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Terms & Conditions

 

Effective date: 1 June 2026 Version: 2.0

These Terms & Conditions (“Terms“) govern your access to and use of the Trackian platform and related services. Please read them carefully. By registering for an account, starting a free trial, or otherwise using the Service, you agree to be bound by these Terms.


1. Who we are

The Service is provided by TRACKIAN Ltd. (in Bulgarian: Тракиан ООД), a limited liability company incorporated under the laws of the Republic of Bulgaria (“Trackian“, “we“, “us“, or “our“).

Registered name TRACKIAN Ltd. / Тракиан ООД
UIC (ЕИК) 207030368
VAT number BG207030368
Registered office Office 6, 19 Krayrechna Street, 6500 Svilengrad, Bulgaria
Phone +359 890 450 550
Email info@trackian.com

TRACKIAN Ltd. is a single legal entity that provides the Service to customers worldwide. There is no separate contracting entity for international customers.


2. Definitions

In these Terms:

  • “Service” means the Trackian software-as-a-service platform, including its monitoring, anomaly-detection, alerting, auditing and reporting features, our websites, APIs, and any related professional services we provide.
  • “Customer”, “you”, “your” means the company, organisation, or individual professional that registers for or uses the Service, and any person acting on its behalf.
  • “Account” means the account created to access the Service.
  • “Connected Platform” means any third-party service you connect to Trackian, such as Google Ads, Meta (Facebook/Instagram) Ads, Google Analytics 4 (GA4), or Google Tag Manager (GTM).
  • “Customer Data” means data, metrics, and information that we access, ingest, or process from your Connected Platforms or that you otherwise provide through the Service.
  • “Subscription” means a paid plan you select for access to the Service.
  • “Plan” means the specific tier and feature set you choose, as described on our website.
  • “Fees” means the amounts payable for your Subscription and any additional services.
  • “Privacy Policy” means our privacy policy, available on our website, which forms part of these Terms.
  • “DPA” means our Data Processing Agreement, where applicable.

3. What the Service is (and is not)

3.1. Trackian is a monitoring and anomaly-detection platform. It continuously observes marketing and analytics metrics across your Connected Platforms and alerts you to issues, anomalies, and opportunities so that you can act on them.

3.2. Trackian is not a marketing agency. We do not create, run, optimise, or manage advertising campaigns; we do not write marketing strategies or plans; and we do not manage, spend, or control your advertising budgets. The Service provides information, alerts, and analysis only. All decisions about your campaigns, budgets, and marketing activity, and all resulting outcomes, remain solely your responsibility.

3.3. The specific features, metrics, monitoring frequencies, and capabilities available to you depend on your Plan and are described on our website. We may add, change, or remove features over time, provided we do not materially reduce the core functionality of a Plan you are paying for during your then-current billing period.

3.4. The Service depends on data made available by Connected Platforms and other third parties. We are not responsible for the accuracy, availability, or completeness of data provided by those third parties, or for changes they make to their own services or APIs that affect the Service.


4. Eligibility and accounts

4.1. Business use only. The Service is intended strictly for business and professional use. By using the Service, you confirm that you are using it for purposes related to your trade, business, craft, or profession, and not as a consumer. This includes companies, organisations, agencies, and self-employed professionals or freelancers acting in a professional capacity.

4.2. Authority. If you use the Service on behalf of a company or other organisation, you represent that you are authorised to bind that organisation to these Terms, and “you” refers to that organisation.

4.3. Registration. You must provide accurate and complete information when creating an Account and keep it up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account.

4.4. You must notify us promptly at info@trackian.com if you suspect any unauthorised use of your Account.


5. Free trial

5.1. We may offer a free trial of the Service. The trial length depends on the Plan you select and is stated on our website at the point of sign-up. Unless stated otherwise, the standard free trial period is 14 days.

5.2. If you add a payment method during the trial, your Subscription will automatically begin and the first billing period will be charged on the day the trial ends, at the price for the Plan you selected.

