Please read these Terms of Service ("Agreement") carefully before using the Tracknow affiliate marketing tool (hereinafter referred to as "Service") provided by Tracknow.io (hereinafter referred to as "Tracknow", "we", "us" or "our"). This Agreement sets forth the terms and conditions governing your use of the Service. By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree with any of these terms, please do not use the Service. Account Registration and Usage 1.1 Eligibility: In order to use the Tracknow Service, you must be at least 18 years old. By using the Service, you represent and warrant that you are of legal age to form a binding contract with Tracknow, and that all information you provide during the registration process is accurate and complete. 1.2 Account Information: During the registration process, you are required to provide accurate and up-to-date information, including your full legal name, a valid email address, and any other information requested by Tracknow. You are responsible for maintaining the confidentiality of your account login credentials, and you are solely responsible for all activities that occur under your account. 1.3 Prohibited Activities: You agree not to engage in any unlawful, fraudulent, or unauthorized activities while using the Service. This includes, but is not limited to, using automated methods or tools to sign up, engaging in spamming or abusive behavior, or violating any applicable laws or regulations. 1.4 Termination: Tracknow reserves the right to terminate or restrict your account and access to the Service, at our sole discretion, if we believe you have violated any of the terms and conditions of this Agreement. Termination may result in the deactivation or deletion of your account and any associated content. 1.5 The free plan is designed exclusively for testing and personal use (no commercial use), catering specifically to ecommerce businesses. Entities involved in Finance, Crypto, Gambling, Affiliate networks, Dating or Software-related activities are not eligible for the free plan. Tracknow retains the right to request an upgrade and payment at any stage as deemed necessary. 1.6 Notwithstanding anything to the contrary, Tracknow shall have the right collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning the Client Data and data derived therefrom), and Tracknow will be free (during and after the term hereof) to (i) use, manipulate and analyze such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Tracknow offerings, and (ii) disclose such data to third parties solely in aggregate or other de-identified form. No rights or licenses are granted except as expressly set forth herein. Payment and Fees 2.1 Payment Method: Payment for the Tracknow Service will be processed through the available payment methods specified on the Tracknow website. By providing your payment information, you authorize us to charge the applicable fees to your chosen payment method. 2.2 Billing and Fees: The Tracknow Service operates on a subscription basis, and you will be billed in advance on a monthly basis, starting from the date of signup. All fees are exclusive of any applicable taxes, levies, or duties imposed by tax authorities, and you are responsible for paying all such taxes. 2.3 Refunds: Tracknow does not provide refunds or credits for any fees paid, except as required by applicable law. 2.4 Fees and Payment. The use of Tracknow LTD products available at our website with a free trial are free of charge for the first 14 days. After that period if the client wishes to continue using our services the client will be requested to make a payment according to current effective price list. As consideration for the Software or Services purchased by You and provided to You by Tracknow, You agree to pay Tracknow at the time of your order. All fees are due immediately and are non-refundable unless otherwise expressly stated, even if your services are suspended, terminated, or transferred prior to the end of the services term. All payments shall be non-cash transactions, conducted electronically by external professional entities. Tracknow expressly reserves the right to modify pricing through email notification and/or notice on its web site. The client shall be given a 30 day period notice of changes in the price list. Payment may be made by the client by providing either a valid credit card, Paypal or a bank wire transfer. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month you purchase the services. You agree that you are solely liable for arranging that your services are renewed, and that Tracknow shall not be liable to you or any third party if it is unable to charge your payment method in order to renew your services. 