AllTracking reserves the right at any time to:

1. modify or update any of the Terms of Use, with changes taking effect once posted on the website;
2. suspend or halt access to the Service, or any part of it, as needed for maintenance or other valid reasons;
3. alter or adjust the Service, or any part of it, by adding, removing, or changing features and options.

By continuing to use the Service, you accept the updated Terms of Use. IF YOU DISAGREE WITH ANY OF THE TERMS OR FUTURE CHANGES, YOUR ONLY OPTION IS TO STOP USING THE SERVICE.

If someone agrees to these Terms on behalf of a company, organization, or other legal entity ("Entity"), they confirm they have the authority to legally bind that Entity and its affiliates to these Terms of Use.

1. DEFINITIONS

1.1 General

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings:

Account refers to any and all AllTracking accounts created by or for the User.

AllTracking, Our, Us, We refers to the relevant AllTracking Contracting Party (as described in Section 2 below).

API means the application programming interfaces created and provided by AllTracking, allowing the User to access certain features of the Service. This includes the AllTracking REST API, which allows interaction with an AllTracking instance via automated HTTP requests, and the AllTracking application development API, which enables integration of an AllTracking instance with other web applications.

Applicable Data Protection Laws refers to all relevant data protection and privacy laws that apply to the personal data in question. This includes, where applicable, the General Data Protection Regulation (GDPR) (2016/679), the 2002/58/EC Directive on Privacy and Electronic Communications, and other relevant EU and national laws, (ii) the California Consumer Privacy Act (CCPA) of 2018 and its regulations, the UK Data Protection Act of 2018 (UK GDPR), and (iv) any other applicable data protection laws and regulations, each as amended or replaced over time.

Affiliates of an Entity are any entities that directly or indirectly control, are controlled by, or are under common control with the specified Entity. "Control" refers to the ability to direct or influence the management or policies of an Entity, whether through ownership, agreements, or other means.

Authorized Subprocessors are third parties authorized to process data on behalf of AllTracking.

Authorized Carriers are shipping providers authorized by AllTracking.

Confidential Information refers to any information shared between the User and AllTracking that is labeled as "confidential" or would reasonably be understood as confidential based on its nature. This does not include information that (a) the receiving party already knew, (b) was obtained from a third party not under a confidentiality obligation, (c) is publicly available, (d) was independently developed without the use of confidential information, (e) is anonymized data, or (f) relates to the existence of the business relationship between the User and AllTracking.

Data means any content, including text, images, videos, or other materials, submitted by the User in connection with the use of the Service.

Documentation refers to any written or electronic materials, including videos and images, that describe the functionalities of the Service, provided by AllTracking through the website or other means.

End-User refers to any customer of the User, and/or any individual whose personal data is processed by AllTracking as part of the service provided to the User.

Enterprise User refers to any User who has entered into a Service Order agreement with AllTracking.

Force Majeure includes events beyond the reasonable control of a party, such as natural disasters, wars, terrorism, strikes, power outages, and severe weather, which prevent that party from fulfilling its obligations.

Party/Parties refers to AllTracking and the User, individually or together.

Personal Data is any information relating to an identifiable individual, such as names, identification numbers, location data, or other factors related to their identity.

Processing refers to any operation performed on personal data, such as collection, storage, retrieval, use, or deletion, whether done manually or automatically.

Released Parties are AllTracking, its affiliates, and their respective officers, directors, employees, and agents.

Reports include benchmark reports analyzing User performance compared to other users, and performance reports measuring the User’s service performance through comparison and analysis tools.

Services refers to all services provided by AllTracking to the User, including access to the website, tools, software, API, and documentation.

Service Order refers to an agreement (formerly known as a sales order) between an Enterprise User and AllTracking for the provision of services.

Service Plan refers to the specific plan subscribed to by the User, as detailed on the website, in the documentation, or in the Service Order.

Shipping Provider refers to any third-party shipping service used by the User.

Site refers to any and all websites operated by AllTracking, including www.alltracking.com.

Software refers to any software provided by AllTracking to the User.

Store refers to any online or physical retail location associated with the User’s account.

Subscription Term refers to the period during which the User subscribes to the service, as defined in the Service Plan for Website Users or in the Service Order for Enterprise Users. The subscription may be terminated earlier in accordance with the Terms of Use.

