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Legal Notices
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"Implix", the sole holder of the HyperTracker.com website
and the tracking Service through this website, provides the Service to the Customers according
to the following Terms of Service.
1. Service
Implix provides the Customer with the online Service that enables to track
the advertisement campaigns and measure their effectiveness ("the Service").
In particular, the Service consists of (1) a click tracking counter,
(2) a management tool to measure advertisement campaigns effectiveness and
browse the results.
The Customer may track an unlimited number of campaigns. The Customer receives
a generated HTML code to be placed on their website in order to count the results.
Within the Service, Implix provides three types of accounts: HyperTracker
FREE ("FREE Account"), HyperTracker Trial
("Trial Account") and HyperTracker
PRO ("PRO Account").
2. Customer
The Service is provided to registered users, hereinafter referred to as
"the Customer".
On registration to the Service, the Customer chooses the Account type and
agrees to:
(1) fill out the registration form in current, complete, and accurate data;
(2) maintain and promptly update this data as a current, complete and accurate one;
(3) comply with the Terms of Service stated herein, as well
as the Implix Anti-Spam Policy.
The Customer is solely responsible for the content of the pages which are
tracked by means of the Service.
On registration to the Service, the Customer agrees to receive commercial
information about products and services of Implix.
The Customer understands and agrees that Implix may publish advertisements
on the HyperTracker.com website.
3. Customer Obligations
The Customer is obliged to provide accurate and true contact details,
and keep such contact details up to date.
If the Customer provides any information that is untrue, inaccurate, not
current or incomplete, or Implix has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, Implix
has the right to suspend or terminate the Customer's account and refuse
any and all current or future use of the Service.
The Customer may not use any hardware or software intended to damage or
interfere with the proper and timely functioning of the Service or to
surreptitiously intercept any system, data or personal information from
the HyperTracker.com web page and/or the Service.
Implix reserves the right to refuse access to the website, terminate
accounts, remove or edit content, or cancel orders at its sole discretion.
Implix reserves the right to refuse any and all current or future use of
the Service to the Customer who intentionally or maliciously evades the
obligations stated in the Terms of Service, the
Implix Anti-Spam Policy or
arising from custom and other best practices of conduct on the Internet.
If Implix finds the Customer to be using the Service for any abusive or
illegal practices, we will issue a warning. If Implix has any reason to
believe that the Customer, despite warning being given, threatens to or
is continuing such practices, then Implix may take action immediately,
including disabling the Customer's account, and terminating the Service
and/or reporting the Customer and the incident to the proper authorities.
Implix will not provide the Service to track ads statistics that are not
property of the Customer.
The Customer acknowledges that they are not allowed track through means of the
Service any website that
(i) advocates, promotes, incites, instructs, assists or otherwise encourages
violence or any illegal activities;
(ii) infringes or violates the copyright, patent, trademark, service mark,
trade name, trade secret, or other intellectual property rights of any
third party or Implix, or any rights of publicity or privacy of any party;
(iii) attempts to mislead others about the Customer’s identity or the origin
of a message or other communication, or impersonates or otherwise misrepresents
the Customer’s affiliation with any other person or entity, or is otherwise
materially false, misleading, or inaccurate;
(iv) promotes, solicits or comprises inappropriate, harassing, abusive,
profane, defamatory, libelous, threatening, obscene, indecent, vulgar,
pornographic or otherwise objectionable or unlawful content or activity;
(v) is harmful to minors;
(vi) contains any viruses, Trojan horses, worms, time bombs, or any other
similar software, data, or programs that may damage, detrimentally interfere
with, surreptitiously intercept, or expropriate any system, data, information,
or property of another; or
(vii) violates any law, statute, ordinance, or regulation (including without
limitation the laws and regulations governing export control, unfair
competition, anti-discrimination, or false advertising).
4. PRO Account
On registration to PRO Account, the Customer:
(a) receives access to the full functionality of the Service;
(b) chooses a subscription plan;
(c) agrees to pay recurring fee for the Service according to the
subscription plan.
