Last Updated: February 22, 2017
This End-User License Agreement ("Agreement," "EULA," or "License") is a legal agreement between you and TrackOFF, LLC (the "Company") a Delaware limited liability company regarding your use of the TrackOFF desktop application and/or mobile application, including any re-branded/white labeled version of the software, and any associated current or future documentation, patches, and updates (collectively, "TrackOFF" or the "Software"). Unless explicitly stated otherwise below, all terms of this Agreement apply equally to the TrackOFF desktop application and the TrackOFF mobile application.
ARBITRATION NOTICE: SECTION 22 OF THIS AGREEMENT SPECIFIES THAT DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By installing TrackOFF and clicking the "I Agree" button, or the “Sign In” button on the mobile application, you consent to be bound by and become a party to this License and represent that you have the authority to enter into this Agreement. If you do not agree to be bound by all of the terms of this Agreement click the “Cancel” button and do not install TrackOFF.
Occasionally we may, in our discretion, make changes to this Agreement. When we make material changes, we will notify you via e-mail. By continuing to use TrackOFF after such changes are made, you are expressing and acknowledging your acceptance of the changes.
We also recommended that you maintain a copy of this Agreement for your records.
2. Grant of License
Subject to the terms and conditions of this License, Company grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable and revocable license to install during the term and solely for your own private use. Any use of more copies of the TrackOFF than are licensed is prohibited. The license for TrackOFF may not be shared by alternating use of the TrackOFF between different computers unless otherwise specified in the offering you purchased.
3. License Restrictions
Unless specifically permitted in terms of this Agreement, you may not (i) copy, reproduce, change, modify, or create a derivative work of TrackOFF; (ii) remove or in any way obscure any ownership or trademark notices on TrackOFF; (iii) sublicense, sell, rent, lease, transfer, assign, display, host, outsource, disclose, distribute or otherwise make commercial use of TrackOFF; (iv) circumvent any activation or license key, or other similar method used to protect TrackOFF against unlicensed use, copying or distribution; (v) post or otherwise make available TrackOFF or any portion thereof, including the activation key, on the Internet or other publicly available forum; or (vi) export or re-export TrackOFF or any underlying technology in violation of the export laws of the United States, the European Community or any other applicable laws or regulations.
4. Prohibition on Reverse Engineering and Improper Use
You may not reverse engineer, decompile, defeat license encryption mechanisms, disassemble, or otherwise attempt to extract the source code or internal data of TrackOFF except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not test, evaluate or observe the operations of TrackOFF in any manner intended to monitor or interfere with the Software. This includes without limitation the use of packet sniffing technology and or process monitoring software to observe how TrackOFF functions.
You may not through the use of any third party software application or otherwise, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, in the Microsoft Windows registry or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software.
5. TrackOFF Registration
You will be provided with an activation key when you purchase a license to use TrackOFF. To activate TrackOFF you must enter the activation key when prompted to do so. You agree not to share your activation key with any other person.
Company may provide you with Updates from time to time at no charge during the term of this Agreement. For the purposes hereof, “Update” means any additional versions of the TrackOFF containing technical modifications, updated information, altered functionality, or any other changes that are intended by the Company to improve or to add to, delete or otherwise modify any aspect of the TrackOFF. Company may push Updates to you over the Internet via TrackOFF by automatically downloading and installing them from time to time. You agree to allow TrackOFF to receive such Updates as part of your use of the Software.
7. Use of the Free TrackOFF Trial Version
You may be granted a free, limited-time or limited-functionality, trial version copy of TrackOFF (the “Trial Version”). To upgrade from a limited-functionality Trial Version of TrackOFF, you must purchase a license to use TrackOFF and enter an activation key. At that point, the Trial Version’s term shall cease and all provisions of this Agreement shall apply in their entirety.
If you use the limited-time Trial Version, upon expiration of the trial period (typically 72 hours), you must purchase a license to use TrackOFF and enter an activation key to continue using TrackOFF. At that point, the Trial Version’s term shall cease and all provisions of this Agreement shall apply in their entirety.
Sections 1-4, 6, and 10-19 shall apply equally to the Trial Version.
8. Subscription and Term of Agreement
This Agreement is effective for the subscription term you purchased unless terminated earlier as permitted below. We may terminate this Agreement at our option if you fail to comply with its terms. You may also terminate this Agreement prior to the expiration of the term by permanently erasing the Software from your computer and canceling your account with us. If this Agreement is terminated, you must stop using the Software and, if you have not done so, you must permanently erase all copies of the Software.
You agree to pay the price for the TrackOFF subscription option that you order, as specified on the TrackOFF Checkout Page. All prices are quoted on the Checkout Page exclusive of federal, state, or local excise, sales, use, or similar taxes, or any export or import fees, customs duties and similar charges applicable to the sale. Company may collect taxes with respect to certain jurisdictions. You agree to pay any and all taxes and or other charges incidental to the purchase or sale of the TrackOFF.
If the Agreement is terminated for any reason or expires, you will no longer be authorized to use or access the Software, and we may cancel and/or close your account at our sole discretion. After the termination or expiration date, we will follow our standard policies to delete any information that you provided to us. Use of the Software, at any time, is governed by the terms of this Agreement.
If you obtained a lifetime license to use TrackOFF via one of the Company’s authorized resellers, then your license’s duration is a maximum of five years, unless a material superseding event causes Company to no longer be able to support the software. The Company will use its best efforts to honor the lifetime duration of your license.
If you are using a Trial Version of TrackOFF, please refer to Section 7 for additional details.
9. AUTOMATIC RENEWAL, CANCELLATION AND REFUND
YOU EXPRESSLY AGREE TO ALLOW COMPANY TO AUTOMATICALLY RENEW YOUR PAID SUBSCRIPTION. PRIOR TO THE EXPIRATION OF YOUR TERM, WE WILL SEND A NOTICE TO THE E-MAIL ADDRESS YOU PROVIDED WHEN YOU SUBSCRIBED, INFORMING YOU OF THE UPCOMING RENEWAL. MONTHLY SUBSCRIBERS WILL NOT RECEIVE THIS NOTICE. YOU WILL BE CHARGED THE RETAIL PRICE FOR THE SOFTWARE THAT YOU AGREED TO WHEN PURCHASING YOUR SUBSCRIPTION. WE WILL SEND YOU VIA E-MAIL A RECEIPT CONFIRMING THE RENEWAL DATE, PRICE, AND SUBSCRIPTION TERM. UPON RENEWAL, THE NEW TERM WILL BE THE SAME LENGTH AS THE EXPIRED TERM UNLESS OTHERWISE SPECIFIED BY US AT THE TIME OF RENEWAL. FOR SUBSCRIPTIONS OF ONE YEAR OR MORE, THE RENEWAL AND YOUR PAYMENT WILL BE PROCESSED WITHIN 30 DAYS OF THE CURRENT TERM EXPIRATION DATE AND EACH ANNIVERSARY THEREAFTER. WE WILL INFORM YOU OF YOUR ACCOUNT STATUS AND ANY CHANGES TO THE TERMS AND CONDITIONS OF YOUR SUBSCRIPTION. ANY TIME AFTER PURCHASING A SUBSCRIPTION, YOU MAY CHANGE YOUR AUTOMATIC RENEWAL SETTINGS BY CONTACTING CUSTOMER SERVICE. IF YOU DO NOT WISH TO BE AUTOMATICALLY RENEWED, YOU MUST TURN OFF OR CANCEL AUTO-RENEWAL AT LEAST THIRTY DAYS BEFORE YOUR SUBSCRIPTION EXPIRES. IF YOU DO NOT TURN OFF OR CANCEL AUTO-RENEWAL, YOUR SUBSCRIPTION WILL CONTINUE UNTIL IT IS CANCELED BY YOU (OR TERMINATED BY COMPANY IN ACCORDANCE WITH THIS AGREEMENT).
You may end your use of the Software at any time and we will offer a refund (for the current term only) if requested within 30 days of purchase by contacting our Customer Support team at [email protected] or by calling 1-(888)-602-1423. More information is available on our Support page: https://TrackOFF.com/support. If you contact Customer Service to cancel your subscription more than 30 days after purchase or renewal, you are not entitled to a refund for any fees that you may have paid in advance for the current term, and you will remain liable for all fees you incur or accrue during the current term. You are responsible for ensuring that your billing information is current, complete, and accurate. If we experience a problem processing payment using the information you originally provided, we may seek to complete your transaction directly through your credit or debit account with your financial institution to prevent an interruption in service.