Third Party Service(s) refers to third-party products, applications, networks, websites, and other services that connect to or integrate with the AllTracking service.

Third Party Shipping Service(s) refers to third-party shipping-related services used by the User.

User, You, Your refers to any individual or entity, and their affiliates, using the Site or Services.

User Registered Address refers to the registered address of the Website User as listed in the User account or the registered address of the Enterprise User as specified in the Service Order.

Website User refers to any User who has not entered into a Service Order with AllTracking.

1.2 Our services

When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms shall have the following meanings.The definition of each Service also encompasses the relevant parts of the Site, Software, API, and Documentation.

• AllTracking is a tool that allows users to get information about their shipment in a single window. AllTracking can be used by senders, recipients, and third parties who have been appropriately authorized by the sender or recipient.Tracking information is collected from public sources.
• AllTracking Affiliates refers to services offered by AllTracking related to referral programs, referral widgets, reward email notifications, affiliate campaigns, and influencer programs.
• AllTracking App Builder refers to services provided by AllTracking for creating iOS and Android apps for Shopify stores or similar third-party platforms, sending promotional push notifications, and analyzing the app's performance.
• AllTracking EDD refers to services powered by AllTracking that assist Users in predicting the expected delivery date (EDD) for parcels.
• AllTracking Email refers to automated services for sending notifications related to tracking and shipping, and personalized marketing emails based on customer shopping behavior.
• AllTracking Parser refers to email parsing services, including detecting emails that contain relevant order information (as defined in the Data Processing Agreement) and extracting specific data categories from emails as outlined in the Data Processing Agreement.
• AllTracking Page Builder refers to services for creating website pages.
• AllTracking Personalization refers to services that enable Users to offer product recommendations to customers by using behavioral and transactional data to display the most relevant suggestions.
• AllTracking Popups & Forms refers to services for creating and displaying pop-ups and forms on your store to boost customer engagement and convert website traffic into leads.
• AllTracking Tracking refers to services related to tracking and providing parcel information, including tracking events, parcel location, and timing updates.

Any new or updated features added to the Service are also governed by these Terms.

2. Conditions and using of the service

Subject to the Website User's compliance with these Terms, they are granted access to the portion of the AllTracking Service offered for free without a subscription, as described on the Site. To subscribe to paid Service Plans, Users must pay a subscription fee as outlined on the Site, or sign a Service Order. During the Subscription Term, and provided Users comply with these Terms, they have the limited right to access and use the part of the Service corresponding to their selected Service Plan. Downgrading a Service Plan, where allowed, may result in the loss of content, features, or access to parts of the Service. AllTracking is not responsible for any resulting loss. When the Subscription Term ends, AllTracking may downgrade, suspend, or terminate access to the Service tied to the chosen Service Plan.

An internet connection is required for the Service to function properly. Users are responsible for maintaining the network connections, including browser software that supports the protocols used by AllTracking (e.g., SSL). AllTracking is not liable for any data changes or compromises that occur during transmission through networks not owned or controlled by AllTracking. AllTracking does not guarantee the reliability or performance of such connections.

Users agree to the following: (a) they will not license, sell, resell, rent, transfer, or assign their rights under these Terms to any third party, unless authorized; (b) they will not modify, hack, or attempt unauthorized access to the Service; (c) they will not falsely imply any association with AllTracking; (d) they will not use the Service unlawfully, including violating privacy rights; (e) they will not use the Service to send unsolicited or harmful content; (f) they will not infringe intellectual property rights or violate privacy with any content uploaded or transmitted; (g) they will not disrupt the Service's integrity or performance; (h) they will not reverse-engineer the Service; (i) they will not post unlawful or harmful content; (j) they will not upload viruses or malicious software; (k) they will comply with these Terms; (l) they will not attempt to acquire unauthorized materials or information, such as personal data or login credentials; (m) they will not probe, scan, or test vulnerabilities of AllTracking’s systems; (n) they will not impersonate others or misrepresent their identity; (o) they will not use the Service for unauthorized performance monitoring or benchmarking; (p) they will not remove or alter any copyright or proprietary markings on the Service; (q) they will not develop applications designed to migrate users from AllTracking or overload its systems; (r) they will not use fonts in violation of third-party copyrights or that contain tracking tools.

