Terms of Service

These Terms of Service (“Terms”) form an agreement between you (“Customer”, “you”) and Xapp Digital Solutions (“we”, “us”), the operator of WebTracko (the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy.

If you use the Service on behalf of an organization, you confirm that you are authorized to accept these Terms for that organization, and “you” refers to that organization.

WebTracko provides a JavaScript tracking script, a data collection API and a web dashboard that show live visitors on your websites, a real-time representation of individual visitor sessions, and historical website analytics. Features are described on our Features page and may evolve over time. We may add, change or remove features, but will not materially reduce the core functionality of a paid plan during a paid period.

• You must provide a valid email address, verify it, and keep your account information accurate.
• You are responsible for keeping your credentials confidential and for all activity under your account. Tell us promptly at info@xappdigital.com if you suspect unauthorized access.
• You must be at least 16 years old and able to form a binding contract to use the Service.

• New accounts receive a 7-day free trial. No payment details are required for the trial. When it ends, data collection pauses until you subscribe.
• Paid plans are billed monthly in advance through our payment processor, Stripe. Current plans and prices are listed on our Pricing page. Plans include a monthly page view allowance across all of your websites.
• If your usage regularly exceeds your plan's allowance, we may ask you to move to a plan that fits your volume.
• Subscriptions renew automatically until cancelled. You can upgrade, downgrade or cancel at any time; plan changes are prorated, and cancellations take effect at the end of the current billing period.
• Fees are exclusive of taxes, which you are responsible for where applicable. Except where required by law, fees already paid are non-refundable.
• If a payment fails, we may suspend data collection after a reasonable grace period until payment is resolved.
• We may change prices with at least 30 days' notice; changes apply from your next billing period.

Enterprise plans may be governed by a separate order form, which takes precedence over these Terms where they conflict.

You may only install the WebTracko script on websites that you own or are authorized to manage. You are the controller of the visitor data collected on your websites and you are responsible for:

• Providing a privacy notice to your visitors that discloses your use of WebTracko.
• Obtaining any consent required by law before data is collected or identifiers are stored in visitors' browsers.
• Using the masking and blocking controls for page content that should not appear in live view, and not displaying sensitive personal data in pages where the script runs unless you have a lawful basis to observe it.
• Complying with all laws that apply to your use of the Service and to your visitors.

We process visitor data only on your behalf and according to your instructions as expressed through your use of the Service, as described in the Privacy Policy. Where required by law, a data processing agreement is available on request at info@xappdigital.com.

You retain all rights to your data. You grant us the limited rights needed to host, process and display it in order to provide, secure and support the Service.

You agree not to, and not to allow others to:

• Use the Service to collect sensitive data such as health information, payment card data or government identifiers, or to observe visitors in breach of applicable law.
• Use the Service to track individuals across unrelated websites, build profiles for advertising, or re-identify visitors.
• Send fabricated, automated or excessive data to the collection API, or attempt to interfere with, overload or circumvent the security of the Service.
• Access another customer's data, probe or scan the Service for vulnerabilities without written permission, or reverse-engineer it except as permitted by law.
• Resell, sublicense or provide the Service to third parties except as part of your own agency or client services for websites you manage.

We may suspend or limit data collection or access if we reasonably believe your use violates these Terms or puts the Service or others at risk.

The Service, including its software, tracking script, design and documentation, is owned by Xapp Digital Solutions and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Service and to install the tracking script on your websites during your subscription. Feedback you give us may be used without obligation to you.

We work to keep the Service available and reliable, but it is provided without a guaranteed uptime commitment unless agreed in a separate Enterprise order form. Planned maintenance, network issues or events beyond our reasonable control may cause interruptions. Support is provided by email at support@webtracko.com.

• You may stop using the Service and delete your account at any time from the Account page. Deleting your account deletes your websites and their analytics data and cancels your subscription.
• We may suspend or terminate your account for material breach of these Terms, non-payment, or if required by law, with notice where reasonably possible.
• Sections that by their nature should survive termination (including fees owed, intellectual property, disclaimers, limitation of liability and indemnity) survive.

Except as expressly stated in these Terms, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Analytics are estimates: bot filtering, ad blockers, browser settings and network conditions mean that reported figures may not capture every visit, and live view is a representation of a visitor's page rather than an exact copy.

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of or related to these Terms. Our total liability for all claims relating to the Service is limited to the amounts you paid us for the Service in the twelve months before the event giving rise to the claim. These limitations do not apply where liability cannot be limited by law.

You will defend and indemnify Xapp Digital Solutions against third-party claims arising from your websites, your visitor data, your failure to provide required notices or obtain required consents, or your breach of these Terms.

We may update these Terms from time to time. We will post the updated version on this page and, for material changes, notify you by email or in the dashboard at least 30 days before they take effect. Continued use of the Service after changes take effect means you accept them.

These Terms are governed by the laws of the jurisdiction in which Xapp Digital Solutions is established, without regard to conflict-of-law rules, and disputes will be resolved by the competent courts of that jurisdiction unless mandatory law provides otherwise. If any provision is held unenforceable, the remainder stays in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy and any order form, are the entire agreement between us about the Service.

Questions about these Terms: info@xappdigital.com.