Terms of Use

This AllTracker Terms of Use (the Agreement) is between you and Ragimov Software (AllTracker). AllTracker may change this Agreement from time to time following the terms in section "Changes to this Agreement".

By clicking the "I Agree" button (or a similar button) that appears to you at the time of your order or by using or accessing AllTracker products, you confirm your acceptance of this Agreement.

1. Scope of the Agreement

This contract governs the AllTracker service and your initial purchase and all future purchases made by you and which contain this Agreement. This agreement includes our Privacy Policy, our Cookies and Tracking Notice, all Orders, and other referenced policies and attachments.

2. Definitions and Interpretation

In these Data Processing Terms:

• AllTracker means the Services provided by the software that is a party to this Agreement.
• Application Provider means Ragimov Software that is a party to this Agreement.
• Customer Personal Data means personal data that are processed by AllTracker on behalf of the customer when AllTracker provides the processor services.
• Data Protection Legislation is also GDPR, which stands for "General Data Protection Regulation".
• EEA means the European Economic Area.
• EULA means the End User License Agreement, thus this Terms of Use.
• GDPR means Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons concerning the processing of personal data and on the free movement of data and repealing Directive 95/46 / EC.
• Notification Email Address means the email address (if there is one) that the customer has provided through the processor services user interface or by other means to receive certain notifications from AllTracker regarding these Data Processing Terms.
• Privacy Shield means the EU-US Privacy Shield Legal Framework and the Switzerland-US Privacy Shield Legal Framework.
• Service means applicable services of AllTracker.
• Licensed Software means any version of the AllTracker application that can be installed on a mobile device.
• The terms controller, data subject, personal data, processing, processor and supervisory authority as used in these Data Processing Terms have the meanings given in the GDPR.

3. Account Registration

You must register for an AllTracker account to place orders or access or receive any products. All registration information that you provide to us must be correct, current, and complete. You will also need to update your account information so that we can send you notices, statements, and other information by email or through your account. You are responsible for all actions taken through your accounts.

4. Orders

Directly with AllTracker. AllTracker's product order documentation or purchasing process ("Order") defines your authorized scope of use for the products, that may include: (a) the number and type of monitored devices, (b) features and other restrictions or billable units (the "Scope of use"). The term "Order" also includes any applicable product or support and maintenance renewals or purchases that you make to increase or upgrade your scope of use.

5. Authorized Users

Only the users for whom you have paid the required fees and who you designate with the corresponding product ("Authorized Users") may access and use the products. You are responsible for all authorized users complying with this agreement.

6. Software Terms

6.1 Your License Rights. Subject to the terms of this Agreement, AllTracker grants you a non-exclusive, non-sublicensable, and non-transferable license to install and use the software during the applicable license term by this Agreement, your applicable scope of use, and the documentation. The term of each Software license ("License Term") is specified in your order. Your license term ends with the termination of this agreement, even if it is identified as "perpetual" or if no expiration date is specified in your order.

None of these agreement terms should be construed as permission to install the licensed software on any device that you do not own, control, or have no right to control. Likewise, nothing in this license should be construed as permission to control any account, application, or program that you are not authorized to monitor.

6.2 AllTracker is designed for Legal Use Only. By accepting this Agreement, you agree to install this software only on devices that you own and for cloud-based or other monitoring that does not require installation on a device, and only in connection with an account, application, or program, you have the legal right of access. You also agree to inform any person using a device with the installed software and any other person who has the right to access a monitored account of the presence of the software. Failure to do so may result in violations of federal and state laws. You understand and agree that you are responsible for all legal costs incurred by the Application Provider as a result of your improper or illegal use of the software.

You agree not to use the Licensed Software in any way to harass, abuse, threaten, defame, or otherwise violate the rights of any other party, and that the application provider is in no way responsible for such inappropriate use of the software by you

6.3 Local, State, and Federal Laws. The user agrees that the installation and use of the Software will be in accordance with all local, state, and federal laws that regulate the monitoring of devices, accounts, applications, or programs and their use. Note that in most cases it will be considered a violation of law to install surveillance software such as the Licensed Software in conjunction with a mobile phone or another device, account, application, or program that you are not allowed to monitor or to use. The Application Provider cannot be held responsible if a user monitors a device that the user is not authorized to monitor. The Application Provider cannot provide you with legal advice regarding your use of the Licensed Software.

6.4 Purpose of Use. The Service is used for the following purposes: (a) maintaining parental control of their children, (b) monitoring activities when using company devices, (c) ensuring the safety of personal property.

6.5 Age Restriction. The service may not be used by children under 16 years. If you are under the age of 16, your parent or guardian must carefully read and accept this Agreement and assume full responsibility for compliance with this Agreement.

