Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ClickTrackerX ("we," "us," or "our") governing your access to and use of our AI-driven marketing platform, services, and website.

By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of our services after modifications constitutes acceptance of the updated Terms.

2. Service Description

ClickTrackerX provides an AI-powered marketing automation platform including:

• Click tracking and analytics (processing up to 993,000 clicks per minute)
• AI-powered content generation using GPT-4, DALL-E, and other AI services
• Facebook Ads and Google Ads campaign management and optimization
• WordPress integration and content synchronization
• Publisher network management and SFTP deployment
• Revenue tracking and attribution management
• Real-time analytics and reporting dashboards
• Conversion tracking via Facebook Conversions API (CAPI) and Google Ads

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

3. Account Registration and Security

3.1 Account Creation

To use our services, you must create an account providing accurate, current, and complete information. You agree to update your account information to maintain its accuracy.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Using strong passwords and enabling multi-factor authentication when available

3.3 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts. By creating an account, you represent and warrant that you meet these requirements.

4. Acceptable Use Policy

4.1 Permitted Use

You may use our services only for lawful purposes and in accordance with these Terms, applicable laws, and third-party platform policies (including Facebook, Google, and WordPress terms).

4.2 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Use our services for fraudulent, deceptive, or illegal activities
• Generate or distribute spam, malware, or harmful content
• Promote violence, hate speech, discrimination, or illegal activities
• Infringe intellectual property rights or violate privacy rights
• Attempt to gain unauthorized access to our systems or other users' accounts
• Reverse engineer, decompile, or disassemble our software
• Use automated systems (bots, scrapers) without written permission
• Overload or interfere with our infrastructure or services
• Resell or redistribute our services without authorization
• Create content that violates advertising platform policies (Facebook Ads, Google Ads)
• Use our services to click on your own ads or artificially inflate metrics

5. Third-Party Integrations

5.1 Platform Compliance

When using our integrations with Facebook, Google Ads, WordPress, or other platforms, you must comply with their respective terms of service and policies. You are solely responsible for violations of third-party platform policies.

5.2 Authorization and Credentials

By connecting third-party accounts, you grant us permission to access and use the necessary data to provide our services. You represent that you have the authority to grant such access and that you comply with the platform's authorization requirements.

5.3 Third-Party Availability

We do not guarantee the availability or functionality of third-party services. Changes to third-party APIs or policies may affect our service functionality. We are not liable for disruptions caused by third-party platforms.

6. AI-Generated Content

6.1 Content Ownership

You retain ownership of content you create or generate using our AI services. However, you grant us a worldwide, non-exclusive, royalty-free license to use, process, and store your content to provide and improve our services.

6.2 Content Responsibility

You are solely responsible for reviewing, editing, and ensuring the accuracy, legality, and compliance of AI-generated content before publication or use. We provide AI-generated content "as is" and do not guarantee its accuracy, quality, or suitability for any purpose.

6.3 Compliance Checking

While we offer AI-powered compliance checking features, these are advisory tools only. You remain fully responsible for ensuring your content complies with all applicable laws, regulations, and platform policies.

7. Payment Terms

7.1 Subscription Plans

Our services are offered through subscription plans with different feature limits and pricing tiers. Current pricing is available on our website and may be updated with 30 days' notice to existing subscribers.

7.2 Billing

• Subscriptions are billed monthly or annually in advance
• You authorize us to charge your payment method on each billing cycle
• All fees are non-refundable except as required by law
• Failed payments may result in service suspension or termination
• You are responsible for all applicable taxes

7.3 Overage Charges

If you exceed your plan's limits (clicks, sites, AI usage), additional charges may apply as specified in your plan documentation. We will provide notice before charging overage fees.

7.4 Cancellation

You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial billing periods except as required by law.

8. Intellectual Property Rights

8.1 Our Property

ClickTrackerX and our platform, including all software, features, functionality, designs, logos, and trademarks, are owned by us and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

8.2 Your Content

You retain all rights to content you upload or create. You represent and warrant that you own or have necessary rights to all content you provide and that your content does not infringe third-party rights.

8.3 Feedback

If you provide feedback, suggestions, or ideas about our services, you grant us a perpetual, worldwide, royalty-free license to use, implement, and commercialize such feedback without compensation or attribution.

9. Data and Privacy

Our collection, use, and protection of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy.

For enterprise customers, a separate Data Processing Agreement may apply governing data processing activities.

10. Service Availability and Support

10.1 Uptime

We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance will be announced in advance when possible.

10.2 Support

Support availability depends on your subscription plan. Enterprise customers receive priority support with faster response times.

11. Disclaimers

Our services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to:

• Merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, reliability, or completeness of AI-generated content
• Uninterrupted, secure, or error-free operation
• Results, revenue, or performance from using our services
• Compatibility with third-party platforms or services

We do not warrant that our services will meet your requirements or that defects will be corrected. You assume all risk arising from your use of our services.

12. Limitation of Liability

To the maximum extent permitted by law, ClickTrackerX and its officers, directors, employees, and agents shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions, errors, or security breaches
• Third-party actions, including advertising platform account suspensions
• AI-generated content accuracy, legality, or compliance issues
• Unauthorized access to or use of your account or data

Our total liability for all claims arising from or related to our services shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow limitation of certain damages, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless ClickTrackerX and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use or misuse of our services
• Violation of these Terms or applicable laws
• Violation of third-party rights, including intellectual property rights
• Content you create, upload, or distribute
• Violations of advertising platform policies (Facebook, Google, etc.)
• Unauthorized access to third-party accounts through your credentials

14. Termination

14.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Termination takes effect at the end of your current billing period.

14.2 Termination by Us

We may suspend or terminate your account immediately without notice if you violate these Terms, engage in fraudulent activity, or for any reason at our discretion. We will provide notice when legally required.

14.3 Effect of Termination

Upon termination, your access to our services will cease. We may delete your data after 90 days unless legally required to retain it. You remain liable for all charges incurred before termination.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a formal claim, you agree to contact us at [email protected] to seek informal resolution.

15.2 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

15.3 Jurisdiction

Any legal action arising from these Terms shall be brought exclusively in the courts located in [Your Jurisdiction]. You consent to personal jurisdiction in these courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and ClickTrackerX.

16.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

16.4 Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

17. Contact Information

For questions about these Terms of Service, please contact us: