Terms of Service

These Terms of Service ("Terms") are an agreement between Web Cue LLC (“TrackCrown”) ("we", "us", "our") and the organisation that creates an account for, orders or uses the TrackCrown Service ("Customer", "you"). By creating an account, accepting an order form that refers to these Terms, or using the Service, you agree to these Terms. If you accept them for an organisation, you confirm that you have authority to bind it. The Service is offered to businesses only, not to consumers, and individual users must be at least 18 years old.

1. Definitions#

• "Authorised User" means an individual you allow to use the Service under your account: your employees and contractors, and the partners and advertisers you invite to the portals or give API keys to.
• "Customer Data" means data that you, your Authorised Users or your traffic submit to the Service, including click, impression and conversion records, campaign settings and the contact details of your partners and advertisers.
• "Documentation" means the user guides and API reference we publish for the Service.
• "End User" means an individual who views or clicks your ads or tracking links, or who converts on your or your advertisers' websites.
• "Order Form" means an ordering document or online plan confirmation that refers to these Terms and states the plan, fees, volumes and subscription term.
• "Service" means the TrackCrown web application, partner and advertiser portals, tracking domains and links, APIs, landing-page script and Documentation.
• "Third-Party Platform" means a product or service we do not provide, such as Google Ads, Meta, Microsoft Advertising, TikTok, your partners' tracking systems or your website.
• "Tracking Domain" means a hostname that serves tracking links for your account, whether we provide it or you connect your own domain.

2. The Service#

2.1 Description. The Service lets you manage advertisers, offers and partners, generate tracking links, record clicks, impressions and conversions, send postbacks, flag invalid traffic and view reports, as described in the Documentation and on our pricing page.

2.2 Transparent links. Tracking links that carry a destination in a url parameter — the format used in Google Ads tracking templates — redirect in a single step to exactly that destination, after expanding the macros you place in it and, if you turn it on, appending our click ID. If the destination is not on your account's list of approved destinations, the link shows an error page. These links never redirect anywhere else, and no setting of the Service changes this behaviour.

2.3 Tracking Domains. You may connect domains you control. You must keep their DNS records pointed at the Service while you use them, and you authorise us to obtain TLS certificates for them. We may refuse or disable a domain that you do not appear to control or that is used in breach of these Terms.

2.4 Support. We provide support by e-mail and through our website. Service levels apply only if your Order Form includes them.

3. Accounts and Authorised Users#

You must give accurate registration information; we may approve or decline new accounts. You must keep credentials and API keys confidential and not share user accounts, and we recommend that every user turns on two-factor sign-in. You are responsible for the acts and omissions of your Authorised Users as if they were your own, and you control the roles and access of the partners and advertisers you invite. Tell us promptly using support@trackcrown.com if you suspect unauthorised access; we may suspend affected credentials to protect your account.

4. Acceptable use#

4.1 Acceptable Use Policy. You will comply, and make sure your Authorised Users comply, with our Acceptable Use Policy, which forms part of these Terms. In particular, you must not use the Service to cloak or disguise the destination of an advertisement, show advertising-platform reviewers different content from what users see, send users to malware, phishing, illegal or deceptive content, send spam, or generate or launder fraudulent traffic.

4.2 Restrictions. You must not: (a) copy, modify or create derivative works of the Service; (b) reverse engineer or decompile it, except to the extent the law allows despite this restriction; (c) sell, resell, sublicense or operate the Service as a service bureau for third parties, other than giving your partners and advertisers the portal and API access the Service is designed for; (d) exceed rate limits, load-test, scan or probe the Service, except to report a vulnerability as described on our Security page; (e) circumvent access controls or usage limits; or (f) upload malicious code.

5. Your responsibilities for campaigns and data#

5.1 Notices and consent. You are responsible for giving End Users the notices, and obtaining the consents, that the law requires for tracking on your campaigns and websites — including when you turn on the optional click-ID cookie or install the landing-page script.

