track rankings

Terms and Conditions

1. General information

1.1 Studio Ten Online Marketing Online Marketing Ltd, UK company number 08950124,  (hereinafter “Studio Ten Online Marketing”) has established an online cloud based SEO tracker service (hereinafter “Track-R”), which provides information on rankings, historic data on rankings, analytics data on search keywords, automatic white-label report generation and Google Analytics and Google Search Console integration.

1.2 Anyone who registers for a Track-R account or in any other way uses Track-R (hereinafter “User”) expressly declares that it have read, understood and accepted these Terms of Use, and have legal authority to bind the legal entity whom the User represents.

1.3 Usage of Track-R and these Terms of Use is always subject to change. 


2. Track-R

2.1 Before using Track-R the User must first register for an

Track-R account. Account registration can be made at;

https://www.track-r.net/registration

2.2 The User’s access code to Track-R (hereinafter “Access Data”) must be treated confidentially by the User, and may not be disclosed to third parties. If the Access Data is misused due to circumstances under the Users control, the User is liable for any damages caused by such a misuse. The User is, furthermore, obligated to inform Studio Ten Online Marketing about any misuse of Track-R that it becomes aware of. 

2.3 The User is obligated to keep its contact information and any other relevant information given to Studio Ten Online Marketing updated at all times.

2.4 The User has no entitlement to permanent availability of Track-R

2.5 Studio Ten Online Marketing may at any time turn off Track-R temporarily or permanently, and make changes to information and data made available by Track-R (hereinafter “Track-R Data”). 

2.6 The User must itself procure any hardware and software required to use Track-R. The User bears any costs associated with using Track-R. 


3. Usage restriction

3.1 The User may only use Track-R and Track-R Data after Studio Ten Online Marketing has granted the User access to Track-R

3.2 The User may be asked by Studio Ten Online Marketing to state its intended purpose of use of Track-R.

3.3 Usage of Track-R and Track-R Data is only permissible if all details and information given by User are correct and complete, and the purpose of use is in accordance with these Terms of Use and any guidelines issued by Studio Ten Online Marketing.

3.4 Track-R Data may only be used in accordance with any guidelines issued by Studio Ten Online Marketing. The User may not access Track-R Data by automatic methods except by using the Application Program Interface made available by Studio Ten Online Marketing. The User may in no way enable third parties to access Track-R Data without Studio Ten Online Marketing’s explicit consent. 

3.5 It shall be regarded as a material breach of these Terms of Use if the User access Track-R through other automatic methods than the Application Program Interface made available by Studio Ten Online Marketing, or if the User in any way enables third parties to access Track-R Data without Studio Ten Online Marketing’s explicit consent.

3.6 Neither Track-R nor Track-R Data may be used in any manner, which may directly harm the reputation and standing of Studio Ten Online Marketing.

3.7 For any usage of Track-R and/or Track-R Data that is impermissible according to these Terms of Use, the User must, for each individual case, pay a contractual penalty to Studio Ten Online Marketing of £10,000, within 14 days of demand from Studio Ten Online Marketing. Studio Ten Online Marketing may enforce damages that exceed this, as well as initiate legal action with the aim of terminating the Users impermissible usage of Track-R and/or Track-R Data. Any profit that the User obtained through direct commercial usage that is not permitted in accordance with these Terms of Use shall be paid by the User to Studio Ten Online Marketing. In this case, the User is obliged to disclose their financial reporting for this business to Studio Ten Online Marketing.


4. Subscription and payment

4.1 The User must, after expiry of a possible trial period, choose one of the subscription plans offered by Studio Ten Online Marketing before using Track-R. The subscription plans and pricing are described at;

https://www.track-r.net/pricing/

4.2 Payment for use of Track-R is made in advance, and payment must be made either by PayPal or one of the credit cards accepted by Studio Ten Online Marketing’s payment provider Stripe. Payments are made in US dollars.

4.3 Studio Ten Online Marketing offers monthly and annual subscriptions. Subscriptions are automatically renewed if the user have not cancelled its subscription before the subscription period have expired. Payment is automatically deducted from the User’s PayPal account or credit card, every time a subscription period expires.  


5. Termination

5.1 The User may at any time terminate its subscription to the end of the subscription period in effect at the time of the User’s termination. The User can only terminate its subscription on the User’s Track-R account page.

5.2 The User cannot demand refunds for the subscription period that remains on the time of the Users termination.

5.3 Studio Ten Online Marketing may at any time terminate the Users access to Track-R without any notice. If Studio Ten Online Marketing’s termination of the User’s access to Track-R is not caused by the Users material breach of these Terms of Use, the User can demand a refund for the subscription period already paid for by the User that remains on the time of Studio Ten Online Marketing’s termination.

