Terms of service

Agreement

These terms are an agreement between you and Profit Geeks (AM Marketing Group Pty Ltd, ABN 37 613 053 286), Australia, for the use of Trakt at trytrakt.com and app.trytrakt.com.

By creating an account, connecting an ad account, or installing a Trakt pixel or plugin, you agree to these terms and to the Privacy policy. If you are agreeing for a company, you confirm you have authority to bind it. "You" means that company and the people it lets into the workspace.

The service

Trakt provides first-party tracking, attribution reporting, and optional conversion uploads to advertising platforms, plus the integrations described in the product. Attribution is an estimate built from the clicks, visits, and orders we can see. It will not always match the number inside Google, Meta, or another platform, and we do not promise that it will.

We may change, add, or remove features. We will not materially reduce a paid feature you are actively using without notice, except where we have to for security, law, or a third-party platform changing its API.

Accounts

You must give us accurate account information and keep your password safe. You are responsible for the users you invite and for what they do in the workspace. Tell us promptly at [email protected] if you believe the account has been accessed without permission.

You must be 18 or older. Trakt is a business service.

Your data and the accounts you connect

You keep ownership of the customer and advertising data you send to Trakt. You grant us a licence to host, copy, and process it only so we can provide, secure, and support the service, and so we can send it on to the platforms you connect.

You must have the right to connect each Facebook Page, Instagram account, ad account, analytics property, and CRM you connect, and the right to send us information about your end customers. Facebook and Instagram are connected through the Meta app Data Geeks, using Facebook Login. When you connect an ad account you allow Trakt to read its performance and to pause or resume campaigns, ad sets, and ads when you ask. You can disconnect that login at any time. How to do it, and how to ask us to delete the Meta data, is on the data deletion page.

You are responsible for the notices and consents your own website and ads need, including telling your customers about tracking where the law requires it.

Acceptable use

You must not:

• Break the law, or the terms of Meta, Google, X, or another platform you connect.
• Use Trakt to build a profile of someone for a purpose they were not told about, or to sell personal information.
• Upload malware, probe the service without permission, or interfere with another customer's workspace.
• Share your login in a way that lets someone outside your organisation into a customer's ad account.
• Misrepresent tracking or attribution results, including to an end customer or an ad platform.

Fees

Paid plans are charged as agreed at signup or as shown on the pricing page. Fees are in the currency stated at checkout and, unless we say otherwise, are exclusive of GST. You must pay invoices when they are due. If a payment fails we may suspend the workspace after we have asked you to fix it.

Unless the Australian Consumer Law gives you a right to a refund, fees already paid are not refundable. You can stop renewal by closing the account before the next billing date.

Intellectual property

We own Trakt, including the software, the site, and the brand. We do not transfer that ownership to you. We give you a non-exclusive licence to use the service while these terms are in force and your fees are paid. You must not copy, resell, or reverse engineer the service except where Australian law does not allow us to stop you.

You own your data, your creatives, and your ad accounts. Connecting them does not give us ownership of them.

Confidentiality

We will keep your non-public account data confidential and use it only to provide and support the service, comply with the law, and as the privacy policy describes. You will keep confidential any non-public information we give you about how Trakt works. This duty does not cover information that is already public through no fault of the receiving party.

Warranties and the Australian Consumer Law

Nothing in these terms excludes, restricts, or modifies a guarantee, right, or remedy that the Australian Consumer Law gives you and that we are not allowed to exclude.

Where we are allowed to limit a remedy for a failure of a guarantee, and the service is not of a kind ordinarily acquired for personal, domestic, or household use, we limit our liability to resupplying the service or paying the cost of having it resupplied.

Subject to those rights, the service is provided as it is. We do not warrant that attribution will be complete, that a platform will accept a conversion upload, or that the service will be uninterrupted.

Liability

Subject to the Australian Consumer Law, neither party is liable for lost profits, lost advertising spend, or indirect or consequential loss, whether or not it was told the loss was possible.

Subject to the Australian Consumer Law, our total liability for all claims relating to the service in a 12 month period is limited to the fees you paid us for Trakt in that period. If you have not paid any fees, the limit is AUD 100.

The cap does not apply to liability that cannot legally be limited, or to a party's fraud or wilful misconduct.

Ending the agreement

You can stop using Trakt and ask us to close the workspace at any time by emailing [email protected]. We can suspend or close a workspace if you materially break these terms, if we have to for security or law, or if a platform withdraws access we need in order to run the integration. Where it is reasonable we will tell you first and give you a chance to fix the issue.

On closure we delete or de-identify the workspace data as described in the privacy policy, except for records we must keep for tax or legal reasons. Sections that by their nature should survive, including intellectual property, confidentiality, liability, and governing law, keep applying.

Changes to these terms

We may update these terms. We will post the new version on this page and change the date at the top. If a change is material we will give account owners at least 14 days' notice by email or in the product before it applies. If you keep using Trakt after that, the new terms apply. If you do not agree, close the workspace before they take effect.

Governing law

These terms are governed by the laws of New South Wales, Australia. Each party submits to the exclusive jurisdiction of the courts of New South Wales and the courts that hear appeals from them. Consumer guarantees under the Australian Consumer Law still apply, including any right to bring a claim in the place where you live.

Contact

Profit Geeks (AM Marketing Group Pty Ltd, ABN 37 613 053 286), Australia. Email [email protected].