1.1Studio 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.
2.1 Before using Track-R the User must first register for an
Track-R account. Account registration can be made at;
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.
2.5Studio 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.
3.4Track-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.
3.6 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.
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;
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.
4.3Studio 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.
5.1 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.
5.4 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
6.1Track-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.
6.2Studio 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.
7.1Studio 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.
7.3Studio 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.
7.5 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.
8.1Studio 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.
12. Entire Agreement
13. Governing Law
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.