5.2 Destinations and content. You are responsible for your ads, offers and destination websites and for their content. You will keep your list of approved destinations accurate and only promote websites that you or your advertisers are entitled to promote.

5.3 No sensitive data. You must not send special categories of personal data, government identification numbers, financial account numbers, or names, e-mail addresses, phone numbers or other direct identifiers in clear text through link parameters, sub IDs or postbacks.

5.4 Third-Party Platforms. You will comply with the policies of the advertising platforms you use, including Google Ads policies on destinations, tracking templates and misrepresentation. Any other click tracker you place in a Google Ads click path must hold any certification Google requires.

5.5 Partners and advertisers. You are responsible for your agreements with your partners and advertisers, for approving or rejecting conversions, and for the payouts you owe. Figures the Service calculates are based on the data and rules you configure; review them before you invoice or pay.

6. Customer Data and privacy#

6.1 Ownership. As between the parties, you own Customer Data.

6.2 Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, to prevent fraud and abuse, and as required by law.

6.3 Data protection. Our Data Processing Addendum ("DPA") forms part of these Terms and governs personal data we process on your behalf. Our Privacy Policy describes the processing for which we are the controller.

6.4 Service data. We may collect and use technical information about the operation of the Service — such as request volumes, error rates and response times — to run, secure and improve the Service, provided it does not identify you, your End Users or any individual. We do not sell Customer Data or use it for our own advertising.

6.5 Export and deletion. While your subscription lasts you can export reports as CSV files and retrieve records through the API. Click and impression records are deleted automatically 13 months after they are collected. For 30 days after your account ends you may ask us for an export of your Customer Data; after that period we delete Customer Data from our live systems within 30 days, and it is removed from backups as they expire (within 21 days), unless the law requires us to keep it.

7. Fees and payment#

7.1 Fees. You will pay the fees in your Order Form or, if there is none, the fees we quote for your plan. Plans are priced on tracked-click volume and features, as described on our pricing page.

7.2 Invoicing. Unless your Order Form says otherwise, fees are invoiced in advance for each billing period, in US dollars, and are due within 15 days of the invoice date.

7.3 Usage above your plan. If your usage exceeds your plan's volume, we will contact you to move you to an appropriate plan or invoice the excess at the rates in your Order Form.

7.4 Taxes. Fees exclude taxes. You will pay all sales, use, value-added and similar taxes on the fees, except taxes on our income.

7.5 Late payment. If an undisputed invoice remains unpaid 15 days after we notify you that it is overdue, we may suspend the Service until it is paid. Tell us about a disputed invoice in good faith before its due date.

7.6 Price changes and refunds. We may change prices for a renewal term by giving you at least 30 days' notice before it begins. Fees are non-refundable except where these Terms provide a refund or the law requires one.

8. Term, renewal and termination#

8.1 Term. Your subscription runs for the term in your Order Form or, if there is none, month to month. It renews automatically for the same period unless either party gives notice of non-renewal at least 30 days before the end of the current term (for monthly plans, before the end of the month).

8.2 Closing your account. You may close your account at any time. Prepaid fees are not refunded except as these Terms provide.

8.3 Termination for cause. Either party may terminate these Terms by written notice if the other party materially breaches them and does not cure the breach within 30 days of notice, or immediately if the other party becomes insolvent or subject to bankruptcy proceedings. If you terminate for our uncured breach, we refund prepaid fees for the remainder of the term.

8.4 Effect of termination. When your account closes, your access ends and any unpaid fees become due. We may then disable your tracking links and Tracking Domains; a disabled link shows an error page and never redirects elsewhere. Section 6.5 governs export and deletion. Sections that by their nature should survive termination — including sections 6, 7 (for amounts due), 13, 14, 15.4, 16, 17 and 19 — survive.