Users are responsible for adhering to these Terms and for all activities under their Account, including Data management. They must ensure that their use of the Service complies with all relevant laws and that they have the necessary permissions. Users are also responsible for ensuring the accuracy and sufficiency of the Service for their purposes.

Access to parts of the Service may be limited to a certain number of individuals based on the applicable Service Plan. Each person accessing the Account must use a unique username and password, and these credentials may only be used by one individual. Users are responsible for maintaining the confidentiality of this login information and limiting access to authorized employees under similar confidentiality obligations.

AllTracking reserves the right to temporarily suspend access to the Service under the following conditions: (a) during planned maintenance and upgrades, (b) due to Force Majeure events, (c) when detecting malicious software related to a User Account, or (d) for any other reasonable cause deemed necessary by AllTracking.

Additional terms may apply to specific features or portions of the Service, such as promotions or contests, and Users agree to comply with them. If there is a conflict between these Terms of Use and other terms applicable to a specific feature of the Service, these Terms will take precedence.

3. Technical support

All Users with an active paid Service Plan are entitled to receive complimentary technical support services included with that plan.

4. Privacy

Under these Terms, both You and AllTracking agree to safeguard each other's Confidential Information from unauthorized use, access, or disclosure, applying at least the same level of care as you would with your own sensitive information, but not less than a reasonable standard of care. Except as explicitly permitted under these Terms, both AllTracking, the User, and their Affiliates may only use the other Party's Confidential Information to fulfill their respective obligations and exercise their rights under these Terms. Disclosure of Confidential Information is limited to employees, agents, and representatives (including those of Affiliates) who need the information to carry out their duties.

You acknowledge that AllTracking, along with its Affiliates and their personnel, have the right to access your Account and use, modify, transfer, reproduce, display, and disclose your Data as necessary to provide the Service, including for handling support requests. To ensure the Service functions properly, AllTracking may also allow Authorized Subprocessors, Authorized Carriers, End-Users, AllTracking Customers, Shipping Providers, Third-Party Service Providers, and their personnel (collectively referred to as "Authorized Third Parties") to use, modify, display, reproduce, distribute, and create derivative works based on your Data. Additionally, AllTracking is authorized to share your Data, including Confidential Information, with these Authorized Third Parties.

AllTracking will implement commercially reasonable administrative, physical, and technical measures to secure and protect the confidentiality and integrity of your Data.

Furthermore, AllTracking may disclose Confidential Information, Account details, and your Data when necessary to (a) comply with applicable laws and regulations, (b) respond to lawful requests, court orders, or subpoenas, (c) protect its rights or property, including enforcing these Terms and related policies, and (d) ensure personal safety.

5. Personal data

As part of delivering the Services, AllTracking functions as a Data Processor, handling Personal Data according to the User's instructions. Additionally, as a Data Controller, AllTracking gathers certain information related to the Account, Your Data, Users, End-Users, as well as the devices and tools used in connection with the Service. AllTracking manages, uses, discloses, and safeguards this information as outlined in its Privacy Policy.

AllTracking processes, collects, uses, modifies, and stores Personal Data in accordance with Applicable Data Protection Laws. By submitting any Personal Data to AllTracking, the User confirms that they have (1) adhered to all applicable laws, including Applicable Data Protection Laws, (2) provided the necessary notices and obtained required consent from the data subjects to allow AllTracking to process the Personal Data, and (3) informed data subjects about the purposes for which their Personal Data is being processed.

Personal Data and Confidential Information do not include anonymized data. This refers to data (including Your Data) collected by AllTracking regarding the use of its Services or data about a group or category of products, services, Users, or End-Users, from which identifying information has been permanently removed ("Anonymized Data"). AllTracking is permitted to use, combine, disclose, analyze, and create derivative works from Anonymized Data, including through the User dashboard or Reports. Information about how the Service is used can be de-identified and combined with similar data from other users. The Terms and the AllTracking Data Processing Agreement do not limit or restrict AllTracking’s ability to collect, use, or share Anonymized Data.

The User agrees to use Reports strictly for internal business purposes and not to share them with third parties, except for employees, agents, representatives, and Affiliates who require access to the information for internal business purposes.

The user gives their consent for the processing of their personal data in order to receive information from courier websites. The User authorizes AllTracking to process, use, and aggregate Anonymized Data from one or more Stores with data from other Stores linked to the same User Account in order to provide its Services. Likewise, the User consents to the processing, use, and aggregation of Anonymized Data from one or more Services with data from other Services provided to the same User. The User is responsible for ensuring that this processing, use, and aggregation comply with applicable laws, as long as AllTracking has properly anonymized the data.

6. INTELLECTUAL PROPERTY RIGHTS

In accordance with these Terms, AllTracking grants you a limited, non-exclusive, non-transferable, and non-sublicensable license to use the Service. This license is contingent upon your adherence to these Terms of Use. You acknowledge that no ownership or title in the Service is being transferred to you, and these Terms of Use do not represent a sale of any rights in the Service. AllTracking retains all rights not explicitly granted to you.

The trademarks, including the AllTracking name and logos displayed on the Site, Application, Software, or Documentation, are owned by AllTracking and/or its Affiliates (collectively referred to as "AllTracking Trademarks"). Unless otherwise stated by applicable laws or regulations, you may not use AllTracking Trademarks except as expressly permitted in a written agreement.

All aspects of the Service, Software, Site, AllTracking API, and all associated intellectual property rights—including patents, trademarks, copyrights (such as the rights to copy, create derivative works, publicly display, and perform the Content), and any other related property—are solely owned by AllTracking or its Affiliates. AllTracking prohibits users to extract or copy data from other users' shipments, whether manually or through automated means. The rights granted to you for using the Service do not include any additional rights to AllTracking's intellectual property.

AllTracking will have a royalty-free, worldwide, transferable, sub-licensable, irrevocable, and perpetual license to use, host, store, reproduce, modify, create derivative works from, communicate, publish, publicly display, perform, and distribute your Data solely to provide and enhance the Services, and incorporate any suggestions or feedback you provide. You confirm that you possess all necessary rights to the Data and have the authority to use, share, display, transfer, and license it as described in these Terms. As long as AllTracking uses the Data as outlined, you affirm that such use will not violate any third-party rights, including copyrights, trademarks, privacy rights, and other intellectual property rights.

All content within the Service, Site, Application, or Software—including text, graphics, documents, templates, user interfaces, visual elements, photographs, product descriptions, FAQs, videos, logos, sounds, music, artwork, and computer code (collectively referred to as "Content")—is owned or licensed by AllTracking and protected by intellectual property rights. Except as explicitly stated in these Terms or authorized in a written agreement, no part of the Content may be copied, duplicated, sold, modified, republished, uploaded, publicly displayed, encoded, translated, transmitted, or distributed in any form or media.

Subject to your compliance with these Terms, you grant AllTracking a limited, non-exclusive, non-transferable, fully-paid, worldwide, royalty-free license to use your registered and unregistered trademarks, trade names, and logos for the distribution, promotion, and marketing of AllTracking Services. Unless otherwise specified in writing, AllTracking is not obligated to seek your approval on advertising materials featuring your trademarks prior to their distribution or promotion.

7. Third party services

AllTracking prohibits third parties from using data for commercial purposes if they are not affiliated with them in any way.

If you choose to enable, access, integrate, connect, or use Third Party Services, please note that your access and use of these services are governed by their own terms and conditions. AllTracking does not endorse these Third Party Services and is not responsible or liable for any aspect of them. This includes the accuracy, completeness, or authenticity of any information provided, how the Third Party Service providers manage data (including your data), or any interactions you have with those providers.

By enabling, accessing, integrating, or connecting with any Third Party Services, such as Shopify, Magento, Amazon Seller Central, Google Shopping, TikTok, and WooCommerce, you are giving AllTracking permission to disclose, collect, process, and retain your login information, your data, or any other relevant data you or the Third Party Service provider provide, as needed to facilitate the connection with the Service, and access, use, collect, process, and retain all data from the relevant Third Party Service provider, combining it with your data as necessary for AllTracking to deliver its services.

If you opt to use social media authentication or other authentication services—such as logging into our Services through a Third Party Service or granting us access to information from that service—AllTracking may receive information, including personal data. Our access to this information will comply with the authorization procedures set by the Third Party Service provider.

You irrevocably waive any claims against AllTracking regarding Third Party Services. AllTracking will not be liable for any damages or losses that may arise from your use or reliance on these Third Party Services, including any issues related to their privacy practices, data security measures, or other policies.

8. Third party content

The Service may include features that connect you to third-party content completely independent of AllTracking, such as websites, directories, servers, networks, systems, information, databases, applications, software, products, and services available on the Internet. Any interactions you have with organizations or individuals encountered through the Service are solely between you and those entities. You should conduct any necessary investigations before engaging with any third parties offering Third Party Services. You agree that AllTracking is not liable for any losses or damages resulting from such interactions.

If you are acting as a Tracking & Parcel Information Intermediary, you must adhere to the following conditions regarding the Tracked Parcel Information you introduce into our Services: do not store Tracked Parcel Information longer than necessary for providing services to the End-User; do not disclose Tracked Parcel Information or any derivatives to anyone except the relevant End-User; do not aggregate Tracked Parcel Information for multiple End-Users; and do not use Tracked Parcel Information or its derivatives for any purpose other than sharing unaltered information with the associated End-User, unless you have written consent from the relevant Authorized Carrier. If you violate these restrictions or if we are informed of such by the Authorized Carrier, AllTracking has the right to suspend processing the related Tracked Parcel Information for that Authorized Carrier.

For clarification, a “Tracking & Parcel Information Intermediary” is defined as a User (A) whose End-User manages and oversees Tracked Parcel Information, and (B) who utilizes AllTracking Services for the End-User’s Tracked Parcels. “Tracked Parcel Information” refers to parcels handed over to an Authorized Carrier by an End-User, along with the corresponding tracking and parcel information provided to AllTracking via the Tracking & Parcel Information Intermediary’s platform, products, or services.

9. Discussion between used, end-users and third parties

If a dispute arises between Users, End-Users, and/or Third Party Service Providers, you acknowledge and agree that AllTracking is not obligated to intervene. If you find yourself in a dispute with another User, an End-User, a Third Party Service Provider, or a Shipping Provider, you release the Released Parties from any claims, demands, and damages (both actual and consequential) of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that are related to such disputes.

10. Tracking

In addition to the Terms of Use, the following terms govern your access to and use of AllTracking Tracking. This feature allows users to receive tracking and parcel information from Authorized Carriers.

Furthermore, without limiting the warranty disclaimers stated in these Terms, AllTracking provides no guarantees regarding the accuracy and completeness of the information supplied by Authorized Carriers, and the timeliness or integrity of the information delivered to the user.

AllTracking will not be liable for any local customs charges, import taxes, duties, or similar fees related to your shipments. The user is solely responsible for all returns.

The user agrees to use AllTracking solely for personal purposes. The user must only search for shipments that they have either sent or received. The user should not search for shipments that are in no way affiliated with them. In the event of a violation, AllTracking reserves the right to deny services to such a user and provide all available information to the competent authorities.

Senders and recipients have lawful access to data about their shipments as part of the service. Tracking data consists of factual information about time and location, which is not an original creative work and therefore is not subject to copyright protection. The courier company does not have ownership rights over tracking data in the context of intellectual property.

Additionally, in conjunction with the Terms of Use, the following terms apply to your access to and use of AllTracking EDD. This feature allows users to view the estimated delivery date (EDD) for parcels. The EDD is calculated by AllTracking's systems and represents an average estimate. It is intended for reference only and may not match the actual delivery date. AllTracking does not guarantee that the EDD will align with the actual delivery date and is not responsible for any discrepancies between the two.

11. BILLING AND CANCELLATIONS

Taxes: The fees and charges do not include any taxes, levies, duties, or similar governmental assessments, such as value-added, sales, use, or withholding taxes imposed by any local, state, provincial, or foreign authority (collectively referred to as "Taxes"). The user agrees to pay any applicable direct or indirect Taxes related to their purchases, which will be detailed on the AllTracking invoice if AllTracking is legally required to collect them. If the user is obligated to withhold any amounts under any laws or tax regulations (excluding U.S. income tax law), the user will increase the payments so that AllTracking receives the full quoted and invoiced amount. If AllTracking is legally required to pay or collect Taxes for which the user is responsible, the appropriate amount will be invoiced and payable by the user, unless the user provides a valid tax exemption certificate from the relevant taxing authority or other acceptable documentation agreed upon by AllTracking before the invoice date. AllTracking reserves the right to issue an additional bill for any Taxes not fully collected due to an error, and the user agrees to pay any such additional bill.

