trackieTerms of Service
Last modified: January 25th, 2013
Applicability: these terms and conditions and the privacy policy it contains (collectively: the “Terms”) apply to the legal relationship between Barzooka, a single proprietor under Dutch law, with its address at Groenmarktkade 13/2, Amsterdam, registered with the Dutch Trade Register with number 34296485 (“we” or “us”) and you (“you” or a “user”).
Our Services: for a monthly fee (specified on our website), we offer an online software service (the “Service”) that allows you to track ‘issues’, ‘tasks’ or unresolved matters you may encounter in an ongoing project (the “Content”). By selecting our Service in our online checkout process, you agree to be bound by the Terms.
We keep your info safe: All information transferred between you and us, or between you and other users, is shared with us only on a strictly need to know basis only (e.g. to help you retrieve access to your account), and is treated with strict confidentiality.
We offer a service – nothing else: we do not check, open or view your Content. Content remains on our servers for as long as you continue use of our Service (in accordance with these Terms). If you terminate the use of our Service, the Content is removed.
No representation: while we use our best efforts to only offer our Service via reputable third parties (such as payment service providers) and to reputable users, we make no representation or warranty in relation to the content or quality these parties or users.
Tracking your Content: once you have access to the Service, you will receive a confirmation email, with information and instructions on how to start tracking Content and involving other users in your projects.
Rules of Conduct: we respect your rights and demand that you respect our rights, the rights of other users, and of third parties. This includes privacy and intellectual property rights, such as trademarks, service marks, trade names and logos. You are not allowed to use our Service to infringe on any rights, including privacy or intellectual property rights or to promote, enable or facilitate others to infringe on any rights. As a condition to make use of the Service, you agree not to track any Content in relation to a products or services that are in contravention of any applicable legislation. In addition, you agree not to:
- impersonate or pretend affiliation with any person or entity;
- access any non-public areas of our website or Service;
- spread viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind and for any purpose;
- attempt to probe, scan, compromise or test the vulnerability of our website or Service or any related system or network or breach any security or authentication.
Please report misconduct: you agree to immediately report to us any conduct by a Merchant, a user, a recipient or a third party that does not comply with this Agreement. You can do so by contacting info@trackieapp.com.
We will disclose or investigate Content only if: we reserve the right to disclose Content and any other information in so far necessary (i) to defend ourselves in legal proceedings (ii) to follow a court order, (iii) to abide by any law, regulation or governmental request, (iv) to safeguard national security, defence, public security or public health and (v) to uphold our Terms.
Indemnity: You will defend, indemnify and hold harmless us, our employees and our affiliates, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal and accounting fees), arising out of or in any way connected with your access to or use of the Service or your violation of these Terms, including any third party claims that the Service infringes or violate any third party rights. However, this limitation of liability does not intend to exclude our liability if we are intentionally or deliberately reckless.
Liability: in no event will we be liable to you (or to any third party) for any damages arising out of the use of the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory and whether or not we have been informed of the possibility of such damage, even if any limited remedy is found to have failed its essential purpose. We do not accept any liability for damage as a result of an attributable failure in the performance (toerekenbare tekortkoming) of the agreement to provide the Service or pursuant to an unlawful act or whatever other reason, including, but not limited to any incidental, special, consequential damage resulting from or in connection with the use of the Service. In the event we are liable for damage under mandatory law, our aggregate liability to you for any and all claims arising out of or in connection with the use of the Service will in no event exceed one hundred euro (€100) per incident.
Governing Law & Jurisdiction: these Terms are governed, interpreted and enforced according to the laws of the Netherlands. The exclusive jurisdiction and venue of any action with respect to any subject matter relating to these Terms will be the courts located in Amsterdam, the Netherlands.