TraceMyIP Service Terms and Conditions

This Terms of Service Agreement (the "Agreement") is made and entered into by and between TraceMyIP ("TraceMyIP, LLC") and TraceMyIP user ("Customer", "Subscriber", "Data Controller", "Entity", "End-user", "You").

The Terms of Service describes your rights and responsibilities and declares the terms and conditions under which you may use TraceMyIP website visitor ("Internet users") tracking services. This agreement applies to service access points such as direct access to tracemyip.org and its subdomains, APIs, SMS, service email notifications, SaaS implementation, server-side and client-installed applications, widgets, graphic badges, tags, buttons, and other methods via which the service is delivered, including otherwise provided software that can be installed on Customer's websites and within applications.

Please read these terms and conditions carefully prior to using TraceMyIP Service. By using the TraceMyIP service, you agree to be legally bound by these Terms and Conditions, the Privacy Policy and the applicable addendum(s) as specified in this document. If you do not agree with these terms, you may not use TraceMyIP service. You further must agree to use TraceMyIP services on "as provided and as available" basis and at your own risk.

1. Who can utilize TraceMyIP services
   Any party that utilizes TraceMyIP services must enter into a binding contract considering that the laws of applicable Customer's jurisdiction permit the usage of such services. Any person entering into the binding contract with us must be at least 12 years old or older (whichever dictates the legal age in the applicable jurisdiction) to enter the service contract. If the following TOS are accepted on behalf of another legal party other than the one who initiated the contract, such as an organization, company, government, or other legally established entity, a Customer must warrant that he or she is authorized and bears the authority on behalf of the entity to contract under our TOS. The "Customer" in the scope of this agreement shall further refer to the entity that indirectly or directly enters into this agreement.
2. Privacy Policy
   TraceMyIP privacy policy governs the operational structure of how the information we collect is handled via end-user direct interaction with tracemyip.org and all of its subdomains. By accepting the TOS, our end-users must have a clear understanding of our privacy policy and fully accept the policy as a part of the agreement within this document.
   
   Our privacy policy can be accessed at https://www.tracemyip.org/privacy.htm
3. General Data Protection Regulation (GDPR) (EU) Compliance
   Starting from May 25th of 2018, TraceMyIP as Data Processor will provide tools to its end-users to assist with compliance with the applicable laws. As an integrated part of this Privacy Policy, which must be accepted by TraceMyIP end-users, a GDPR Data Processing Addendum has been updated and can be found at https://www.tracemyip.org/gdpr-data-processing-addendum.htm
4. TraceMyIP data processing services
   TraceMyIP services allow its Customers to use its data processing services to acquire, store and attach contextual content to individual anonymous visitor records within the contents of website visitor tracking logs. This feature is only allowed to be used with visitors residing outside of the European Union residents. You cannot store and attach personally identifiable information about specific visitors if they are identified as EU residents. This is governed by GDPR compliance. You can, however, store and associate fictitious names with anonymous website visitors as long as this type of data does not allow identifying a particular EU resident.
   
   If you elect to collect or store personally identifiable information using TraceMyIP data processor services, these actions must be warranted by the distinct purpose of service utilization, where such actions are absolutely necessary for an entity's operation (e.g., security provisions to detect and prevent billing fraud, company terms of service violations monitoring, etc.). As TraceMyIP Customer, you will bear a full legal responsibility to the fullest extent of the applicable law and hereby release and agree to indemnify and hold harmless TraceMyIP from any and all liability that may arise from all claims, liabilities, demands, suits, causes of actions or proceedings arising from the negligent acts.
5. Data privacy and restrictions for collected and processed information by TraceMyIP
   As a Customer, you must not allow any third party to utilize TraceMyIP services to track or collect personally identifiable information of Internet users. This includes an absolute prohibition from association or linking of personally identifiable information to any website data collected and processed with TraceMyIP unless warranted by the terms of intended usage, in which case the Customer will bear full legal responsibility to the fullest extent of the applicable law.
   
