Please read the terms & conditions carefully because, to access, download, install and use the service of TrackKnight you need to accept these terms & conditions if you don’t agree with these terms & conditions you can’t use TrackKnight.
Last updated October 26, 2016
These TrackKnight terms & conditions explain the relation between TrackKnight and you when you
These terms & conditions direct visitors’ the use of the public areas of the site, along with the access to and use of the email tracking services.For the purposes of these terms & conditions, refers to you as a visitor to or registered user of the email tracking services.
These terms & conditions, along with privacy policy, form a contract between you and TrackKnight. By using the email tracking services, you signify to us that you are lawfully capable of entering into this agreement.
If you are using our email tracking services on the place of your company, your acceptance of these terms & conditions considered an agreement between your company and TrackKnight and you represent and permit that you have authority to bind your company to these terms & conditions.
Our email tracking services are owned by TrackKnight and are licensed, not sold, to you. With respect to your payment of all applicable fees, TrackKnight allows to you a personal, non-exclusive, non-transferable, limited license to access and use the site and to access, download, install and use our email tracking services subject to the limits set out in these terms & conditions, any relevant purchase or document associated with our email tracking services and all other terms & conditions and policies set out in our email tracking services. You accepted that the source code for our email tracking services and other trade secrets personified in our email tracking services haven’t been and will not be licensed revealed to you. All rights not specifically granted here are reserved by TrackKnight.
User Registration: If you are visiting only the public areas of the site, it is necessary to get register to use the TrackKnight. You agreed that you will always keep updating your account information to confirm it is current, complete and correct and that we have the right to dismiss your account and use of our email tracking service if you provide incorrect, incomplete or wrong information.
User Responsibilities: You are responsible for providing the list of details and services that you want to access, download, installing and using our email tracking services.TrackKnight does not guarantee that our email tracking services are available on any specific device or with any specific software or service plan.
You are responsible for all actions that happening your account, whether or not approved by you. Please do not share your account information with any other person.
You must at all times when using our email tracking services fulfill with TrackKnight’s acceptable terms & conditions.
You will use our email tracking services only for your inner business purposes and in harmony with applicable rules and regulations. You agreed with that, you will not use TrackKnight for illegal purposes or to engage in any offensive, or objectionable conduct, including ruin of any third party privacy or other rights. You agree that you’ll not proceed with our email tracking services if you are under the age of majority in your place of residence or else not fully able and capable of agreeing to these terms & conditions.
Excluding as specifically allowed in these terms & conditions specifically authorized in writing by TrackKnight, you agree that you will not directly or indirectly:
You are not allowed to eliminate or amend any copyright or other brand rights’ notice or obstructive rights legend measured or engaged in any of our email tracking services; decompile, reverse compile, reverse assemble, reverse interpret any of our email tracking services; use any resources to determine the source code of the TrackKnight or to discover the secrets in our email tracking services; or otherwise bypass any functionality that controls access to or then defends our email tracking services.
You are responsible for obeying all laws, rules, and regulations that apply to your use of our email tracking services.
TrackKnight responsibilities: TrackKnight is answerable for providing our email tracking services in agreement with these terms & conditions and all related rules, and regulations.
We will maintain commercially administrative, physical and technical protections intended to defend the security, privacy, and integrity of information that you deliver to or through our email tracking services.
TrackKnight reserves the right but is not obligated to advance, enhance or modify our email tracking services. We will update you in advance of changes to the TrackKnight that may affect the way in which you use the TrackKnight or the manner in which our email tracking services execute.
TrackKnight is not responsible for the content of other services or for losses, actual or pending claims, activities, damages, expenditures, costs of protection and sensible attorneys’ fees arising from your use of content, info, websites, software, facilities and other resources of third parties with which you may interact when you use our email tracking services. You access other services completely at your own risk and you are answerable for fulfilling with terms & conditions and conditions related to your access and use of other services.
We use commercially logical efforts to make our email tracking services available to you 24/7, without scheduled maintenance time, inaccessibility caused by you or any software, hardware or service not provided by us, emergency care and any cause outside our reasonable control (including nature disasters, wars, terrorist act, civil instabilities, acts of any government or activity thereof, strikes or other labor problems, internet service or other third party service providers’ letdowns or postponements and systemic electrical, communications or other utility outages or failures).
Our email tracking services are focused to reasonable limitations and other limitations, as stated within the TrackKnight or the applicable order form.