9. Suspension#

We may suspend all or part of the Service — including individual links, destinations, Tracking Domains or Authorised Users — if reasonably necessary (a) to prevent or stop a breach of section 4, harm to End Users, a security threat or abuse of a Third-Party Platform; (b) because fees remain unpaid as described in section 7.5; or (c) to comply with the law or an order of a court or authority. We limit any suspension to the scope and duration reasonably necessary, notify you before it or promptly afterwards where the law allows, and restore the Service promptly once the cause is resolved. When we disable a link or destination, our server shows an error page instead of redirecting; it never sends users to a different destination.

10. Third-Party Platforms#

The Service works with Third-Party Platforms, whose use is governed by their own terms and policies. We are not responsible for Third-Party Platforms or for changes they make to their products, policies or interfaces. Web Cue LLC is not affiliated with, endorsed or sponsored by Google, Meta, Microsoft, TikTok or any other advertising platform; their names and trademarks belong to their owners and are used only to describe compatibility. Decisions about tracking-domain certification, ad approvals and advertising accounts are made by the platforms; we do not guarantee that your ads, tracking templates or accounts will be approved or remain approved.

11. Beta features#

We may offer features labelled beta, preview or early access. They are optional, provided "as is" without any warranty or service level, may change or be withdrawn at any time, and should not be relied on for critical processing.

12. Changes to the Service#

We may update and improve the Service. We will not materially reduce the core functionality of a paid plan during its current term, and we will give at least 30 days' notice before retiring a documented API endpoint or tracking-link format, unless security or the law requires faster action.

13. Intellectual property and feedback#

We and our licensors own the Service and all related intellectual property. Subject to these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable right during your subscription to use the Service for your business and to let your Authorised Users use it on your behalf. If you give us feedback or suggestions, we may use them without obligation to you. We will not use your name or logo to identify you as a customer without your prior written consent.

14. Confidentiality#

"Confidential Information" means non-public information that one party discloses to the other and that is marked confidential or should reasonably be understood to be confidential, including Customer Data, pricing and non-public features. It does not include information that is or becomes public without breach, was already known to the recipient, is independently developed, or is lawfully received from a third party without a duty of confidence. The recipient will use Confidential Information only to perform under these Terms, protect it with at least reasonable care, and disclose it only to employees, contractors and advisers who need to know it and are bound by similar obligations, or where the law requires (after giving notice where lawful). These obligations last during your subscription and for three years afterwards, and for as long as the information remains a trade secret or, for Customer Data, as long as we hold it.

15. Warranties and disclaimers#

15.1 Mutual. Each party warrants that it has the authority to enter into these Terms.

15.2 Our warranty. We warrant that the Service will perform materially as described in the Documentation and that we will not knowingly introduce malicious code into it. If you report a breach of this warranty within 30 days of noticing it, we will use reasonable efforts to correct it; if we cannot, either party may terminate the affected part of the Service and we will refund prepaid fees for it for the remainder of the term. This is your exclusive remedy for a breach of this warranty.

15.3 Your warranty. You warrant that you have the rights, notices and consents needed for the Customer Data you submit and for our processing of it under these Terms.

15.4 Disclaimer. Except as expressly stated in these Terms, the Service is provided "as is" and "as available", and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free. Tracking depends on browsers, networks, ad blockers, advertising platforms and partners' systems, so data may be incomplete or delayed; attribution results and fraud signals are estimates, and you are responsible for decisions you make based on them.

16. Indemnification#

16.1 By you. You will defend us against any third-party claim arising from (a) your campaigns, ads, offers or destination websites, or your advertisers' and partners' content or products; (b) Customer Data, or your failure to give notices or obtain consents; or (c) your breach of section 4 or 5, and you will pay the damages and costs finally awarded or agreed in a settlement you approve.

