Terms and Conditions of Use

Date of last revision: July 24, 2018

Welcome to the https://evertrack.io website (the “Site”). These Terms and Conditions (“Terms”) describe the terms and conditions applicable to your access and use of the Site and the services made available through the Site (collectively, the “Services”). These Terms set forth the terms and conditions under which Evertrack (“Evertrack,” “we,” “us,” or “our”) provides you access to the Site and the Services. The words "Customer" and "you" refer to the purchaser of our Services, whether an individual, corporation, or other entity. You may not use these services unless you accept these Terms and have the power and legal right to form a contract with us. Any individual purchasing or using our services in the name of a company or other organization represents and warrants that he or she is authorized and intends by those actions to bind the company or other organization to these Terms.

Evertrack reserves the right to update and change these Terms without notice. Any new features that augment or enhance the current Services, shall be subject to the Terms. Continued usage of Services after any of such changes shall constitute your consent to such changes.

Evertrack may make changes to the Site and/or the Services at any time. You understand that Evertrack may discontinue or restrict your use of the Site and/or Services for any reason or no reason with or without notice.

Please read the Terms carefully before proceeding. If you do not accept these Terms, you must cease to use Services immediately.

YOUR USE OF THE SITE AND/OR THE SERVICES SIGNIFIES THAT YOU AGREE TO THESE TERMS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS, INCLUDING ANY MODIFICATIONS THAT EVETRACK MAKES FROM TIME TO TIME.

Registration

  1. Evertrack provides Services to 18 year old Customers or older. Any access to or use of the Services by anyone under 18 is expressly prohibited. By accessing or using the Services you represent and warrant that you are 18 or older.
  2. To make use of Services it is necessary to create an account at Evertrack platform (“Account”).
  3. As part of creating an Account, Customer needs to provide their full legal and business name, a valid email address, and any other information requested during the signup process.
  4. Customer will identify an administrative username and secure password for his Account.
  5. Customer is responsible for all content and activity that occurs under their Account.
  6. Your Account is strictly personal and may not be used by anyone else. You may not impersonate any other person in any registration whether or not that other person is a user of the Service.
  7. If you manage more than one business entity, you must create a new Account for each and every different business entity. If you fail to do so, we reserve the right at our discretion to block, cancel or remove an Account of any person who in our opinion possesses more than one Account at any time.
  8. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  9. We reserve the right to terminate your registration immediately without notice if in our opinion you have breached the terms outlined above.
Use of Site and Services

TO NOTE: Evertrack is currently provided as a live demo version that Customer can access after registration.

  1. You will access the Evertrack API and Platform Services using the login credentials and Evertrack API Keys assigned to you by Evertrack. Evertrack may monitor your use of the Evertrack API to ensure quality, improve Evertrack products and services, and verify your compliance with these Terms.
  2. Evertrack Services are provided on “as is” and “as available” basis. You acknowledge and agree that Services currently is in “beta” version, therefore, the periods of downtime and non-accessibility may occur. We do not warrant that (i) the Services will meet your specific requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Services will be accurate or reliable, (iv) the quality of any products, the Services, information, or other material purchased or obtained by you through the Services will meet your expectations. Evertrack shall not be liable to you and/or any third party for any loss of data of capacity of your Account due to such technical issues. On its part, Evertrack shall do its best to prevent such occurrences and resolve them at the earliest possible convenience.
  3. You agree that we are not responsible or liable for any data (including content and links) uploaded by you on the Site. We are entitled to remove from the Site any information.
Payment & Fees

  1. Payments will be processed by PayPal, bank card or wire transfer.
  2. Your Evertrack amount will be billed on a monthly basis according to the following procedure: upon initial signup, selection of preferred plan and submitting payment details, the payment processing company shall reserve the amount equal to the cost of chosen plan and charge it immediately. The next payments shall be charged automatically on the first calendar day of every month. To note: in case that you exceed the limits of your plan, the payment for any extra clicks will be charged on your next payment cycle.
  3. All fees are exclusive of all taxes, levies, or duties imposed by tax authorities and payment processing providers. Customer shall be responsible for payment of all such taxes, levies, duties, and fees.
  4. Evertrack does not provide any refunds or credits. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Termination