The TrackKnight allow the user to upload, convey and use information and other content to and through our email tracking services. You are only responsible for the correctness, quality, validity and resources by which you attained your content. You know that TrackKnight will use your content to provide email tracking services to you. You have or will obtain all rights essential to provide your content to TrackKnight and you hereby allow TrackKnight a worldwide license to use, replicate, convey, display and adapt your content as essential for TrackKnight to provide email tracking services to you in harmony with these terms & conditions.
Without limiting the terms & conditions of our privacy policy, you know that we do not promise that your use of our email tracking services or your content will be private or protected and we are not answerable or liable to you for any deficiency of privacy or security that you might experience. Information composed by your internet and other third parties is used, stored, transferred and revealed pursuant to your internet service provider’s or the third party’s terms & conditions rules and practices.
We encourage you to sensibly consider revelation of any information that might be available to others. You are fully responsible for taking protections and providing security actions best suitable for your situation and planned use of the TrackKnight.
You shall pay TrackKnight for our email tracking services at the current charges as defined at trackknight.com. TrackKnight keeps the right to change the fee schedule upon thirty days advance notice to you.
TrackKnight does not store, process or convey any of your credit card data but relies completely on third parties to handle these functions. You must fulfill with such third party’s terms & conditions made accessible to you. Payments outstanding for the TrackKnight may be subject to the 2checkout services contract. If you do not agree to 2checkout’s terms & conditions, then please do not sign up for the TrackKnight.
Your TrackKnight email tracking will not be started until your first payment is received. Payments are due in agreement with the fee plan yearly or monthly in advance. Yearly or monthly fees are instinctively charged to the credit card that you provided when you registered for the TrackKnight. Extra fees will be charged to you on a pro-rata basis in the occasion that you enhance any additional licenses or upgrade your email tracking service during the TrackKnight subscription term. To cancel our email tracking service, visit your my account page and hit the 'cancel subscription' link. We initiate to process cancellation requests instantly, but your credit card provider may need some days to process your termination request. We are not responsible for delays affected by your credit card company.
If any payment outstanding TrackKnight is composed at law or through an advocate at law or under instruction therefrom or through a collection agency, you agree to pay all charges of collection, without restriction, all court charges, and reasonable attorneys' fees.
We warranty that we have validly entered into these terms & conditions and have the legal power to do so. You warranty that
(a) You have authentically entered into these terms & conditions and have the legal authority to do so
(b) You have all essential rights, licenses, agreements and permissions to use your content with our email tracking services.
Our email tracking is licensed.You bear all risk of using it. TrackKnight, on behalf of itself, Microsoft, wireless carriers over whose system our email tracking services are distributed, and its and their own associates, sellers, agents, and suppliers, gives no direct warranties, guarantees, or conditions below or in relative to the TrackKnight. You may have extra customer rights under your native laws which this agreement cannot change. To the extent allowed under your native laws, TrackKnight and all suppliers eliminate any indirect warranties or conditions, including those of merchantability, suitability for a specific purpose and non-infringement. TrackKnight does not warrant that
Any verbal or written advice provided by TrackKnight or its official agents will not be thought to create any warranty. Some authorities do not allow the elimination of indirect warranties so some or all of the above eliminations may not apply to you.
TrackKnight’s liability with respect to any single event arising out of or associated with the delivery, usage or performance of our email tracking services or these terms & conditions will not surpass the amount paid by you hereunder in the one year earlier the event; provided that in no event shall TrackKnight’s collective liability arising out of or related to these terms & conditions surpass the total amount paid by you hereunder. The previous limitation will not limit your payment requirements.
In no occasion will TrackKnight be liable to you or any third party for indirect, special, incidental, significant and disciplinary damages though caused and under any theory of liability, whether under these terms & conditions or the arising in any way in connection with our email tracking services or these terms & conditions and whether in contract, strict liability or offence even if TrackKnight has been recommended of the possibility of such damage. The previous disclaimer of susceptibility will not apply to the stage banned by appropriate law. You agree not to pursue to recover any other damages, including significant, lost profits, special, indirect or related damages from any distributor.
You agree that the above restrictions of liability, together with the other necessities of these terms & conditions that limit liability, are vital terms & conditions of these terms & conditions and that TrackKnight would not be enthusiastic to allow you the rights set out in these terms & conditions but for your agreement to these limitations of liability.