5.3. If you do not add a payment method during the trial, the trial will expire at the end of the trial period and your Account will be locked. Your Account will remain locked until you add a valid payment method the next time you log in, at which point your paid Subscription will begin.

5.4. Trials are for evaluation only and are provided “as is”, without any service-level or support commitments. We may modify or discontinue trials at any time.


6. Connected Platforms and third-party services

6.1. To use the Service, you will connect one or more Connected Platforms (such as Google Ads, Meta Ads, GA4, or GTM). By doing so, you authorise Trackian to access, read, and process data from those platforms as necessary to provide the Service.

6.2. You represent and warrant that you are authorised to connect each Connected Platform and to grant Trackian access to the associated data, and that doing so does not breach any agreement with, or the terms of, the relevant third party.

6.3. You remain responsible for complying with the terms of service, policies, and requirements of each Connected Platform (including those of Google and Meta). Your relationship with each Connected Platform is governed by your agreement with that third party, not by these Terms. We are not responsible for the acts, omissions, terms, pricing, or availability of any Connected Platform.

6.4. If a Connected Platform changes, restricts, or withdraws access to its data or APIs, some features of the Service may become limited or unavailable, and we will not be liable for any resulting loss of functionality.


7. Subscriptions, plans and fees

7.1. Plans. The Service is offered under the Plans described on our website. Details of each Plan’s features and price are set out there and form part of your agreement with us when you subscribe.

7.2. Currency. All Fees are charged in euro (EUR).

7.3. Billing cycle. You may choose a monthly or annual billing cycle at sign-up. Fees are payable in advance for each billing period.

7.4. Auto-renewal. Subscriptions renew automatically at the end of each billing period for a further period of the same length, at the then-current Fees for your Plan, unless and until you cancel in accordance with Section 9. By subscribing, you authorise us and our payment processor to charge the applicable Fees to your payment method on each renewal.

7.5. Payment processor. Payments are processed by Stripe. By providing a payment method, you agree to Stripe’s applicable terms. We do not store your full card details; these are handled by Stripe.

7.6. Taxes. Fees are exclusive of any applicable VAT or other taxes, which will be added where required. You are responsible for providing accurate tax and billing information (including a valid VAT number where applicable).

7.7. Failed payments. If a payment fails, we may retry the charge and/or suspend or limit access to the Service until payment is made. Continued non-payment may result in termination of your Subscription in accordance with Section 12.


8. Price changes

8.1. We may change the Fees for the Service from time to time. We will give you at least 30 days’ notice of any price increase before it takes effect, by email and/or through the Service.

8.2. Where reasonably practicable, existing customers may be maintained (“grandfathered”) on their current pricing following a change, at our discretion. Any price change will take effect at the start of your next billing period after the notice period has elapsed.

8.3. If you do not agree to a price change, you may cancel your Subscription before the new price takes effect, in accordance with Section 9. Continued use of the Service after the change takes effect constitutes acceptance of the new Fees.


9. Cancellation and refunds

9.1. Cancellation. You may cancel your Subscription at any time through your Account or by contacting us. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until then, and your Subscription will not renew for a further period.

9.2. No refunds for cancellation. Except as set out in Section 9.3, Fees already paid are non-refundable, and cancelling part-way through a billing period does not entitle you to a pro-rata refund.

9.3. Refunds for our systemic failures. We will provide a refund only where the Service has been materially unavailable or defective due to a systemic problem on our side, and such refund (if any) will be assessed reasonably and in proportion to the period and severity of the failure. This does not limit any remedy expressly provided under the applicable service levels referred to in Section 11.


10. Additional and one-time services

10.1. From time to time we may offer additional or one-time professional services, which may include (without limitation) remediation work, BGN-to-EUR billing/data migration support, GA4-to-BigQuery setup, and custom dashboards (“Additional Services“).