   A TraceMyIP Customer must have a privacy policy that defines the intended use of the type of information collected as permitted by an applicable jurisdiction law. This must include but not be limited to:
   
   a. Transparent privacy policy easily accessed by all website visitors
   b. Statement of usage of third-party tracking services
   c. Statement of usage of essential to website function cookies and optional cookies that are non-essential to website operations
   
   By utilizing TraceMyIP, the end-user acknowledges and agrees that the data under each end-user's account must remain entirely private. The data, however, can be optionally shared (if data is not subject to the limitation of applicable laws, such as GDPR) by the end-user via enabling a data-sharing option under the end-user's account. The option grants TraceMyIP permission to make the end-user's website statistical data public for the end-user and grants the right to TraceMyIP to use such data for promotional or other purposes if required.
6. Free and Premium Subscriber Services
   At its discretion and availability, TraceMyIP can provide two tiers of service - a free tier supported by third-party advertisements placed on the public and subscriber-only pages and a premium service that is subject to the limitation of scalability. TraceMyIP reserves the right to change the availability of both tiers and may change its fees and payment policies from time to time. Unless otherwise stated, all service fees are reflected in U.S. Dollars. Any balance that is outstanding is immediately due and payable upon termination of the Agreement and any expense collection (which may include legal attorney's costs) incurred by TraceMyIP shall be included in the outstanding amount owed. Free service is provided for a limited term as specified at the time of the initial subscription, after which the availability of free service renewal is subject to availability per the terms of this user agreement.
   
   Any features available through the TraceMyIP subscription tiers are subject to revisions, upgrade or downgrade at any time without prior end-user notifications.
7. Subscriber Account Security and Credentials
   To utilize TraceMyIP service, a subscriber must complete a registration form and process it by the mechanism provided by TraceMyIP. This registration information will require accurate information including an email address and a password. A subscriber is solely responsible for protecting this information safe outside the security measures as provided by TraceMyIP. A subscriber must notify TraceMyIP immediately if any unauthorized use of TraceMyIP account is suspected or any breach of security has occurred. TraceMyIP customer service may log in to the customer's account to maintain security and/or provide customer-related service inquiries.
8. Non-Exclusive Service License
   Subject to applicable terms and conditions of this TOS, TraceMyIP grants its website visitors and Customers a non-exclusive, limited, revocable license (non-sublicensable) to use TraceMyIP visitor tracking and other tools as provided and to install and copy TraceMyIP code, the display provided graphic elements on Customer's digital Domain Properties or Third Party Properties and remotely log in to TraceMyIP subscriber gateway pages to access, view and download data as stored at tracemyip.org.
   
   Unless otherwise stated, any entity is not allowed to
   
   a. Attempt to access the source code of the software and copy, modify, decompile reverse-engineer, convert, translate, encrypt, or create derivative works of any content or software or documentation.
   b. Sell, assign, transfer, sublease, lease or rent the right to use the software, documentation, or its service unless otherwise stated.
   c. Remove branding, notices, and explicitly posted notifications as provided by the service.
   d. Interfere with the operation of the service or software and label the data as provided with third-party identification for purposes of gaining ownership or any other purpose pertaining to the generated service reports and graphic and data tools as provided to be used on service subscriber websites.
9. Indemnification
   TraceMyIP provides no exclusive guarantees for the service availability or the physical safety of the data stored on its servers.
   