2.5 Setup is incorporated into the pricing of Tracknow plans for Small Business, Enterprise, and Network and shall be provided as following: 1. Small Business plan: 2. Enterprise/Network plan: Tracknow extends to its clients (users who have purchased any plan) complimentary educational sessions, each lasting one hour, as a valuable provision to amplify their proficiency in utilizing the software. For Small business plan - two complimentary educational sessions, each lasting one hour. Any additional sessions beyond this allocated number will incur an additional fee, the details of which will be communicated by Tracknow. The client hereby agrees to the terms stipulated herein and acknowledges the corresponding fees for extra sessions as communicated by Tracknow. For Enterprise/Network plan - four complimentary educational sessions, each lasting one hour. Any additional sessions beyond this allocated number will incur an additional fee, the details of which will be communicated by Tracknow. The client hereby agrees to the terms stipulated herein and acknowledges the corresponding fees for extra sessions as communicated by Tracknow. Bug fixes and Critical issues – These will not be counted as part of your allocated hours of monthly support, and Tracknow will not charge you. Termination 3.1 Account Cancellation: You have the right to cancel your Tracknow account at any time. Upon cancellation, you will no longer have access to the Service and any associated content. 3.2 Cancellation During Current Billing Period: If you cancel the Service before the end of your current billing period, your cancellation will take effect at the end of the current billing period, and you will not be charged again. 3.3 Tracknow's Right to Terminate: Tracknow reserves 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 Service may result in the deactivation or deletion of your account and any associated content. Service and Pricing Modifications 4.1 Modification of Service: Tracknow reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Tracknow shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service. 4.2 Pricing Changes: Tracknow may change the prices for the Service at any time. 4.3 Tracknow reserves the right to modify the pricing of the Service, either temporarily or permanently, with or without prior notice. By using the Service, you acknowledge that Tracknow is not liable to you or any third party for any changes in pricing. 4.4 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Government of Israel, without regard to its conflict of laws provisions. Limitation of Liability 5.1. TRACKNOW SHALL HAVE NO LIABILITY WITH RESPECT TO THE SYSTEM OR ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF THE TRACKNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, TRACKNOW's LIABILITY UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO TRACKNOW UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO ANY CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS AND OTHER TORTS. 5.2. You agree to indemnify, defend and hold harmless tracknow and any of tracknow’s Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party“), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Your breach of any representation, warranty, obligation or covenant under this Agreement; (b) Your gross negligence or willful misconduct; Intellectual Property 6.1. You declare that you have no intellectual property rights, of any sort, to the Software and the additional solutions provided to you by Tracknow. 6.2. All materials, including software, programs, source code, object code, comments to the source or object code, specifications, documents, abstracts, and summaries thereof, developed by Tracknow in connection with the Software and any additional solutions provided, whether individually or jointly with you, shall exclusively belong to Tracknow. Warranties 7.1 We strive to ensure the accuracy of the information on our platform, but we provide the Services, platform, and all related content "as is" and "as available," unless stated otherwise in writing. We make no express or implied representations or warranties about their operation, unless specified in writing. To the maximum extent allowed by law, we disclaim all express or implied warranties regarding our platform or Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not guarantee that the Services, platform, related content, or our electronic communications are free from viruses or harmful components.
You may provide notice of cancellation for any reason within fourteen (14) days of having first purchased a Tracknow plan (the “Refund” and “Refund Period”). The Refund is applicable only to the initial purchase of Tracknow plan which are monthly or annual paid plans. The Refund is not applicable to any additional purchases, upgrades, modification or renewals of services. If Tracknow receives such notice withinin the applicable period, Tracknow LTD will refund you the amount Tracknow affiliate software charged you for such affiliate software plan, in currency you were originally charged in, and cancel them accordingly. Tracknow will not be responsible for any differences caused by change of currency exchange rates or fees you were charged by third parties. After the Refund Period, the Fees paid by you are non-refundable and non-cancellable. In addition, if we find that a notice of cancellation has been given in bad faith or in an illegitimate attempt to avoid payment for services actually received and enjoyed, we reserve our right to still charge the User who provided such notice for any services actually received, as permitted by law. Cancellation of a transaction in accordance with the Israel Consumer Protection Regulations (Cancellation of Transaction) 2010 and the Israel Consumer Protection Law 1981.