Terms of Service

1. Description of Service

Track Clear is a server-side event forwarding platform for ecommerce merchants. The Service enables merchants to capture browser-side ecommerce events (such as page views, add-to-cart actions, and purchases) and forward them server-to-server to one or more advertising and analytics platforms, including Meta Conversions API, Google Ads Enhanced Conversions, TikTok Events API, Google Analytics 4 (GA4), and Klaviyo.

Track Clear is a standalone SaaS application. It is not a Shopify application and is not affiliated with or endorsed by Shopify Inc. Integration with Shopify stores is achieved through a JavaScript snippet that merchants paste into their Shopify Custom Pixel configuration.

2. Account Terms

2.1 Eligibility

You must be at least 18 years old to create an account. By creating an account, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding agreement. If you are creating an account on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

2.2 Account Accuracy

You agree to provide accurate, complete, and current information when creating your account and to keep that information up to date. We reserve the right to suspend or terminate accounts with inaccurate or misleading information.

2.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and API keys. You are responsible for all activity that occurs under your account. Notify us immediately at support@trackclear.io if you suspect unauthorized access to your account.

2.4 One Account Per User

Each account is for the use of a single individual or business entity. You may not share your account credentials with others or allow multiple individuals to use a single account, unless you have entered into a separate agreement with us for team or enterprise access.

3. Billing and Payment

3.1 Plans and Pricing

Track Clear offers a free plan and paid subscription plans. Current plan pricing and limits are displayed on the billing page within the dashboard. We reserve the right to change plan pricing with 30 days advance notice to existing subscribers.

3.2 Order-Based Billing

Billing limits are based on the number of Purchase events forwarded per calendar month across all workspaces associated with your account. Other event types (page views, add-to-cart, etc.) are not counted toward billing limits. Order counts reset on the first day of each calendar month.

3.3 Payment Processing

All payments are processed by Stripe, Inc. By subscribing to a paid plan, you authorize us to charge your payment method on a recurring monthly basis. You agree to Stripe's terms of service in addition to these Terms. We do not store your payment card data.

3.4 Automatic Plan Upgrades

On paid plans (Starter and Growth), if your monthly Purchase event count exceeds your plan's limit, your subscription will automatically upgrade to the next tier to maintain uninterrupted event forwarding. You will be billed the difference for the remainder of the billing period at Stripe's proration rates. You may disable auto-upgrade by downgrading to the Free plan, which will block Purchase forwarding once the free limit is reached.

3.5 Refunds

Subscription fees are non-refundable except where required by applicable law. If you believe you have been charged in error, contact support@trackclear.io within 30 days of the charge and we will investigate.

3.6 Free Plan

The free plan does not require a credit card. Purchase event forwarding is paused once the monthly free-plan limit is reached. Non-purchase events continue to be forwarded without limit.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not:

• Use the Service to send events relating to illegal products, services, or activities
• Forward personal data without appropriate legal basis (such as valid consent where required)
• Attempt to circumvent rate limits, access controls, or any security measures
• Scrape, crawl, or systematically extract data from the Service using automated means
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or otherwise provide access to the Service to third parties without our written consent
• Use the Service to transmit malware, spam, or any harmful content
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the integrity or performance of the Service or its infrastructure
• Use the Service in a way that violates the terms of service of any destination platform (Meta, Google, TikTok, GA4, Klaviyo)

We reserve the right to suspend or terminate accounts that violate these prohibitions, with or without prior notice, at our sole discretion.

5. Data Ownership and Processing

5.1 Your Data

You retain full ownership of all event data, customer data, and configuration data that you provide to the Service. We do not claim any intellectual property rights over your data.

5.2 Data Processing Role

With respect to personal data relating to your end customers, you are the data controller and we are the data processor. We process that data only on your instructions (as configured in your workspace settings) and for the purposes of providing the Service. We do not use your end customers' personal data for our own commercial purposes.

5.3 Your Compliance Obligations

You are responsible for ensuring that your collection, transmission, and forwarding of personal data through the Service complies with all applicable laws, including GDPR, CCPA, and any other applicable data protection laws. This includes obtaining any necessary consents from your end customers, providing adequate privacy notices, and ensuring a lawful basis for processing.

5.4 License to Operate

You grant us a limited, non-exclusive license to process your data solely for the purpose of providing and improving the Service, as described in our Privacy Policy.

6. Service Availability

We strive to maintain high availability of the Service but do not guarantee any specific uptime percentage. The Service is provided on a best-effort basis. We do not offer a Service Level Agreement (SLA) on the Free or Starter plans. Scheduled maintenance will be announced with reasonable advance notice where possible.

We are not responsible for failures to deliver events caused by downtime or API changes at destination platforms (Meta, Google, TikTok, GA4, Klaviyo), network outages outside our infrastructure, or force majeure events.

The Service includes automatic retry logic (up to 3 attempts with exponential backoff) and a stale event requeue mechanism to minimize data loss during brief disruptions.

7. Intellectual Property

The Service, including all software, design, documentation, and associated materials, is owned by Track Clear and protected by applicable intellectual property laws. These Terms do not grant you any rights to our trademarks, service marks, or trade names.

Nothing in these Terms restricts our right to use aggregated, anonymized data derived from the operation of the Service (such as platform-level performance statistics) for product improvement purposes, provided that such data cannot reasonably be used to identify you or your end customers.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

We do not warrant that events forwarded through the Service will be accepted or attributed by destination platforms. Advertising attribution is ultimately determined by the destination platforms and is outside our control.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRACK CLEAR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Track Clear and its officers, directors, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law or regulation; (c) your failure to obtain necessary consents from your end customers; or (d) any claim by a third party arising from your use of the Service.

11. Termination

11.1 Termination by You

You may terminate your account at any time by deleting your account through the dashboard settings or by contacting support@trackclear.io. Termination takes effect immediately. No refunds are issued for unused portions of prepaid subscription periods, except where required by law.

11.2 Termination by Us

We may suspend or terminate your account at any time for any reason, including breach of these Terms, non-payment, or conduct that we reasonably determine is harmful to the Service or other users. For non-urgent matters, we will provide reasonable notice before termination.

11.3 Effect of Termination

Upon termination, your access to the Service ceases immediately. Event forwarding for your workspaces stops. We will delete or anonymize your account data within 30 days of termination, subject to any legal retention obligations. Sections of these Terms that by their nature should survive termination (including Sections 7, 8, 9, 10, and 13) will continue to apply.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email at least 30 days before the changes take effect. The updated Terms will be posted at trackclear.io/terms with a revised "Last updated" date. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

If you disagree with the updated Terms, you may terminate your account before the effective date without penalty.

13. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. Nothing in these Terms limits your rights as a consumer under applicable mandatory local law.

14. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Track Clear regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
• Assignment: You may not assign these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

15. Contact

For any questions about these Terms or the Service, please contact: