User Agreement

This User Agreement is made by and between “Client” and Tracqpulse, a Company incorporated under the provisions of the Companies Act, 1956 and having its registered office at H-150 Karam Pura, New Delhi 110015 , being the Owner’s licensee, which has the right to provide the “Client’s” access to the performance marketing solution (“Product”) via the website and to collect fees from them for the use of the Product.

Applicability of License

Depending on the product configuration “Client” have chosen, the Product may consist of product documentation, a set amount of Conversions clicks and offers, API access, and email user support, applications, parts of applications and other tools including 3rd party software (each, a "COMPONENT," and collectively "COMPONENTS," of the Product); the Product may also include groups of COMPONENTS identified as any one or more of the following: Support, Services, Updates. This UA defines “Client’s” rights to the COMPONENTS “Client” have elected to receive as part of “Client’s” product.

General Grant of License

1. In general, for each license “Client” have acquired for the Product, one individual is authorised to use the Product according to the terms of this UA. Unless expressly stated otherwise, the Product may not be separated for use by more than the one individual authorised to use the Product. THIS PRODUCT IS LICENSED TO “CLIENT”, NOT SOLD.
2. “Client” shall not, directly or indirectly (i) sell, rent out, lease, license, distribute, market, exploit the Product or any of its parts commercially, (ii) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the Product enable “Client” through a specific feature to create, generate or submit User Generated Content and for which “Client” will need to create an Account), in whole or in part; (iii) create, use and/or distribute “auto”, “script” or “macro” computer programs or other “hack” programs or software applications for this Product; (iv) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and (v) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
3. While using the Product, “Client” agree to comply with all applicable laws, rules and regulations. In all cases, “Client” may only use the Product according to anticipated use of the Product.

Ownership

1. All title, ownership rights and intellectual property rights in and to the Product and any and all copies thereof are owned by Tracqpulse or its licensors. The Product is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Tracqpulse’s licensors may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Tracqpulse’s prior permission and, if applicable, Tracqpulse’s licensors and representatives’. Except as expressly set forth in this UA, all rights not granted hereunder to “Client” are expressly reserved by Tracqpulse.
2. This License confers no title or ownership in the Product and should not be construed as a sale of any rights in the Product.

Limitation on Reverse Engineering, Decompilation, and Disassembly

“Client” may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.

Term and Termination

1. The access to the Product shall be provided to “Client” on a month-to-month basis, until the termination of this Agreement, subject to monthly payment of the Service Fees.
2. “Client” may terminate the Agreement and cancel the subscription prior the start of the next month. “Client” is responsible for the monthly subscription fee payment if termination was not done in stated terms.
3. Without prejudice to any other rights, Tracqpulse may cancel this UA if “Client” do not abide by the terms and conditions of this UA, in which case “Client” must not use the Product and all of its component parts.

Pricing and Payment

1. In consideration for use of the Product, the “Client” agrees to pay the Service Fees... (all pricing/payment text here)
2. Duration of the billing period (invoicing frequency) and the payment time limit shall be specified
3. All rates quoted in the Order Form(s) are exclusive of any sale or other applicable taxes
4. The access to the Product is subject to the payment of the Service Fees
5. The Client is required to provide Tracqpulse with a valid credit card

Refund Policy

1. By purchasing paid access and usage rights.

Use of the Product

1. In addition to “Client’s” obligations.
2. Violation of any provision
3. The Product is operated and maintained solely

Technical Support

1. Tracqpulse does not provide any services to the Users
2. Tracqpulse is not obligated to provide
3. Tracqpulse will use commercially reasonable efforts
4. Only “Client’s” authorized Account
5. Tracqpulse’s technical support response time

Collection of Personal Data

1. In order to provide “Client” with a better experience.
2. Tracqpulse may be under a duty to disclose

Consent To Use of Data

1. To facilitate the services, product support.
2. “Client” agree that Tracqpulse and its affiliates
3. We will maintain certain data
4. “Client” understand that Tracqpulse provides retention
5. “Client” accept that if “Client” wish
6. “Client” agree that we shall have no liability

Disclaimer of Warranties

1. The Limited Warranty referenced below
2. Except for the Limited Warranty

Exclusion of Incidental, Consequential, and Certain Other Damages

1. To the maximum extent permitted by applicable law
2. Tracqpulse is not responsible for downtime
3. Tracqpulse is not responsible for the working capacity

Limitation of Liability and Remedies

Notwithstanding any damages that “Client” might incur for any reason whatsoever

Entire Agreement

This UA (including any addendum or amendment)

Copyright and Intellectual Property

The Product is protected by copyright

Changes to this UA or to the Product

1. Tracqpulse reserves the right
2. If any future changes
3. Tracqpulse may modify the Product

Force Majeure

The Parties agree that neither Party will be liable

No Waiver

No failure or delay by Tracqpulse

Severance

If any court of competent jurisdiction

Law and Jurisdiction

To the extent permitted by applicable law