16.2 By us. We will defend you against any third-party claim alleging that the Service, as we provide it and used in accordance with these Terms, infringes a United States patent, copyright or trademark or misappropriates a trade secret, and we will pay the damages and costs finally awarded or agreed in a settlement we approve. We have no obligation for claims arising from Customer Data, combinations with items we did not provide, modifications we did not make, beta features, or use after we told you to stop. If the Service is, or we believe it may be, subject to such a claim, we may obtain the right for you to continue using it, modify it so it is no longer infringing, or terminate the affected part and refund prepaid fees for it for the remainder of the term.

16.3 Procedure. The indemnified party must notify the indemnifying party promptly of the claim, give it sole control of the defence and settlement (no settlement may impose liability on the indemnified party without its consent), and provide reasonable cooperation at the indemnifying party's expense. This section 16 states each party's entire liability, and the other party's exclusive remedy, for third-party claims of the kind it covers.

17. Limitation of liability#

17.1 Excluded damages. To the fullest extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profits, revenue, goodwill or data, even if it has been advised of their possibility.

17.2 Cap. Each party's total liability arising out of or relating to these Terms is limited to the fees paid and payable by you for the Service in the 12 months before the event giving rise to the liability, or 100 US dollars if you have paid no fees.

17.3 Exceptions. The limits in this section do not apply to your payment obligations, a party's obligations under section 16, your breach of section 4, liability for gross negligence, wilful misconduct or fraud, or liability that cannot be limited by law.

18. Compliance, export control and sanctions#

Each party will comply with the laws that apply to it in connection with the Service. You confirm that you are not named on a United States government restricted-party list and are not located in a country subject to comprehensive US sanctions, and you will not use the Service in breach of export-control or sanctions laws.

19. Governing law and disputes#

19.1 Governing law. These Terms, and any dispute arising out of or relating to them or the Service, are governed by the laws of the State of Delaware, United States of America, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

19.2 Informal resolution. Before starting proceedings, a party will notify the other in writing of the dispute, and both will try in good faith to resolve it for 30 days, except where urgent injunctive relief is needed.

19.3 Courts. The courts located in the State of Delaware, United States of America have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party submits to their jurisdiction. Either party may seek injunctive or other equitable relief in any competent court to protect its intellectual property or Confidential Information, or to stop a breach of section 4.

19.4 Jury trial waiver. To the extent permitted by law, each party waives any right to a jury trial in any proceeding arising out of or relating to these Terms.

20. Changes to these Terms#

We may update these Terms. We will post the updated version on this page with a new "Last updated" date. Changes that materially reduce your rights take effect 30 days after we notify account owners by e-mail or in the panel; other changes take effect when posted. If you object to a material change, you may close your account before it takes effect and we will refund prepaid fees for the remainder of the term. Changes do not apply to disputes that arose before they took effect.

21. Notices#

Notices to us must be sent using support@trackcrown.com. Notices of breach, termination or a legal claim must be marked "Legal notice" and, if our postal address is shown in section 23, also sent there by post or courier. We send notices to the e-mail address of your account owner or through the panel; e-mail notices are received when sent unless we receive a delivery failure.

22. General#

These Terms, your Order Forms, the DPA and the Acceptable Use Policy are the entire agreement between the parties about the Service and replace any prior agreement on that subject; terms in your purchase orders do not apply. If documents conflict, this order applies: an Order Form, then the DPA (as regards personal data), then these Terms including the Acceptable Use Policy, then the Documentation. Neither party may assign these Terms without the other's consent, except to an affiliate or to a successor in a merger, acquisition or sale of substantially all of its relevant assets, with notice. Neither party is liable for delay or failure caused by events beyond its reasonable control, other than payment obligations. The parties are independent contractors, and there are no third-party beneficiaries. If a provision is unenforceable, the rest remain in effect. Not enforcing a provision is not a waiver. "Including" means "including without limitation".

23. Contact#

Web Cue LLC
16192 Coastal Highway, Lewes, DE 19958, USA
Registration: Delaware State File No. 7576591
Country of incorporation: United States
Contact: support@trackcrown.com