5.4 Information entered into Track-R by the User, and Track-R Data created on basis of such information, will not be retained by Studio Ten Online Marketing after the Users subscription has been terminated.


6. Proprietary and intellectual property rights

6.1 Track-R and all related proprietary and intellectual property rights, including but not limited to copyrights to text, layout, drawings, images, databases, audio and video contained at the Track-R website, domain name rights, and registered as well as unregistered trademark rights and feature rights in names and logos, used by Studio Ten Online Marketing (hereinafter ”Proprietary and Intellectual Property Rights”), are the proprietary rights of Studio Ten Online Marketing.

6.2 Studio Ten Online Marketing is at any time at liberty to transfer, in whole or in part, all Proprietary and Intellectual Property Rights to third party without notice and information to the User. Further, Studio Ten Online Marketing is at any time at liberty to change or modify, in whole or in part, all Proprietary and Intellectual Property Rights without notice and information to the User.

6.3 The User acknowledges all Proprietary and Intellectual Property Rights and simultaneously declares that it will at all times – while using Track-R and subsequently - observe and respect all Proprietary and Intellectual Property Rights.


7. Liability

7.1 Studio Ten Online Marketing assumes no liability for any errors or defects in Track-R, nor for any other form of non-performance of Track-R.

7.2 Furthermore, Studio Ten Online Marketing does not accept any liability for the suitability of Track-R for the User’s intended purposes.

7.3 Studio Ten Online Marketing’s total liability for the User’s potential claims, is limited to the User’s direct losses, and Studio Ten Online Marketing’s total liability can never exceed more than 50 % of the total amount the User have paid Studio Ten Online Marketing for the use of Track-R the last 12 months before the incident that caused the User’s claim incurred.

7.4 The User is liable for any usage of Track-R and Track-R Data that violates these Terms of Use, as well as any other misuse or unlawful use of Track-R or Track-R Data. If the User uses Track-R or Track-R Data in an inadmissible manner, the User is fully liable for all resulting damages caused hereby, and shall completely indemnify Studio Ten Online Marketing for any loss caused by such an inadmissible use of Track-R and/or Track-R Data. Furthermore the User is obligated to pay contractual penalty in the event of breach of clause 3.7.

7.5 Neither the User nor Studio Ten Online Marketing shall be liable for any delay or failure to perform its obligations (expect payment of fees) that are caused by force majure


8. References

8.1 Studio Ten Online Marketing is entitled to use the User as a reference for marketing purposes, i.a. in sales materials and studies. The User grants Studio Ten Online Marketing the right to use the User’s trademarks and business name in this regard.


9. User information

9.1 Any kind of disclosure, information or material forwarded by the User to Studio Ten Online Marketing – regardless of form – will, unless otherwise expressly stated by the User, be treated as non-confidential and not copyrighted.

9.2 Disclosure, information and material forwarded by the User to Studio Ten Online Marketing, expressly marked as confidential, will be treated as such by Studio Ten Online Marketing, who will take all possible steps to ensure the confidentiality of such disclosure, information and materiel.


10. Assignment

10.1 The User is not entitled to assign its obligations and rights under these Terms of Use.

10.2 Studio Ten Online Marketing is entitled to assign its obligations and rights under these Terms of Use.


11. Severability

11.1 If any provision of these Terms of Use is deemed to be invalid, void or unenforceable, the remaining provisions of these Terms of Use shall not be affected thereby but shall remain in full force and effect and be binding upon the User.


12. Entire Agreement

12.1 These Terms of Use and any other documents and information referred to in these Terms of Use constitute the whole and only agreement between the User and Studio Ten Online Marketing relating to the subject matter of these Terms of Use.

12.2 The User acknowledge that when accepting into these Terms of Use, the User was not relying on any pre-contractual statement or the like which is not set out in these Terms of Use.


13. Governing Law

13.1 These Terms of Use shall be governed by and construed in accordance with English law, with the exception of provisions leading to another choice of law than English law.


14. Arbitration

14.1 Any dispute arising out of or in connection with these Terms of Use, including any disputes regarding its existence, validity or termination, shall be settled by arbitration in accordance with the Rules on Arbitration Procedure adopted by English Arbitration and in force at the time when such proceedings are commenced.

14.2 The arbitration tribunal shall be composed of three arbitrators.

14.3 Each Party shall appoint one arbitrator and English Arbitration shall appoint a third arbitrator who shall be the chairman of the arbitration tribunal. If a party has not appointed an arbitrator within 30 days of having requested or received notice of the arbitration, such arbitrator shall be appointed by English Arbitration. 

14.4 The place of arbitration shall be in Newcastle Upon Tyne, England.

14.5 The language of the arbitration shall be English.

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