s advertisements. The Provider shall not be held liable for any damage arising from a breach of a Tenant’s obligation to pay the relevant Affiliate in a complete and timely manner.
To the maximum range permitted by law, the Provider is not liable for any loss or damage caused by viruses or other technologically harmful material that may infect the Tenant’s computer equipment or data due to the Tenant's access to the Application or the Providers websites.
If the Provider is addressed by any subject (including, but not limited to any state authority), regardless of jurisdiction, with an assertion that any conduct via the Application is contrary to the law, the Tenant undertakes to shield the Provider and hold him harmless solely at Tenant's expense. In such a case the Provider is also entitled to suspend access to the Application until the situation is corrected or explained to the Providers satisfaction. For avoidance of any doubts the Tenant has no right for any reimbursement or discount for the period of Application suspension. The provisions of this article shall also apply accordingly in the event of an Affiliates assertion of any right towards the Provider.
Termination
The Tenant is entitled to terminate the Agreement without a reason. Termination notice shall be given to the Provider via the Application or sent by the email to support@trackdesk.com. Termination notice shall be considered as delivered immediately when given via the Application or the third working day when sent by the email. The Agreement will be terminated by the end of the last paid subscription period.
The Provider is entitled to terminate the Agreement with immediate effect in case of a Tenant's breach of these Terms, primarily, but not only, in case of using the Application for any illegal purposes. In such a case the Tenant is not entitled to demand a refund of any part of the subscription fee paid. The Tenant shall not violate any laws of the respective jurisdiction in which he advertises his services or products with any help of the Application.
Final provisions
These Terms, our contract & all mutual relations & obligations arising from it are governed by Czech law, in particular by the Act. No. 89/2012 Coll., Civil Code, as amended.
The Provider is entitled to unilaterally change these Terms, provided that they notified Tenants about the amendment. All changes to these Terms are effective immediately upon publication.
The Provider may provide specialized supplemental Terms of Service in the future as he might develop other Services. In such a case, if the specialized supplemental Terms of Services are in conflict with these Terms and it will not be clearly stated in the specialized supplemental Terms of Services otherwise, the special Terms of Service shall prevail.
The Provider and the Tenant agreed that any dispute arising from using of the Application or in relation thereto shall be decided exclusively by the District Court Prague 1 (in case county courts have jurisdiction in the first instance) or by the Municipal Court Prague (in case regional courts have jurisdiction in the first instance).
These Terms might be available in different language versions. In case of any discrepancy between the English language version & any other version, the English language version shall prevail.
These Terms are valid & effective from 11.12.2023.