10. Tracking Activity
TrackOFF’s Tracking Activity Monitor provides an alert when a potential digital fingerprint is detected. TrackOFF determines whether a website is attempting to capture your digital fingerprint based on known techniques used to track online behavior. Because of the nature of how websites are developed and operated, however, it is possible that a web server may request information about your computer and web browser in a manner similar to an attempt to capture your digital fingerprint to assist in the rendering or operations of a website. Under those circumstances, TrackOFF may alert that a website is attempting to capture your fingerprint and increment the “Tracking Attempts Blocked” counter although tracking your activities may not be the intent of the website operator(s).
11. Browser History Clearing
TrackOFF’s history clearing feature deletes files and erases databases that are known to store browsing data. It is possible that the history clearing feature will not remove every possible file or database that may contain browsing history (because, for example, technology changes may allow for files to be stored in new locations). Thus, when TrackOFF provides the “browsing history cleared” alert, it is possible that certain browsing history data may still remain stored. We endeavor to continually update TrackOFF, and will add functionality to remove more files and databases that store browsing history data when we become aware of the threat.
12. Private Search
13. Privacy Condition Score Calculator
The TrackOFF desktop application may provide You with a “privacy condition score.” The privacy condition score can range from 0 to 100, and is based on a proprietary algorithm accounting for your settings and usage of the TrackOFF desktop application, including but not limited to Your use of filtering (i.e., alerts), VPN connection, cookie clearing and blocking, and browser usage. To learn more about how the Privacy Condition Score is calculated, please email [email protected].
14. App Checkup Rating System
The TrackOFF mobile application includes an “App Checkup” rating system feature that rates the privacy risks posed by each app installed on your mobile device. The App Checkup score ranges from 0 to 100, and is based on a proprietary algorithm accounting for the presence or absence of certain permissions granted to each mobile app (with each permission categorized as low, medium, or critical risk), as well as the cache maintained by each app. To learn more about how the App Checkup rating system works, please email [email protected]
15. Intellectual Property Protection
TrackOFF is protected by copyright and uses patent-pending technology. TrackOFF is a licensed product not for retail sale. This License does not provide you with any intellectual property rights in TrackOFF or other third party software included with the Software.
TrackOFF is licensed and not sold to you. This License does not give you any intellectual property rights in the TrackOFF, and does not grant you any license, or interest in any trade mark, trade name or service mark of Company. Company owns and retains all right, title and interest in and to TrackOFF, all copies or portions of TrackOFF, and any derivative works thereof.
16. VPN Service
Company offers VPN service through endpoints in eleven countries (and may add additional servers in the future). As part of the provision of our VPN service, we do not retain any behavioral information (e.g. the websites you visits, media you stream, etc.). However, for security purposes, namely blocking hackers from known IP addresses, Company does maintain a log of IP addresses for no longer than one week, at which point Company will delete those logs. Company will maintain this information in confidence; however, Company will comply with any valid subpoena, court order, or similar legal process requesting information retained by Us.
17. Limited Warranty
TrackOFF is provided to you under this License on an “as is” basis, without warranty or representation of any kind. TrackOFF is provided as general purpose software and not for your particular use. You accept that Company and its suppliers do not represent or warrant that the TrackOFF will meet your requirements or be error or defect free or that any defects in the operation or functionality of TrackOFF will be corrected. You assume all faults, and the entire risk as to performance and responsibility for selecting the software to achieve your intended results, and for the installation of, use of, and results obtained from the software. Company further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights, to the applicable extent permitted by law. Any implied warranties that cannot be excluded are limited to thirty (30) days or to the shortest period permitted by applicable law, whichever is the greater. Some jurisdictions do not allow the exclusion of certain warranties and conditions, therefore some of the above exclusions may not apply to customers located in those jurisdictions.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY/INSTITUTE, WHETHER IN TORT, CONTRACT OR OTHERWISE, WILL COMPANY OR ITS AFFILIATES, BUSINESS PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY BENEFICIARY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DAMAGE FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, COMPUTER FAILURE OR MALFUNCTION AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF, OR IN ANY WAY RELATED TO, THE USE OR THE INABILITY TO USE THE TRACKOFF, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE IN CONNECTION WITH ANY ASPECT OF THIS SOFTWARE, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY, AND EVEN IF COMPANY OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL THE TOTAL LIABILITY OF COMPANY OR ITS SUPPLIERS WHETHER IN TORT, CONTRACT OR OTHERWISE, EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR TRACKOFF. YOU ACKNOWLEDGE THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK AND THAT THE LIMITATION SET FORTH IN THIS SECTION IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES.