  1. Customer can cancel their account at any time.
  2. After cancellation take effect, Customer will no longer have access to the platform and its content.
  3. If you cancel the Services before the end of your current paid month, your cancellation will take effect at the end of the current billing period and you will not be charged again.
  4. Evertrack has 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. Such termination of the Services will result in the deactivation or deletion of your Account or your access to your Account and all Content in it. Evertrack reserves the right to refuse Services to anyone for any reason at any time. Evertrack shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the Services.
  5. Evertrack resolves the right to stop providing Services in case that you haven’t paid for your plan and/or have exceeded the limit of your plan. In such cases Evertrack has the right to stop providing Services at any moment without any penalty for Evertrack.
  6. In the event of late payment as described above, Evertrack shall charge an additional late payment fee in the amount of 10% annual interest applied to the amount due.
Service & Pricing Policy

  1. Evertrack reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or part of it) with or without notice.
  2. Prices of all Evertack services, including but not limited to monthly fees, if applicable, are subject to change upon 7 days notice from us. Such notice may be provided at any time by posting the changes to the Site or informing you in writing.
  3. Evertrack shall not be liable to customer or to any third party for any modification, price change, suspension or discontinuance of the Service.
  4. Evertrack offers different Services’ levels. Every Services’ level includes a different number of tracking events (“Tracking Events”). You may upgrade or downgrade your Services at any time during the month of use of Services (the “Paid Month”).
  5. If you choose to downgrade your Services during the Paid Month, your Services will be downgraded immediately. However, the monthly fee will only be adjusted in the next month of the Paid Month. No refunds will be made in relation to any downgrade during the Paid Month.
  6. If you choose to upgrade your Services sending a respective application through Site, your bank card or PayPal account will automatically be charged the new rate, and we will activate the new plan on the next business day following the submission of application and receiving a respective payment. In case of an upgrade, you will be charged with the monthly fee of the higher Services minus the difference between the old and the new monthly fee for the days that have passed (pro rata). If you prefer to pay via wire transfer, Evertrack shall activate your new plan after receiving the full relevant payment to its bank account.
  7. Downgrading your Services may cause the loss of content, features, or capacity of your Account. Evertrack does not accept any liability for such loss.
Data Ownership