   The end-user agrees to defend, indemnify and hold TraceMyIP harmless from and against any and all claims, liability, losses, and any other expenses that may arise, including but not limited to attorney's fees that may follow the end-user's violation of this agreement or copyright law, local jurisdiction laws, breach of privacy or security rights for the proprietary technology developed by TraceMyIP and other technologies utilized. Furthermore, TraceMyIP's liability may not exceed the subscription cost of the services provided.
10. End-user account termination policy
    TraceMyIP has the right immediately to terminate any end-user account along with the processed data without prior notice if the following conditions are violated:
    
    a. The end-user agrees not to utilize any means of obstructing the view or altering the style of installed tracker icons. The icons must be visible in their entirety unless an appropriate subscription plan allowing hiding the trackers is purchased.
    b. The end-user agrees not to use any means of automatic page reloading for the purpose of updating the visual or otherwise resulting in service feedback stats in the membership area. Such methods consume unnecessary server bandwidth.
    c. Under no circumstances, an end-user will use TraceMyIP trackers for emails and on sites that include malicious content, and adult or hate-related materials.
    d. TraceMyIP cannot be utilized on websites that contain adult material, websites that encourage racism, or any kind of discrimination, and websites related to hatred, violence, religious persecution, or the initiation of force against others.
    e. Both TraceMyIP and the end-user own the right to utilize the data captured and processed on as needed basis.
11. Service Fulfillment Terms
    
    Service Delivery Terms
    All TraceMyIP subscriptions are activated within 10 minutes if paid via electronic methods such as credit card or PayPal. If paying by check, please allow up to 7 business days for your payment to clear.
    
    Return & Cancellation Policy
    All premium subscription services provided by TraceMyIP are subject to a 30-day satisfaction guarantee unless otherwise stated. First-month subscription fee refunds are subject to review where customer feedback is required in order to improve the quality of services provided. To cancel a subscription and request a refund for the first month of service, a TraceMyIP subscriber must submit a technical support ticket. There will be no refunds for the usage of service beyond the 30-day period, although a subscriber can cancel his or her yearly subscription at any time.
12. Limitation of Liability
    To the full extent and as permitted by applicable law, TraceMyIP will not be liable for any lost revenue, whether direct, indirect, incidental or consequential, including damages, even if TraceMyIP operators and subsidiaries and affiliates should have been aware of that the damages had a possibility of occurrence, TraceMyIP's liability to Customers or any other entities for any loss or damages occurred as a result of demands, claims or actions related to this agreement will not exceed $350 (USD).
13. Other terms and conditions
    
    a. TraceMyIP reserves the right to change the terms of usage, policies, and provisions at any time without direct end-user notifications or immediate posting of the revised terms and conditions on its website.
    b. TraceMyIP retains all the ownership rights and copyright for all materials related or produced by TraceMyIP such as identity, trademarks, developed software including its trade secrets, logos, databases, collective web site reports and any other content hosted or otherwise provided via tracemyip.org and its subdomains presence.
    c. TraceMyIP is not to be kept liable for any damages, direct or consequential that may arise from the usage of the service, a failure to provide the service, or immediate termination of the service without end-user notification. TraceMyIP does not guarantee service availability and is not responsible for damages resulting from interruption of the service or data loss that may occur due to circumstances beyond reasonable TraceMyIP control.
    d. If the agreement (the "Subscription") is terminated by either end-user or TraceMyIP or both, the end-user and TraceMyIP, the end-user agrees to remove any trademarks, logos, and code from all websites in control that have been processed by TraceMyIP. Furthermore, by canceling a subscription, either free or premium, the end-user, therefore, agrees that his or her account along with any data acquired will be permanently terminated by the system without an option for recovery.
    e. The end-user accepts full responsibility for placing a TraceMyIP tracking device on one or more web pages or other implementations where personal tracking is possible and bears sole responsibility for following the visitor tracking laws that may be applicable such as those legislated in European Union.
    g. TraceMyIP cannot be utilized on pages where purchasing or otherwise utilizing of low quality and/or invalid sources of visitor traffic is an ongoing practice. This practice often delivers bursts of invalid traffic that overloads and places a high demand on TraceMyIP server resources preventing other TraceMyIP users from utilizing the service. In such case, the abusing accounts can be immediately terminated at our discretion along with the erasure of the data without an option of recovery.
    f. TraceMyIP cannot be utilized for tracking users in chat rooms, online messaging, or emails.