In the event that your jurisdiction does not allow for the exclusion of limitation of liability, some of the limitations above may not apply to you.
You will indemnify and hold Company harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorneys’ fees) arising from or relating to your use of the TrackOFF. Your obligations under this section shall survive the expiration or termination of this Agreement.
20. Third-Party Software
Other third-party software may be distributed together with the TrackOFF to assist in its installation and/or operations. Any and all such third party software may require notices and/or be subject to different license terms. By accepting this Agreement, you are also accepting the license terms, if any, under which the third party software is made available. This Agreement does not create a contractual relationship regarding your use of the third party software.
The VPN component of the Software may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access for the source code “Open-Source Software”). If such licenses require that for any software, which is distributed to someone in an executable binary format, that the source code also be made available to those users, then the source code should be made available by sending the request to [email protected] or the source code is supplied with the Software. If any Open-Source Software licenses require that the Rightholder provide rights to use, copy, or modify an Open-Source Software Program that are broader than the rights granted in this Agreement, then such rights shall take precedence over the rights and restrictions herein.
Company may provide you with support services related to TrackOFF. Any obligation Company may have to support previous versions of TrackOFF ends upon the expiration of your subscription’s term or the termination of this License, whichever occurs first.
22. MANDATORY ARBITRATION, CHOICE OF LAW & VENUE
Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, this Agreement is subject to the law of the State of Maryland, United States, without regard to choice or conflicts of law principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Further, you and Company agree to the exclusive jurisdiction of the state and federal courts in the city of Baltimore, Maryland to resolve any dispute, claim or controversy that arises in connection with this Agreement.
If you are a resident of the United States, the following mandatory arbitration provisions also apply to you:
1. You and Company agree that any dispute, claim or controversy arising out of or relating in any way to TrackOFF or your use thereof, including this Agreement, shall be resolved through mandatory binding arbitration. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or multi-party action. This arbitration provision shall survive termination of this Agreement and the termination of your License. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA Rules”), as modified by this Agreement, and as administered by the AAA. You and Company agree that this Agreement involves interstate commerce and is subject to the Federal Arbitration Act.
2. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING. Further, no arbitrator shall consolidate any other person’s claims with your claims, and may not otherwise preside over any form of a multi-party or class proceeding.
3. The arbitration will take place at a location convenient to you in the State where you reside.
4. Any arbitration must be commenced by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim. There shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitations period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law. Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by Company. Any arbitration costs or fees deemed “excessive” by the Arbiter resolving the dispute will be paid by Company.
5. In the event of a conflict between the AAA Rules and this arbitration agreement, this arbitration agreement shall govern. If any portion of this arbitration agreement is deemed invalid or unenforceable, it shall not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration agreement shall be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement shall be null and void as to such claims only. This arbitration agreement shall survive the termination or cancellation of this Agreement. In the event of a conflict between this arbitration agreement and any other applicable arbitration provision, this arbitration agreement shall control.
23. General Provisions
Any rights not expressly granted under this License are reserved. This License is the entire agreement between you and Company with respect to your use of TrackOFF and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations, any additional terms or other similar communication between the parties.
If any part of this Agreement is found to be void, unenforceable or invalid, that part will be deemed stricken and will not affect the validity of the other License provisions. Failure by either party to enforce any provision of this License will not be deemed a waiver of future enforcement of that or any other provision.
Questions about this EULA?
Email: [email protected]