Terms of Use
(The “Terms”)
Last Updated: Dec 19, 2024 (Version 1.2)
Introduction
1. Welcome: Welcome to Track and Analyze, the app that will help you to find out things about yourself which you would have never found out otherwise, and therefore help you to improve your life.
This Terms of Use Agreement (“Terms”) sets forth the legally binding terms that govern your use of the services of Track and Analyze. Wherever we mention “Track and Analyze”, “T&A”, “we” or “us” in these Terms we are referring to the Track and Analyze app, website and any services, features, content, or applications offered, even only from time to time, by Track and Analyze app in connection with the Track and Analyze website. By using Track and Analyze you agree to be bound to these Terms and to our privacy policy, which is available here.
Track and Analyze is operated by Inisev Ltd., a company incorporated under the laws of Malta with registration number C 78013 and registered address at 6, RJV (Suite 39), Mdina Road, Balzan BZN 9031, Malta.
2. Using Track and Analyze: You may use Track and Analyze either as a “visitor”, which means that you simply browse trackandanalyze.com, or as a "member", which means that you have registered an account with Track and Analyze and agreed to these Terms (for all of our members and visitors to our website) and our Privacy Policy. You can join Track and Analyze by installing the app via Google Play or Apple App store and creating an account.
The term "user" can refer to either a visitor or a member. You are only authorized to use Track and Analyze (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to these Terms, as they may be updated from time to time. Please read these Terms carefully and save them somewhere safe for your reference later. This version of the Terms will not always be available online. If you do not agree to these Terms, then please do not visit or use Track and Analyze.
3. Updates to the Terms: We expressively reserve the right to change these Terms from time to time without providing you with direct notice, although we will note the most recent version of each of our terms at the top of the Terms. This will help you keep track of the latest version of the Terms. By accessing our site and app, you acknowledge and agree that it is your responsibility to review this site and these Terms from time to time and to familiarize yourself with any modifications. Your continued use of this site or app after such modifications will constitute acknowledgment of the modified Terms and agreement to abide and be bound by the modified Terms.
Users and membership
4. Age requirements: You need to be at least…
a) …16 years of age (or the minimum age required where you are to access a website without parental permission) to be a visitor and browse the Track and Analyze website(s).
b) …16 years of age (or older, if required to be older where you are) to become a member.
By using Track and Analyze, you affirm that you are old enough to be a visitor, and by signing up to become a member, you affirm that you are old enough to be a member.
5. Membership: It is possible to look through our site and use the app without becoming a member, but becoming a member is easy and free! Enrollment can be done quickly and easily in our app. During registration, we may ask you for information that is necessary to get the most out of your membership. Our collection and use of this information is governed by our Privacy Policy, available here.
6. Membership benefits: Creating a Membership account is free, but it can be upgraded to premium, for the defined cost.
7. Non-transferrable: Membership is personal to you and not transferable.
8. Accuracy of information provided: When you become a member, you must provide us with up-to-date and accurate information. You are obligated to let us know when any of the information you have provided has changed within a reasonable time from the change.
Keep your login information confidential!: Unless you sign up with an existing social media account, when you sign up for a membership, you will be asked to select a password. It is your sole responsibility to maintain the confidentiality of your login information, both for Track and Analyze and any social media account you may use to sign up for your membership. You agree not to use the membership, username, or password of another member at any time or to disclose your password or social media login information to any third party. You are solely responsible for any and all use of your membership; unauthorized use of your membership may result in you losing referral commissions or income from selling themes, disruption in displaying pop-ups on your website, and/or access to your account. As described further below, Track and Analyze is not responsible for any of these losses when you have allowed your membership to be accessed by a third party, intentionally or otherwise.
Fees
9. Track and Analyze fees: The fees for premium membership will be charged on a recurring basis, in advance of the respective subscription period. These fees cover the Track and Analyze service of providing advanced options and services.
All fees charged by Track and Analyze are non-refundable. You can cancel your premium plans anytime on your Account page, in which case you will not be charged once your current premium plan expires.
We reserve the right to modify our fee schedule at any time upon thirty (days) written notice by posting such fee rates on our pricing page.
Uploaded content
10. Right to delete: Track and Analyze may delete any content that in the sole judgment of Track and Analyze violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Track and Analyze assumes no responsibility for monitoring the Track and Analyze Services for inappropriate content or conduct. If at any time Track and Analyze chooses, in its sole discretion, to monitor the Track and Analyze Services, Track and Analyze nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
11. Your responsibility: You are solely responsible for the content that you post on or through any of the Track and Analyze services. Track and Analyze does not endorse and has no control over the content. Track and Analyze makes no warranties, express or implied, as to the content or to the accuracy and reliability of the content.
12. Prohibited and illegal content: The following is a partial list of the kind of content that is illegal or prohibited to upload on Track and Analyze. Track and Analyze reserves the right to investigate and take appropriate legal action against anyone who, in Track and Analyze's sole discretion, violates this provision, including without limitation, removing the offending from the Track and Analyze website and terminating the membership of such violators. Prohibited content includes, but is not limited to content that, in the sole discretion of Track and Analyze:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
The following is a partial list of the kind of activity that is illegal or prohibited on the Track and Analyze website and through your use of the Track and Analyze services. Track and Analyze reserves the right to investigate and take appropriate legal action against anyone who, in Track and Analyze's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- interfering with, disrupting, or creating an undue burden on the Track and Analyze services or the networks or services connected to the Track and Analyze services;
- attempting to impersonate another member or person;
- using the account, username, or password of another member at any time or disclosing your password to any third party or permitting any third party to access your account;
- using any information obtained from the Track and Analyze services in order to harass, abuse, or harm another person;
- using the Track and Analyze services in a manner inconsistent with any and all applicable laws and regulations.
Intellectual Property (IP)
13. Track and Analyze property: We own all the content which we put on the platform, including texts, design, copyright, trademarks and other content you find on Track and Analyze app and website, not provided by our users. You are not permitted to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any of such content owned by us.
Limitations on Liability & Indemnification
14. Track and Analyze is provided to our users “AS IS” or, to put it another way, “AS AVAILABLE.” As such, we do not make promises or make any warranties as to the suitability or quality of the content available on Track and Analyze or the delivery of services and hereby exclude, to the furthest extent permitted by law, all implied warranties in the same respect (including but not limited to warranties of non-infringement, merchantability, and fitness for a particular or specific purpose). The limitations on liability and indemnification in these Terms are a part of the bargain between the parties.
15. Your access to and use of Track and Analyze, is your decision solely, and at your discretion and risk. We are under no obligation to make Track and Analyze available to you on any particular platform, and the platform we choose to offer Track and Analyze on may change.
16. To the extent permitted by applicable law, we (including our affiliates, our agents and employees) are not liable (which means you will not hold us responsible) for any damages or losses resulting directly or indirectly from, inter alia, the Track and Analyze services; access limitations or delayed availability of Track and Analyze; and any conduct or failure to act by any of our third party service providers.
17. You agree to indemnify and hold us (and our employees and agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms or your improper use of Track and Analyze or your interaction with other Track and Analyze users.