A subscription plan is a period of time in which Implix provides the PRO
Account Service to the Customer. The Customer agrees to pay recurring fee
for subscription according to the subscription plan. The recurring fee is
based on a price list which is presented on the HyperTracker.com website.
Implix reserves at its sole discretion the right to terminate the Service in
the event of not receiving a payment or a recurring payment.
5. Trial Account
The use of Trial Account is free of charge.
On registration to Trial Account, the Customer receives access to PRO
Account for the period of 14 days beginning from the day of the registration
("trial period").
After expiration of the trial period, the Customer may complete the
registration to PRO Account otherwise the Service will be downgraded to
the FREE version.
The Customer may upgrade FREE Account to the PRO version at any time.
6. Payments
The payment includes fee for subscription to Pro Account, Phone and Email
Customer Support, and all applicable taxes.
The Customer agrees to pay recurring fees for the Service, per the subscription
plan. The Customer authorizes Implix to charge the recurring fee automatically
not earlier than on the first day after the expiration date of the subscription
(hereinafter referred to as the "recurring date"). In the event of not receiving
a payment, Implix reserves at its sole discretion, the right to downgrade
Account to the FREE status.
The Customer may change the subscription plan for the next subscription period
without any charges. If the Customer wants to change the subscription plan,
they are requested to notify the Implix Billing Department at
billing@cs.implix.com
no later than two working days before the recurring date.
Implix sends an email to the Customer, containing receipt to confirm the payment.
Implix issues an invoice at the Customer's request.
Implix reserves at its sole discretion the right to change the fees for the
Service subscription.
7. Technical Requirements
Implix ensures that the Service will work properly if the Customer places a
generated HTML code in the source code of their website properly.
Implix ensures that the Service will work properly with the web browsers that
read images and/or JavaScript.
8. Customer Support Service
Implix provides Email and Live Chat Support for PRO Account users
The Customer may address all questions, doubts, and report errors via email to
the HyperTracker Customer Support Department at
ht-support@cs.implix.com.
The Customer should provide at least the account name and their name.
Implix does not investigate or take any actions based on "anonymous" support requests.
Implix assures that reaction shall occur within two working days after receiving
a request from the Customer.
Implix distributes Quick Start Guide, User Guide, Frequently Asked Questions,
Integration Guide and other support materials and provides User's Forum in
order to support the Customers in using the Service.
9. Complaint Procedure
The Customer accepts unconditionally that the Service is distributed on "as is"
basis without warranties of any kind, either expressed or implied.
The Customer is requested to submit their complaint to the Customer Support
Department at ht-support@cs.implix.com.
On complaint the Customer should provide at least the account name and their
name. Implix does not investigate or take any action based on "anonymous"
complaints.
The Customer Support Department will investigate the problem as soon as possible
and inform the Customer how the issue will be processed.
The Customer has the right to be informed about the status of processing
their issue.
If a problem with the service occurs, Implix assures to undertake all
measures to solve it as soon as possible.
10. Privacy Policy of Implix. Anti-Spam Policy of Implix
Implix constitutes the Privacy Policy and
Implix Anti-Spam Policy as inherent
parts of the Terms of Service.
Implix will never use the information about the Customer or about their
customers or website visitors that are collected within the Service, to
send any unsolicited messages or information nor will we share it with or
sell it to anyone else for such use according to the
Implix Privacy Policy.
11. Copyright
All content included on the HyperTracker.com webpage, such as text, graphics,
logos, button icons, images, audio clips and software, is the property of
Implix or its content suppliers and protected by Polish, U.S. and international
copyright laws. No part of this website may be reproduced or transmitted in
any form or by any means without written permission from the authors.
12. Trademarks
Implix, HyperTracker.com, HyperTracker are trademarks of Implix and Szymon
Grabowski in the Republic of Poland, the United States and other countries.