10.2. Additional Services are governed by these Terms, together with any specific scope, deliverables, and pricing agreed with you in writing (for example, in an order or quote). Where a specific written agreement conflicts with these Terms in respect of an Additional Service, that specific agreement prevails for that service only.

10.3. Unless expressly agreed otherwise, Fees for Additional Services are payable in advance and are non-refundable once work has commenced.


11. Service levels and support

11.1. We provide service-uptime and support-response commitments as described on the Pricing page of our website, which may vary by Plan and form part of these Terms.

11.2. Except for those specific commitments, and to the maximum extent permitted by law, the Service is provided on a “commercially reasonable efforts” basis. Uptime commitments do not apply to downtime caused by factors outside our reasonable control, including issues with Connected Platforms, third-party infrastructure, scheduled maintenance notified in advance, or events of force majeure (Section 18).


12. Term, suspension and termination

12.1. Term. These Terms apply from the moment you first access or use the Service and continue for as long as you have an Account or an active Subscription.

12.2. Termination by you. You may terminate by cancelling your Subscription (Section 9) and ceasing to use the Service.

12.3. Termination or suspension by us. We may suspend or terminate your access to the Service, in whole or in part, if: (a) you materially breach these Terms and, where the breach is capable of remedy, fail to remedy it within a reasonable period after notice; (b) you fail to pay Fees when due; (c) your use poses a security, legal, or operational risk; or (d) we are required to do so by law or by a Connected Platform.

12.4. Effect of termination. On termination, your right to access the Service ends. We may delete or de-provision your Account and Customer Data in accordance with our Privacy Policy and DPA and applicable law. Sections that by their nature should survive termination (including Sections 13–17, 19, and 20) will survive.


13. Customer Data and data protection

13.1. Ownership. As between you and us, you retain all rights, title, and interest in and to your Customer Data.

13.2. Licence to us. You grant Trackian a non-exclusive, worldwide licence to access, host, process, and use Customer Data solely as necessary to provide, maintain, secure, and improve the Service, and as otherwise permitted under these Terms, the Privacy Policy, and the DPA.

13.3. Our role as processor. In respect of personal data contained in Customer Data, Trackian acts as a data processor acting on your documented instructions, and you act as the data controller. Our processing of personal data is governed by our Privacy Policy and, where applicable, our Data Processing Agreement, which are incorporated into these Terms by reference.

13.4. Hosting. Customer Data is hosted on Google Cloud (EU region) infrastructure. Where any transfer outside the EU/EEA is necessary, it will be carried out in accordance with applicable data-protection law and the DPA.

13.5. Your responsibilities. You are responsible for ensuring that you have all necessary rights, consents, and legal bases to provide Customer Data to us and to instruct us to process it, and for complying with data-protection law in respect of the data you connect to the Service.


14. Intellectual property

14.1. Our IP. The Service, including all software, platform functionality, models, agents, designs, text, graphics, trademarks, and other materials (excluding Customer Data), is owned by Trackian or its licensors and is protected by intellectual-property laws. Except for the limited right to use the Service under these Terms, no rights are granted to you.

14.2. Your IP. You retain all rights in your Customer Data and your own materials. Nothing in these Terms transfers ownership of your data to us.

14.3. Feedback. If you provide suggestions or feedback about the Service, you grant us a perpetual, royalty-free licence to use it to improve the Service, without obligation to you.


15. Acceptable use

15.1. You agree not to, and not to permit any third party to:

  • (a) copy, modify, or create derivative works of the Service;
  • (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the Service, except to the extent expressly permitted by mandatory law;
  • (c) scrape, harvest, or extract data from the Service by automated means except through functionality we provide;
  • (d) resell, sublicense, rent, lease, or otherwise make the Service available to third parties, or provide access as part of a service bureau or white-label offering, except under a separate written agreement with us;
  • (e) use the Service to build or assist a competing product or service;
  • (f) circumvent or disable any security, usage, or access-control feature of the Service;
  • (g) use the Service in violation of any applicable law or the terms of any Connected Platform; or
  • (h) introduce malware or interfere with the integrity or performance of the Service.