Credit Card: If the user pays by credit card, the Service provides a way for the account owner to enter or update credit card information. The user will receive a receipt for each confirmed payment. By using a credit card, the user agrees that AllTracking will engage a third-party intermediary for credit card processing.

Cancellation: To cancel, users must go to the User Account page and follow the cancellation instructions. If the user cancels their Service Plan, their limited right to access and use the service in accordance with the Service Plan will automatically end at the conclusion of the current billing period. Unless the user cancels their Service Plan before the billing date, they expressly authorize AllTracking to charge the applicable Service Plan fee for the next billing cycle to the designated payment method. Users can cancel their Service Plan at any time and will retain access to the Service until the end of the billing period. For Enterprise Users, any cancellation must adhere to the terms outlined in the Service Order.

No Refunds: Payments are non-refundable, and AllTracking does not offer refunds or credits for any partial Subscription periods or unused Services.

ChargeBack: In case you submit a chargeback, please note that we will review each case individually. Once we receive a request for a chargeback, we will analyze it and will get back to your with our response in our time frames ( time frames for each chargeback request can be different ).

Changes to Price and Service Plan: Unless otherwise specified in a Service Order, AllTracking may periodically modify Service Plans, including pricing, features, and options.

12. Ending

AllTracking retains the right, at its sole discretion, to terminate your account, remove your profile and any associated data, and restrict your access to any or all parts of the Service for any reason or no reason, without prior notice and without liability to you or any other party.AllTracking also reserves the right to block access from certain IP addresses or devices.

Your license will be terminated immediately if you attempt to bypass any technical protections associated with the Service or use it in violation of these Terms of Use. We may suspend or terminate your access to the Service if you do not comply with these Terms, the Documentation, or if your usage could expose us to legal liability or disrupt others’ use of the Services.

13. WARRANTY DISCLAIMER

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES ALSO DISCLAIM ANY WARRANTIES RELATED TO THIRD-PARTY SERVICES OR PRODUCTS ACCESSIBLE THROUGH THE SERVICE OR ANY LINKS ON THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY VIRUSES OR OTHER HARMFUL ELEMENTS ASSOCIATED WITH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALLTRACKING OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, INCLUDING BUT NOT LIMITED TO: (a) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR USE OF ALLTRACKING’S SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION; (d) INTERRUPTION OF TRANSMISSIONS TO OR FROM THE SERVICE; (e) COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SERVICE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF ANY FUNCTIONALITY OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE.

14. Limitation of liability

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF ALLTRACKING HAS BEEN WARNED ABOUT THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM ANY PART OF YOUR USE OF THE SERVICE. THIS INCLUDES DAMAGES RELATED TO THE USE OR MISUSE OF THE SERVICE, INABILITY TO ACCESS THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, OR TERMINATION OF THE SERVICE. THIS LIMITATION ALSO APPLIES TO DAMAGES ARISING FROM OR IN CONNECTION WITH THIRD-PARTY SERVICES ACCESSED THROUGH THE SERVICE OR LINKS ON THE SERVICE, AS WELL AS DAMAGES RELATED TO INFORMATION OBTAINED THROUGH THE SERVICE OR ITS LINKS. THESE LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

REGARDLESS OF ANYTHING STATED OTHERWISE IN THESE TERMS, ALLTRACKING’S TOTAL LIABILITY TO YOU UNDER THESE TERMS, WHETHER ARISING FROM CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE TWELVE (12) MONTHS PRIOR TO THE FIRST INCIDENT THAT GAVE RISE TO ANY CLAIM FOR DAMAGES.

NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE EITHER PARTY'S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, (II) FRAUD, OR (III) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY LAW.

15. Indemnity of ALLTRACKING

YOU AGREE TO INDEMNIFY AND PROTECT THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, DAMAGES, LOSSES, PENALTIES, FINES, AND EXPENSES, INCLUDING ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM: (A) ANY INFORMATION (INCLUDING YOUR DATA OR OTHER DATA) THAT YOU OR ANYONE USING YOUR ACCOUNT SUBMITS, POSTS, OR TRANSMITS THROUGH THE SERVICE; (B) YOUR OR ANYONE USING YOUR ACCOUNT'S USE OF THE SERVICE OR THIRD-PARTY SERVICES; (C) ANY VIOLATION OF THESE TERMS OF USE BY YOU OR ANYONE USING YOUR ACCOUNT; (D) ANY INFRINGEMENT ON THE RIGHTS OF A THIRD PARTY, INCLUDING INTELLECTUAL PROPERTY OR PERSONAL DATA RIGHTS, BY YOU OR ANYONE USING YOUR ACCOUNT; OR (E) YOUR USE OF THIRD-PARTY SERVICES AND/OR SHIPPING SERVICES.

