Qtracx (referred to here as “Qtracx”) provides its Service (as defined below) to You through its web site located at www.qtracx.com (the “Site”) and *.qtracx.com (URL of your account), subject to this Terms of Service agreement (“TOS”).

By accepting this TOS or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TOS. If You are entering into this TOS on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.

By using the Qtracx hosted account (“Service”), all services of Qtracx, you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Qtracx reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. If any change to this TOS is not acceptable to You, your only remedy is to stop accessing and using the Service.

Description of Service

The “Service” includes (a) the Site, (b) the Qtracx help desk and chat system, tools, and services provided through the Site and by the Qtracx API made available via the Site, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services, or developed via the Qtracx API (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TOS.

Access and Use of the Service

Subject to the terms and conditions of this TOS, You may access and use the Service only for Your internal business purposes as contemplated by the Agreement. You shall not:

• License, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TOS;
• Use the Service to process data on behalf of any third party, or
• Use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.

Subject only to the limited right to access and use the Service expressly granted to You under this TOS, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Qtracx. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Qtracx, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.

You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of Your login and account and are fully responsible for any and all activities that occur under Your login or account. You agree and acknowledge that Your login may only be used by one (1) person – a single login shared by multiple people is not permitted. The system will automatically detect such behavior and You agree that Qtracx can charge you an additional monthly fee for it.

Qtracx reserves the right to access any or all Your accounts in order to respond to Your requests for technical support. We shall maintain appropriate administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of Your data. We will not disclose Your data except if compelled by law or if permitted by You.

You understand that the technical processing and transmission of the Service, including Your content, may be transferred unencrypted and involve:

• Transmissions over various networks;
• Changes to conform and adapt to technical requirements of connecting networks or devices, and
• Transmission to Qtracx’s third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Qtracx will use reasonable efforts to publish on the site or notify You of any planned downtime of the Service.

The failure of Qtracx to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Qtracx, even though it is electronic and is not physically signed by You and Qtracx, and it governs Your use of the Service and takes the place of any prior agreements between You and Qtracx.

Account Terms

• You must be 18 years or older to use this Service.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• You are responsible for maintaining the security of your username and password. Qtracx cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
• You must not misrepresent yourself or take on the identity of someone else while using this service.
• 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).

Violation of any of these agreements will result in the termination of your Account. While Qtracx prohibits such conduct and Content on the Service, you understand and agree that Qtracx cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

Payments, Refunds, Upgrading and Downgrading Terms

A valid credit card is required for paying accounts. All recurring payments are processed by our payment processors Braintree, Stripe, or PayPal. If You do not provide Your credit card details to Qtracx within the free trial period, Your account will be suspended and can only be reactivated by submitting Your credit card information. Once You have provided credit card details, You will be promptly billed, and Your trial period will terminate.

The Service is billed in advance on a monthly basis and is non-refundable (pay-as-you-go basis). There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

For any upgrade or downgrade in plan level, your credit card that You provided will automatically be charged the new rate on Your next billing cycle.

Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Qtracx does not accept any liability for such loss.

Billing Changes & Updates

The Owner of the account is entitled to request an update to the billing information contained on the invoices for the usage of the Service. The update must be requested via email sent to support@qtracx.com within the first 15 days of the last invoice issue. A credit memo and an updated invoice containing the new billing information will be issued to You. Requests submitted past the 15 days since the last issue will be rejected, and You will have to wait for the new invoice to be issued on the next billing date.

Licenses Hosted in Our Cloud Servers

• Emails sent from an account will be saved in the database for the period of 2 months.
• Comprehensive listing of raw clicks will be saved in the database for the period of 6 months.

VAT ID Handling

If the customer has been assigned with a proper and valid VAT ID (according to European Law), the customer is solely responsible for applying the VAT ID in the necessary field in their customer profile. Qtracx will not be refunding any customers who fail to apply their VAT ID on their own.

Cancellation and Termination

You are solely responsible for properly canceling your account. You can cancel your account at any time by going to the My Account section in your panel and choosing to cancel your subscription.

All of your content (text and files) will be immediately deleted from the service upon cancellation. This information can not be recovered once your account is canceled.

If you cancel the service before the end of your current paid-up month, your cancellation will take effect immediately, and you will not be charged again.

Qtracx, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Qtracx service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Qtracx reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

Qtracx reserves the right at any time and from time to time to modify or discontinue,