15.2. White-labelling and reselling. Any partner, reseller, or white-label arrangement is not permitted under these Terms and is governed exclusively by a separate written Partner Agreement with Trackian.


16. Confidentiality

16.1. Each party may receive confidential information of the other in connection with the Service. Each party agrees to protect the other’s confidential information with reasonable care and to use it only as necessary to perform under these Terms.

16.2. Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, was already known to it without restriction, is independently developed, or is required to be disclosed by law.


17. Warranties, disclaimers and limitation of liability

17.1. Disclaimer. Except for the specific service-level commitments referred to in Section 11 and any warranties that cannot be excluded by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that it will detect every anomaly, issue, or opportunity.

17.2. No responsibility for your decisions. Because Trackian provides monitoring, alerts, and analysis only (Section 3), we are not responsible for any advertising, budget, or business decision you make, or for any outcome, loss of revenue, or wasted spend arising from your marketing activity, whether or not the Service detected or alerted you to a related issue.

17.3. Exclusion of indirect loss. To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or relating to the Service or these Terms.

17.4. Liability cap. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service and these Terms will not exceed the total Fees paid by you to Trackian for the Service in the twelve (12) months immediately preceding the event giving rise to the liability.

17.5. Non-excludable liability. Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or for intentional misconduct or gross negligence.


18. Indemnification

18.1. You will indemnify and hold Trackian harmless from and against any third-party claims, damages, and reasonable costs arising out of: (a) your breach of these Terms; (b) your Customer Data or your use of the Service; (c) your breach of any Connected Platform’s terms; or (d) your violation of any law or third-party right, except to the extent caused by Trackian’s own breach or misconduct.


19. Force majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, civil unrest, strikes, failures of telecommunications or internet providers, failures or changes of Connected Platforms or cloud infrastructure, cyber-attacks, or governmental action.


20. Governing law and jurisdiction

20.1. These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the Republic of Bulgaria. Where Bulgarian law does not address a matter, the applicable law of the European Union applies.

20.2. The competent courts of the Republic of Bulgaria have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, subject to any mandatory rules of law that provide otherwise.


21. Changes to these Terms

21.1. We may update these Terms from time to time. If we make a material change, we will give you at least 30 days’ notice by email and/or through the Service before the change takes effect.

21.2. Your continued use of the Service after the updated Terms take effect constitutes acceptance of the changes. If you do not agree, you may cancel your Subscription in accordance with Section 9 before the change takes effect.


22. Notices

22.1. Notices to us should be sent to info@trackian.com or to our registered office address in Section 1.

22.2. Notices to you may be sent to the email address associated with your Account or posted within the Service, and are deemed received when sent or posted.


23. General

23.1. Language. These Terms are drafted in English. The English version is the legally binding version. Any translation is provided for convenience only, and in the event of any conflict, the English version prevails.

23.2. Entire agreement. These Terms, together with the Privacy Policy, the DPA (where applicable), the details on our website, and any order for Additional Services, constitute the entire agreement between you and us regarding the Service and supersede all prior agreements on that subject.

23.3. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

23.4. Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions continue in full force, and the invalid provision will be replaced by a valid one that most closely reflects the original intent.

23.5. No waiver. A failure to enforce any provision of these Terms is not a waiver of the right to enforce it later.

23.6. No partnership. Nothing in these Terms creates a partnership, agency, joint venture, or employment relationship between the parties.


24. Contact

If you have any questions about these Terms, please contact us:

TRACKIAN Ltd. (Тракиан ООД) Office 6, 19 Krayrechna Street, 6500 Svilengrad, Bulgaria Email: info@trackian.com Phone: +359 890 450 550


These Terms & Conditions were last updated on 1 June 2026 (Version 2.0).

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