  1. "Customer Data" consists of information input into the Services by Customer, Customer's Authorized Users, any data collected by Customer through the use of the Services, or any Partner, and Customer, Authorized User and Partner behavior on the Services, as captured by the Services. Customer shall not collect and shall not enable the collection of Customer Data from individuals in connection with the utilization of the Services without the prior express consent of such individuals. With respect to Customer Data collected by Customer from individuals, Customer will collect, process and disclose, and direct Evertrack to process and disclose, such Customer Data only in accordance with all applicable laws and regulations, its privacy policy, and the requirements of these Terms). You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your personal information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the Customer Data we collect in providing the Site and our Services. We are expressly authorized to make any commercial use of the Customer Data, including without limitation, sharing the Customer Data with third parties, provided that we do not sell, trade, or otherwise transfer from us any part of the Customer Data that personally identifies any of our Site users.
  2. EU Personal Data. Any Customer Data consisting of personally identifiable information or personal data, as such term is defined under the EU General Data Protection Regulation 2016/679 (“Personal Data” and “GDPR” respectively), and the processing thereof, shall be governed under the terms and conditions set forth in the Evertrack Data Processing Agreement (“DPA”). Evertrack shall provide prior notification to Customer in writing of any material change to the DPA (publishing these changes on the Site will be sufficient). The DPA is an integral part of these Terms and the agreement between Customer and Evertrack. Unless otherwise explicitly agreed in writing by the parties, it is agreed and acknowledged that with respect to any Personal Data, Customer shall be deemed the data controller and Evertrack shall be deemed the data processor (as such terms are defined under the GDPR and the DPA).
  3. Prohibited Personal Data. Customer will ensure that Customer Data includes only those data elements explicitly permitted under the Evertrack Privacy Policy (“Permitted Data Elements”). As between Customer and Evertrack, Customer shall be liable for any Customer Data beyond the Permitted Data Elements, and Evertrack shall have no obligations under these Services Terms or the DPA with respect to any such Customer Data. Without limiting the obligations of Customer elsewhere in these Terms or the DPA, unless otherwise expressly agreed in writing between Customer and Evertrack, Customer will not provide or make available to Evertrack: (i) “special categories of personal data” under the GDPR; (ii) any data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, or health or sex life; (iii) any financial account information other than Customer’s own payment information; (iv) any government identification numbers; (iv) any information that Customer knows or reasonably should know concerns any individual under the age of sixteen; or (v) any data that is otherwise subject to heightened restrictions relating to the transmission or processing of data for the jurisdictions in which Customer or Evertrack operate, such as (by way of example only) the Health Insurance Portability and Accountability Act, the Children’s Online Privacy Protection Act, and the standards promulgated by the PCI Security Standards Council.
  4. Privacy. Customer will publish its own Privacy Policy, and will advise in writing to its Partners that they must publish, a privacy policy that (i) discloses and obtains consent to the usage of third-party technology and the data collection and usage resulting from the use of the Services (it being understood that this clause (i) will not be deemed to require those privacy policies to expressly identify Evertrack or the Services, unless otherwise required by applicable law or regulation); (ii) contains a conspicuous live hyperlink to an opt-out website that provides individuals the ability to or contains instructions as to how to opt out of interest-based advertising; and (iii) complies with all applicable laws and regulations.
  5. Treatment of Customer Data. Customer is ultimately responsible for making and keeping current copies of all Customer Data and related information. Evertrack will retain Customer Data subject to any time or storage limitations set forth in the Documentation for the Platform Services, and may delete or decline to store Customer Data older than the prescribed age for deletion, or in excess of the disclosed storage limitation. Evertrack shall not disclose the Customer Data to any third party except (a) as directed by Customer (including by Customer's selection of an optional third party data integration), (b) if such disclosure is made by Evertrack in response to a court order, subpoena or other legal process, and provided that Evertrack has given Customer reasonable notice of such court order, subpoena or other legal process, (c) if such disclosure is made to Evertrack’s service providers in connection with the operation of the Evertrack Service, or (d) if such disclosure is in aggregate non-personally identifiable form.
  6. Ownership. Evertrack agrees that Customer will own all Customer Data, and that Evertrack receives only the right to use the Customer Data in connection with the provision of the Services to Customer. As between Evertrack and Customer, the Services and all software, data and technologies embodied in or used to provide the Services, including any data and information other than Customer Data, and all intellectual property rights in or relating to any of the foregoing, is owned by Evertrack.
  7. Children. The Site and Services are not directed toward children under 13 years of age nor does Evertrack knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not use the Site and Services and in no way do not submit any personally identifiable information to Evertrack.
Confidentiality & Proprietary Rights

  1. Evertrack shall own and retain all right, title and interest in and to the Services and Site, all improvements, enhancements or modifications thereto, any software, applications, inventions or other technology developed in connection with implementation of Services or support, and all intellectual property rights related to any of the foregoing.
  2. Notwithstanding anything to the contrary, Evertrack shall have the right to collect and analyze data and other information relating to any Services provided, including, without limitation, information concerning Customer Data and data derived from there.
  3. No rights or licenses are granted except as expressly set forth herein.
Restrictions and Conditions of Use