Trademarks of Implix and Szymon Grabowski may not be used in conjunction with
other companies' products or services, in any manner that may cause confusion
among customers and potential customers, or in any manner that discredits Implix,
its products and services.
13. Termination Of Service
The Customer may terminate the contract at anytime. If the Customer wants to
terminate the PRO Account Service, they are required to send a cancellation
request to the Implix Billing Department at
billing@cs.implix.com and provide
at least the account name and their email address no later than two working
days before the recurring date. If the Customer wants to terminate FREE
Account, they are required to deactivate the Account from the HyperTracker.com
website.
Implix reserves at its sole discretion the right to terminate the Service
immediately in the event of finding the Customer to be using Implix services for
illegal practices.
Implix reserves at its sole discretion the right to terminate the Service in the
event of receiving independent verification that the Customer provided grossly
inaccurate, unreliable or false Customer contact details, or failed to keep such
contact details up to date.
14. Right To Withdrawal
The Customer has a period of 30 days in which to withdraw from ordering
PRO Account without penalty and without obligation to give any reason.
In order to exercise this right to withdrawal the Customer has to send an
email informing about the cancellation to the Implix Billing Department
at billing@cs.implix.com. Implix is obliged to reimburse the total sum paid
by the Customer. Such reimbursement will be carried out by Implix as soon
as possible and with no additional costs.
15. Disclaimer Of Warranties. Limitation Of Liabilities
IMPLIX DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING.
IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR A PURPOSE STATED OR DESIRED BY THE CUSTOMER. IMPLIX DOES NOT
WARRANT THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
IN NO EVENT WILL IMPLIX NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR
SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES
SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE
(EVEN IF IMPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING,
BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA,
FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC
LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING
FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF
THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER
(INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT,
NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE
OF ACTION).
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY
IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE
CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT,
STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL
BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.
Implix is not responsible for any delay or failure in performance due to Force
Majeure, or other occurrences that are beyond Implix’s reasonable control.
Implix is not responsible for short, temporary and accidental suspension of the
Service as a result of circumstances which Implix could not foresee or suspect.
Customer recognizes that Implix does not own or control other networks,
information and systems outside of its own network, nor is Implix responsible
for performance or non-performance within such networks. Implix exercises no
control over and specifically denies any responsibility for the content,
information, accuracy or quality of the information and/or data passing through
the Service provided.
The use of the Service is at the Customer's sole risk. Implix is in no way
responsible for the conduct of its Customers. Implix is not responsible for
any indirect, incidental, special, punitive, or consequential damage that
results from Customer's use or misuse of the Service, including, without
limitation, any such damage or loss resulting from the Service interruptions,
delays, and non-counting or miscounting the campaign tracking and actions results.
Implix shall have no liability for any damages suffered by the Customer or
any third party as a result of their use or the misuse of the Service.
You hereby agree to indemnify, defend and hold harmless Implix, its officers,
directors, employees, agents, members, successors and assigns, from and against
any and all claims, losses, liabilities, damages or expenses (including
attorney's fees and costs) of any nature whatsoever incurred or suffered by us
(collectively the "Losses"), in so far as such Losses (or actions in respect
thereof) arise out of or are based on:
a) any claim or threatened claim that our use of the member Trademarks infringes
on the rights of any third party;
b) the breach of any representation or warranty made by you herein; or,
c) or any claim related to your site.
16. Final Provisions
The illegality, invalidity or unenforceability of any provision of these
General Terms of Service shall not affect the legality, validity and
enforceability of any other provisions hereof.
Implix reserves the right to modify, add or delete any documents, information,
graphics or other content appearing on or in connection with the
HyperTracker.com website, including these Terms of Service, at any time
without notice.
This Service shall be interpreted and construed according to, and governed
by, the laws of the Republic of Poland, excluding any such laws that might
direct the application of the laws of another jurisdiction. The law of the
Republic of Poland and Polish Court shall be jurisdiction.
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