The TrackKnight content and other material are secure under copyright, trademark, and other laws. You admit and agree that TrackKnight possesses all right, title and interest in and to the TrackKnight and you agree not to take any action unpredictable with such ownership benefits. You do not obtain any rights or licenses under any of TrackKnight’s copyrights, patent requests, trade secrets, trademarks or other intellectual property rights on account of these terms & conditions. Any and all
You admit and specifically agree that any involvement of comment or reviews does not and will not give or allow you any right, title or attention in the TrackKnight. All comment and reviews become the only and limited stuff of TrackKnight and TrackKnight may use and reveal response and amendments in any way and for any purpose whatever without additional notice or reimbursement to you and without retention by you of any copyrighted or other right or claim. You hereby allocate to TrackKnight any and all right, title and interest that you may have in and to any and all response and amendments. Upon request by TrackKnight, you will perform any document, registration or file compulsory to give the result to the previous assignment. In addition ,TrackKnight shall have the right to copy, use, allocate, and show any information, study, statistics and other data produced by the TrackKnight, including compiling of gathered statistics about our email tracking services; provided, though, that TrackKnight shall not openly reveal or allocate any such data except such data is in gathered form that would not permit a third party to recognize the data as related to you.
You agree to underwrite and protect TrackKnight and its associates, directors, officers, employees and agents from and against all claims brought against TrackKnight by any third party arising from your usage of the TrackKnight or any defilement of these terms & conditions, the rights of a third party or appropriate law. Your indemnification responsibilities set out in this segment apply to any appropriate activities occupied under your account. TrackKnight possesses the right, at its own expenditure, to undertake the exclusive protection and control of any substance subject to indemnification hereunder. In any occurrence, no settlement that disturbs the rights or responsibilities of TrackKnight may be completed without TrackKnight’s previous written endorsement.
We may amend these terms & conditions at any time. Amendments become actual instantly upon your first use of our email tracking services afterward the “last revised” date at the top of this page. Your continual access or usage of our email tracking services after the amendments become active is believed your definite acceptance of the amended terms & conditions.
These terms & conditions will automatically terminate when you fail to fulfill any term or condition of these terms & conditions. On termination, you will stop all use of our email tracking services and will extinguish any copy of any and all parts of our email tracking services in your ownership or control. Termination will not bound any of TrackKnight’s other rights or remedies at law
You agree that you will not transfer or retransfer, directly or indirectly, our email tracking services or other info or resources provided by TrackKnight, to any country.
You are only responsible for any and all duties, taxes, charges or fees obligatory on or in connection with these terms & conditions or our email tracking services by any specialist.
You agree that a breach of these terms & conditions will cause damage to TrackKnight for which money compensations will not provide a satisfactory remedy and TrackKnight will be allowed to seek reasonable assistance in addition to any remedies it might have hereunder or at law without a limit, other security or evidence of damages.
Excluding specifically set out in these terms & conditions, these terms & conditions may not be amended excluding by a writing implemented by the accordingly official representatives of TrackKnight. No other performance, document, or custom will be thought to amend these terms & conditions. These terms & conditions will harden to the benefit of and will be compulsory upon all party’s successors and assigns. These terms & conditions and the licenses allowed hereunder may be apportioned by TrackKnight but you may not allow them without the previous written agreement of TrackKnight. If any facility hereof is or becomes, at any time or for any purpose, unenforceable or unacceptable, no other facility hereof will be affected thus and the remaining requirements will remain the same effect as if such unenforceable or unacceptable requirements will not have been implanted herein; provided that the attitude of either party to gain significantly the negotiated for performance of the other will not have thereby been compromised. If either party fails to achieve any term hereof and the other party does not apply such term, the failure to implement in any event will not establish a relinquishment of any term and will not avoid implementation on any other event. Nothing controlled in these terms & conditions will be thought to establish either party as the negotiator or representative of the other party or both parties as joint schemes or associates for any determination. The titles and captions limited herein are for convenience. These terms & conditions are ruled by and construed and compulsory in agreement with the internal laws of the country. Any litigation by one party against the other arising under these terms & conditions regarding any rights under these terms & conditions will be originated and preserved in any state or federal court located in the country and both parties hereby submit to the authority and site of any such court. Please ask if you have any questions related to these terms & conditions to our support team by submitting a request at trackknight.com with the subject of “terms & conditions of TrackKnight”.
