TERMS & CONDITIONS

Terms of Service

Last updated: December 1, 2025

Welcome to TrackBranded (“Company,” “we,” “our,” “us”). These Terms govern your access to and use of the TrackBranded platform and all related tools, features, websites, and services (“Service”). By creating an account, subscribing, or using the Service, you agree to be bound by these Terms.

1. Definitions

  • “User” / “You” / “Customer”: the person or entity using the Service.

  • “Account”: Your user account used to access the Service.

  • “Subscription”: access to the Service under a paid plan (monthly, yearly, or custom).

  • “Content”: any data, links, URLs, metadata, or materials you upload or generate using the Service.

2. Eligibility

You must be at least 18 years old (or of legal age in your jurisdiction) and have legal capacity to enter into this agreement.

3. License & Service Access

  • We grant you a non-exclusive, non-transferable, revocable license to use the Service for your internal/business use (not for resale or redistribution). 

  • You may use the Service to create shortened URLs, branded links, QR codes, UTM links, and related analytics—as described on our site.

  • We retain all rights, title, and interest in the Service, including software, backend systems, infrastructure, and intellectual property, except for the rights you retain over your Content. 

4. Acceptable Use & Prohibited Conduct

You agree not to use the Service for:

  • Malware, phishing, spam, hacking, or distributing malicious or harmful content. 

  • Fraudulent or illegal campaigns, deceptive redirects or malicious content. 

  • Infringement of third-party rights (copyright, trademark, privacy, etc.). 

  • Any abuse, harassment, hate content, or unlawful behavior.

  • Attempts to reverse-engineer, decompile, circumvent security, or otherwise exploit the Service.

  • Any use in violation of applicable laws or third-party terms.

We reserve the right to suspend or terminate access if you violate these rules. 

5. Accounts & Security

  • You must provide accurate, current information when registering.

  • You are responsible for maintaining the confidentiality of your login credentials and all activities under your account.

  • You must notify us immediately if you suspect unauthorized use or compromise of your account.

  • You may not share or transfer your account to others, unless explicitly allowed by us.

6. Subscription, Billing & Payments

  • The Service is billed on a recurring subscription basis (monthly, yearly, or other cycle, as described when you subscribe). 

  • By subscribing, you authorize us (through our payment provider, such as Paddle, Stripe, or another) to charge recurring fees until you cancel.

  • All prices and fees are shown in USD (unless otherwise stated).

  • If a payment fails (e.g. card expiration, insufficient funds), we may pause or suspend your account until payment is successful.

  • If we offer free trials (for certain plans), you will not be charged during the trial. Unless you cancel before the trial ends, your paid subscription begins automatically.

6.a Auto-Renewal & Consent

  • Your subscription will auto-renew at the end of each billing period, unless you cancel before renewal. This continued access constitutes your express consent to recurring billing. =

7. Cancellation, Termination & Refunds

  • You may cancel at any time. Cancellation takes effect at the end of the current billing period; you keep access until then.

  • Unless otherwise specified in our separate Refund & Billing Policy, we do not guarantee refunds for unused portions of an active period — except where required by law or under special circumstances.

  • We reserve the right to suspend or terminate your account immediately if you violate these Terms, misuse the Service, or engage in prohibited conduct.

  • Upon termination, your license to use the Service ends. We may delete or block your access to Content as described in our data-handling policies (e.g. DPA / Privacy Policy).

8. Warranties, Disclaimers & No Guarantee

  • The Service is provided “as-is” and “as-available,” with no guarantee of uninterrupted or error-free service. 

  • We make no warranties — express or implied — including fitness for a particular purpose, merchantability, non-infringement, or compatibility with third-party services.

  • We are not liable for service downtime, data loss, corruption, or delays beyond our reasonable control (e.g. third-party outages, force majeure).

9. Limitation of Liability & Indemnification

  • To the fullest extent allowed by law, we and our affiliates, officers, employees, licensors, and partners are not liable for any indirect, incidental, special, punitive, or consequential damages — including lost revenue, profits, business interruption, data loss, or goodwill. 

  • Our total liability for any claim related to the Service — whether contract, tort (including negligence), or otherwise — shall not exceed the amounts you actually paid to us in the 12 months preceding the event giving rise to liability.

  • You agree to indemnify and hold us harmless from any damages, losses, liabilities, claims, or expenses (including legal fees) resulting from your use of the Service in violation of these Terms, or from your Content (e.g. third-party claims, infringement, misuse). 

10. Intellectual Property

  • We own and retain all rights (title, interest, and IP rights) in the Service, including software, infrastructure, trademarks, branding, and any derivative works. 

  • You retain rights to your Content (URLs, data, metadata) you provide or generate. By using the Service, you grant us a worldwide, royalty-free, non-exclusive, sublicensable license to store, use, display, transmit, and process your Content as necessary to deliver the Service.

  • You represent that your Content does not infringe on any third-party rights, and you are responsible for all Content you upload or create.

11. Service Modifications, Maintenance & Availability

  • We may update, change, or discontinue features of the Service at any time, with or without notice.

  • We are not liable for interruptions, downtime, or temporary inaccessibility due to maintenance, upgrades, or external third-party issues.

  • We will make commercially reasonable efforts to maintain service availability, security, and data integrity, but we cannot guarantee 100% uptime. 

12. Data Protection & Privacy Policies

  • Our handling of personal data is governed by our Privacy Policy and Data Processing Addendum (DPA). By using the Service, you agree to be bound by those policies.

  • If you provide personal data (either your own or that of third parties), you ensure you have the rights, consents, or legal basis to submit such data.

13. Governing Law & Dispute Resolution

  • These Terms are governed by the laws of the jurisdiction in which TrackBranded (or our parent legal entity, Global X MGT LLC) is incorporated.

  • Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by the courts of that jurisdiction, unless otherwise mutually agreed by the parties. 

14. Amendments / Changes to Terms

  • We may update or modify these Terms at any time. When we do, we will post the updated version on our website and update the “Last updated” date at the top.

  • Continued use of the Service after modifications constitutes your acceptance of the revised Terms. 

15. Miscellaneous

  • If any provision of these Terms is found invalid or unenforceable under applicable law, such provision will be deemed modified to reflect the parties’ intent to the maximum extent permitted — the remaining provisions will remain in full force.

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

  • You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign this agreement in connection with merger, acquisition, or sale of assets, provided you receive notice.

16. Contact Information

If you have any questions, concerns, or violation reports, you may contact us at [email protected].