Terms of Service

1. Who we are

Trackit ("Trackit", "we", "us") is operated by Trackit Inc.. Full company details are in the legal notice. Questions: hello@thentrack.it.

2. Definitions

• "Service": the Trackit platform, website, web app, creator app, and their features.
• "Customer" or "Brand": the company or professional that uses the Service to run creator programs and, where applicable, buys a Subscription.
• "Creator": a person who produces content and works with a Brand (gifting, affiliate, sponsored content) through the Service.
• "User": anyone with a Trackit account, Brand or Creator.
• "Subscription": the paid plan purchased by the Customer (Growth, Pro, Scale, or any other plan offered).

3. Access and accounts

The Service is intended solely for professionals acting for business purposes: Brands, agencies, and Creators carrying out commercial influencer activity. You must be at least 18 and able to enter a binding contract; if you act for a company, you confirm you are authorized to bind it.

You agree to provide accurate, up-to-date information and to keep your credentials confidential. You are responsible for all activity under your account, including by your team members.

4. The service

Trackit lets Brands discover Creators, run gifting and affiliate campaigns, generate tracking links and codes, track attributed sales (including via Shopify), and calculate and pay commissions. Creators can receive offers and follow their collaborations and earnings.

Features evolve over time and some depend on your plan. We may change or remove features, but will not remove an essential feature of an active Subscription without telling you in advance.

5. Plans and prices

Trackit offers a free plan (Free) and paid Subscriptions (including Growth, Pro, and Scale). The content, limits, and price of each plan are those shown on the Pricing page at the time of purchase; that page prevails.

Prices are shown excluding taxes, in US dollars or euros depending on your region. Applicable taxes (including VAT or sales tax) are added based on your situation and shown at checkout.

We may change our prices. Any increase affecting an active Subscription is notified at least 30 days in advance and applies only from the next renewal; you may cancel before it takes effect.

6. Ordering, payment, and invoicing

Subscriptions are purchased online in the Service. Payments are processed by our payment providers, Whop and Stripe, under their own terms; Trackit never has access to your full card number. Fees are payable in advance at the start of each billing period and charged automatically to the payment method on file.

Invoices are issued electronically and available from your billing area or the payment provider's portal.

If a payment fails, we may, after a reminder that goes unanswered, suspend paid features or move the account to the free plan. Where French law applies, overdue amounts bear late-payment interest at three times the French legal interest rate plus a fixed collection fee of €40 (article L. 441-10 of the French Commercial Code).

7. Term, renewal, and plan changes

Subscriptions are monthly or annual, as chosen at checkout. They renew automatically for the same term at each renewal date unless cancelled before it.

Upgrades take effect immediately and are prorated by the payment provider. Downgrades take effect at the end of the current billing period.

8. Cancellation by the Customer

You may cancel your Subscription at any time from billing settings or by emailing us. Cancellation takes effect at the end of the current billing period: paid features remain available until then, after which the account moves to the free plan.

Any billing period that has started is due. Except where required by law or in case of our own breach, fees paid are non-refundable, including for an annual Subscription cancelled mid-term.

You may delete your account from settings or on request. Please export any data you need beforehand.

9. No right of withdrawal

Because the Service is purchased by professionals for business purposes, the statutory right of withdrawal available to consumers (such as the 14-day EU withdrawal right) does not apply.

10. Relationship between Brands and Creators

Trackit is a technical tool for connecting, managing, and tracking. Trackit is not a party to agreements between Brands and Creators, does not act as agent for either party, and does not guarantee the results of any collaboration or the conduct of any User.

The Brand is solely responsible for:

• setting the terms of each collaboration (commission rates and rules, duration, gifted products, deliverables) and communicating them clearly to the Creator;
• shipping gifted products, their compliance and safety, and shipping costs;
• paying the commissions owed to Creators, which are borne exclusively by the Brand, on the agreed schedule;
• complying with advertising and commercial-practice rules, including influencer marketing laws (such as French law no. 2023-451 of June 9, 2023, and the FTC Endorsement Guides in the US).

11. Creator commitments

Creators are solely responsible for their content and posts. In particular, they agree to:

• clearly disclose the commercial nature of their content ("Ad", "Paid partnership", or any disclosure required by law and platforms);
• not promote prohibited or regulated products unlawfully, and not make misleading claims;
• comply with social platforms' terms and third parties' rights;
• report their income and meet their tax and social obligations on commissions and products received.

12. Sales tracking and commissions

Attributed sales and commissions are calculated from the tracking data available (links, discount codes, store data). This data may be incomplete or delayed (ad blockers, cleared cookies, returns, cancellations, integration outages). It is provided for information; the Brand remains responsible for approving commissions and the amount finally paid.

When Creator payouts are executed through an integrated payment provider (for example Stripe Connect), they are subject to that provider's terms. Commission disputes are settled between the Brand and the Creator; on request, we can share the tracking data available.

13. Acceptable use

• Do not use Trackit for unlawful, fraudulent, or misleading purposes (fake sales, self-attributed commissions, tracking manipulation, etc.).
• Do not harass Creators or send unsolicited messages that violate laws or third-party platform rules.
• Do not attempt unauthorized access to our systems or other Users' data, or disrupt the Service.
• Do not resell, scrape, or bulk reproduce data from the Service without permission.

14. Data and content

You keep ownership of your content and data. You grant us a non-exclusive license, for as long as you use the Service, to host, process, and display it solely to provide the Service.

For personal data you import or process through the Service (Creators, your store's customers), you act as controller and Trackit as processor, as described in the Privacy Policy.

15. Intellectual property

Trackit, its brand, interface, databases, and software remain our exclusive property or that of our licensors. A Subscription grants you a personal, non-exclusive, non-transferable right to use the Service for its term.

16. Availability and support

We aim to keep the Service available 24/7 but do not guarantee uninterrupted or error-free operation. Maintenance may cause interruptions, announced in advance where possible. Third-party integrations (Shopify, Stripe, Whop, social platforms, etc.) are subject to their own terms and we do not guarantee their availability.

Support is provided by email at hello@thentrack.it.

17. Liability

The Service is provided "as is" and we act on a best-efforts basis. We are not liable for indirect losses (lost revenue, customers, data, or goodwill), nor for the acts, content, or failures of Brands, Creators, or third-party platforms.

To the maximum extent permitted by law, our total liability for all claims is limited to the amount actually paid by the Customer for the Service in the twelve (12) months before the event giving rise to the claim. These limits do not apply in case of gross negligence or willful misconduct.

18. Suspension and termination by Trackit

We may suspend or close an account for breach of these Terms, non-payment, fraudulent use or use that puts the Service, Users, or third parties at risk, or at the request of an authority. Except in urgent cases or serious breach, we notify you first and give you a reasonable time to fix the issue.

If we terminate for serious breach, no refund is due. If we shut down the Service without any breach on your part, we refund the prepaid, unused part of the current period.

19. Force majeure

Neither party is liable for a failure caused by force majeure (article 1218 of the French Civil Code), including the failure of a host or essential provider beyond our control.

20. Changes to these Terms

We may update these Terms. Material changes are notified by email or in-product at least 30 days before they take effect. If you disagree, you may cancel before that date; continued use constitutes acceptance.

21. Governing law and disputes

These Terms are governed by French law. The parties will first seek an amicable solution. Failing that, any dispute relating to their formation, performance, or interpretation falls under the exclusive jurisdiction of the courts of Paris, France, including in case of multiple defendants or third-party claims.