YOU AGREE TO REIMBURSE ALLTRACKING FOR REASONABLE ATTORNEY FEES, AS WELL AS THE COST OF EMPLOYEES' TIME AND RESOURCES SPENT ADDRESSING ANY THIRD-PARTY SUBPOENA OR LEGAL PROCESS CONNECTED TO SUCH CLAIMS.

ALLTRACKING WILL OFFER REASONABLE ASSISTANCE (AT YOUR EXPENSE) IN DEFENDING OR SETTLING THESE CLAIMS. HOWEVER, YOU WILL HAVE FULL CONTROL OVER THE DEFENSE OR SETTLEMENT, PROVIDED THAT: (A) YOU KEEP ALLTRACKING UPDATED ON THE PROGRESS; AND (B) YOU DO NOT SETTLE OR RESOLVE ANY CLAIM WITHOUT FULLY RELEASING ALLTRACKING AND ITS SERVICE PROVIDERS FROM ALL RESPONSIBILITY RELATED TO THE CLAIM. YOU MAY NOT AGREE TO ANY SETTLEMENT THAT INVOLVES COMMITMENTS FOR ALLTRACKING WITHOUT ITS WRITTEN CONSENT.

16. Force majeure

Apart from payment obligations under these Terms, neither Party will be held responsible for any delay or failure in fulfilling any part of these Terms if the non-performing Party can demonstrate that such delay or failure is caused by a Force Majeure event.

17. Applicable law and jurisdiction

These Terms of Use will be governed by the laws of Estonia, without considering any rules related to conflicts of law.

It is prohibited to access or use the Services in countries where they are considered illegal.

Both Parties irrevocably agree to submit to the exclusive jurisdiction of the courts in Estonia for any disputes or claims related to these Terms of Service.

You agree that monetary damages may not be sufficient from your side . Therefore, AllTracking has the right to seek interim measures, injunctive relief, or other equitable remedies to prevent or address any breach or protect its rights under these Sections, without needing to provide a bond or security.

18. General

Interpretation. This Agreement and all services and communications under it are in English. No translation will have legal significance, except as required for legal proceedings. This Agreement results from negotiations between both Parties and should not be interpreted in favor of or against any Party based on their involvement in its drafting. Any mention of "including" or similar phrases is understood to mean "including, but not limited to."

Severability. If any part of these Terms of Use is found to be invalid, the rest of the Terms will still apply. If any part is declared illegal or unenforceable, that part will be removed, but the remaining provisions will continue to be valid and enforceable.

Assignment. You cannot transfer or assign this Agreement, in whole or in part, without AllTracking’s prior written consent. Any unauthorized attempt to assign or transfer will be considered null and void, and a material breach of the Agreement. AllTracking may transfer or assign this Agreement in whole or in part.

Third Party Beneficiaries. Unless the Parties agree otherwise in writing, no third party has the right to enforce or benefit from any terms of this Agreement under the Contracts (Rights of Third Parties) Act.

No Waiver. If either Party waives a breach or default, it does not mean they are waiving any future breaches or defaults. Not enforcing any part of this Agreement promptly does not mean a future waiver of that or any other provision.

Independent Contractor. Both Parties are independent contractors under this Agreement, and there is no intention to form a joint venture, partnership, or employee-employer relationship. No third party can claim benefits under this Agreement.

Scope of the Agreement. Each Party acknowledges they are not entering this Agreement based on any prior promises, warranties, or other assurances, except for what is explicitly stated here or in related documents. However, this does not exclude liability for fraud.

Singular/Plural. Unless context requires otherwise, words in singular form include the plural, and vice versa.

Entire Agreement. This Agreement replaces all prior discussions, proposals, or agreements, both oral and written, and fully captures the understanding between the Parties regarding its subject.