  1. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site and/or Services. We reserve the right to add or remove information, content or Services from the Site at any time at our sole discretion with no penalty.
  2. You agree that you will not, in connection with your use of the Site or the Services, violate any applicable law or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Services any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
  3. Notwithstanding anything to the contrary, you may not: (i) remove any proprietary notices from the Services; (ii) cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Services; (iii) sell, assign, rent, lease, act as a service bureau, or grant rights in the Services, including, without limitation, through sublicense, to any other entity without the prior written consent of Evertrack; or (iv) make any false, misleading or deceptive statement or representation regarding Evertrack and/or the Services.
  4. You may not connect to or use the Site and/or Services in any way not expressly permitted by these Terms. Without limiting the foregoing, you agree that you will not: (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Services or otherwise attempt to disrupt the Site and/or Services or any other person’s use of the Site and/or Services; or (b) attempt to gain unauthorized access to the Site, Services, information provided by other users, or the computer systems or networks connected to the Site and/or Services. Furthermore, you may not use the Site or Services to develop, generate, transmit or store information that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another Customer’s use of the Site and/or Services; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; (vi) violates any applicable law, regulation or ordinance; (vii) makes any false, misleading or deceptive statement or representation regarding Evertrack and/or the Services; or (viii) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
  5. Without limiting the foregoing, you further agree not to use our Site and/or Services to: (a) forge headers or manipulate identifiers as a means to mask the origin of any content transmitted through the Services; (b) disrupt the servers or networks connected to the Site; (c) transmit any content, materials or submissions that is unlawful, invasive of another’s privacy, or otherwise objectionable; (d) hurt minors in any way, “stalk” any individuals or gather personal information about other users; (e) pretend to be any person or entity or feign your affiliation with a person or entity; (f) transmit any content, materials or submissions that would infringe upon another’s intellectual property rights or would be considered “spam”, “chain letters” or any other form of solicitation; (g) post any content, materials or submissions that you should not transmit under any contract, law or fiduciary relationship or any content, materials or submissions containing any viruses or programs that would affect functionality; (h) develop password-only, restricted access pages, or hidden pages; and (i) break any applicable laws or regulations or aid any other user in achieving illegal activities.
  6. You may not: (i) copy, reproduce, modify, decompile, disassemble, or reverse engineer the Services or any associated software or materials (except to the extent that applicable law prohibits or restricts reverse engineering restrictions); (ii) provided any third parties with direct access to the Evertrack API or Services; (iii) provide any third parties other than Partners with access to any of the Services, or use any of the Services for time sharing or similar purposes for the benefit of any third party; (iv) remove any copyright or proprietary notices contained in the Services or any output thereof; (v) breach, disable or tamper with, or develop or use (or attempt) any workaround for, any security measure or monitoring system provided or used by Evertrack in connection with the Services or Evertrack API; (vi) access the Services via any bot, web crawler or non-human user except to the extent the Evertrack API permits such access; (vii) introduce into the Services any software, virus, worm, "back door," Trojan Horse, or similar harmful code; (viii) access or use (or permit a third party to access or use) the Services for any unlawful purpose or for purposes of monitoring the availability, performance or functionality of the Services or for any other benchmarking or competitive purposes; or (ix) interfere or attempt to interfere in any manner with the proper workings of the Evertrack API or Services, or engage in any activities that adversely affect the functionality or performance of the Evertrack API or Services. All rights in the Services not expressly granted herein are reserved.
  7. You agree that you will not (a) obtain or attempt to obtain any information from the Services, including without limitation email information of other Customer Account holders or other data; (b) intercept, examine or otherwise observe any proprietary communications protocol used by the Services, whether through the use of a network analyzer, packet sniffer or other device; or (c) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trapdoor, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble, the Site or the Services.
Links to Other Sites

The Site may contain links to third party web sites. Evertrack provides these links to other websites as a convenience, is not responsible for the content of linked third-party sites and does not make any representation regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party web site, you do so at your own risk.

Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. EVERTRACK MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE SITE OR THE SERVICES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND/OR THE SERVICES IS AT YOUR SOLE RISK. EVERTRACK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERTRACK, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR SERVICES, EVEN IF EVERTRACK AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF EVERTRACK OR ANY OF THE RELATED PARTIES EXCEED $1.00. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Evertrack and its affiliates shall be limited to the fullest extent permitted by law.

Indemnification

You agree to indemnify, defend and hold Evertrack and the Related Parties harmless from any and all claims, demands, damages or other losses, including reasonable attorneys’ fees, resulting from or arising out of your use of the Site and/or the Services or any breach by you of these Terms or any other policies that Evertrack may issue for the Site and/or Services from time to time.

Miscellaneous

  1. Force Majeure. Neither party shall be liable for any delay or failure in performance (other than non-payment of amounts owing) due to causes beyond its reasonable control.
  2. Severability. If any part of these Terms is held to be unenforceable or invalid, in whole or in part, by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
  3. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach of that or any other provision.
  4. Governing Law. These Terms will be governed by laws of the Province of British Columbia, Canada. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts located in the of the Province of British Columbia, Canada and the parties irrevocably consent to the personal jurisdiction and venue therein.
  5. Entire Agreement. These Terms constitute the entire agreement and supersede all prior or contemporaneous oral or written agreements regarding the subject matter hereof.

2018 © Evertrack.All rights reserved.
Terms and Conditions.