7. Restrictions

Unless expressly stated otherwise in this Agreement, you will not: (a) rent, lease, reproduce, modify, adapt, create derivative works, distribute, sell, sublicense, transfer, or provide access to the products to any third party; (b) use products for the benefit of any third party, (c) interfere any products in a product or service that you make available to a third party, (d) collide with a license key mechanism in the products or circumvent mechanisms in the products that are intended to restrict your use, (e) reverse engineering, disassemble, decompile, translate or other attempts to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs for products, unless it permitted by law, (f) remove or obfuscate proprietary ones or other notices contained in a product, or (g) publish information regarding the performance of the products.

8. Warranty and Disclaimer.

8.1 Due Authority. Each party declares and warrants that it has the legal authority to enter into this Agreement and that, if it is a legal person, this Agreement and any order is entered into by an employee or agent of that party with the necessary authority to do so to bind the party to the terms and conditions of this Agreement.

8.2 DISCLAIMER. ALL PRODUCTS ARE PROVIDED "AS IS," AND ALLTRACKER AND ITS SUPPLIERS EXPRESSLY EXCLUDE ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING WARRANTIES OF NON-INFRINGEMENT, TITLE, SUITABILITY, OR OBJECTIVES FOR NON-INFRINGEMENT. YOU MAY HAVE OTHER STATUTORY RIGHTS BUT THE DURATION OF STATUTORY WARRANTIES (IF THERE ARE ANY), ARE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW. ALLTRACKER IS NOT LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE ERRORS, OR OTHER PROBLEMS CONNECTED WITH THE USE OF INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE USEABLE CONTROL OF ALLTRACKER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ALLTRACKER NOR ANY OF ITS THIRD-PARTY SUPPLIERS MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE WITH REGARD TO THE RELIABILITY, CURRENCY, QUALITY, SUITABILITY, ACCURACY, OR COMPLETENESS OF THE PRODUCTS OR THEIR CONTENT, OR CONTENT MANUFACTURED THEREOF, OR THAT: (A) THE USE OF PRODUCTS WILL BE SECURE, TIMELESS, UNINTERRUPTED, OR ERROR-FREE; (B) THE PRODUCTS WILL WORK IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (C) THE PRODUCTS (SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR RECEIVED THROUGH THE PRODUCTS) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (D) ALL STORED DATA WILL BE ACCURATE OR RELIABLE OR THAT ANY STORED DATA WILL NOT BE LOST OR CORRUPTED; (E) ERRORS OR DEFECTS WILL BE CORRECTED; OR (F) THE PRODUCTS (OR SERVERS THAT MAKE A HOSTED SERVICE AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

8.3 Liability for Content. As a service provider, we are responsible for our own content on our website in accordance with general law in accordance with section 7 (1) TMG (Telemedia Act in Germany). According to §§ 8 to 10 TMG, as a service provider, we are not obliged to monitor transmitted or stored third-party information or to research circumstances that indicate illegal activity.

Obligations to remove or block the use of information according to general laws remain unaffected. However, liability in this regard is only possible when we become aware of a specific legal violation. As soon as we become aware of such legal violations, we will remove this content immediately.

9. Limitation of Liability

None of the parties (or their suppliers) are liable for any loss of use, lost or inaccurate data, failure of security mechanisms, business interruptions, costs of delays, or indirect, special, accidental, trustworthy, or consequential damages of any kind (including lost profit), regardless of the type of action whether contractual, tort (including negligence), strict liability or other means, even if you are informed in advance of the possibility of such damage. The total liability of both parties towards each other does not exceed the amount that you actually paid in the 12 months immediately before the claim to us for products, support, and maintenance. This Section 9 (Limitation of Liability) does not apply to (1) amounts owed by you as a result of engagements, (2) any party's express indemnity obligation in this Agreement, or (3) your breach of section 7 (Restrictions). The parties agree that the limitations outlined in this Section 9 (Limitation of Liability) shall continue to apply if any limited remedy specified in this Agreement fails its essential purpose. The parties agree that the limitations specified in this Section 9 (Limitation of Liability) shall continue to be applied if any limited remedy specified in this Agreement is determined to have failed of its essential purpose.

10. Improving Our Products

We always strive to improve our products. In order to do this, we need to measure, analyze and aggregate how users interact with our products, such as usage patterns and characteristics of our user base. We collect and use analytical data relating to the use of our products as described in our Privacy Policy.

11. Term and Termination

The term of this license runs at the same time as the period in which you are authorized to use the Licensed Software. Your rights under this license will automatically terminate without notice from the Application Provider if you fail to comply with the terms of this license or your subscription term expires. Upon termination of the license, you must cease all use of the Licensed Software and uninstall it from all devices it was installed on.

If there are objective and specific reasons to believe that you are insulting, threatening or harming our employees or agents of our service, we reserve the right to remove some or all of your content and to terminate your account on our service in accordance with applicable law. In such a case, if you have an active subscription, it will be canceled. No payments will be refunded.

12. Usage Fee

12.1 Subscription for a monthly fee with unlimited access to certain services defined by the AllTracker service subscription plan. You can see the price list on the pricing page. The subscription fee is automatically withdrawn at the end of the payment period if the subscription was not canceled within the period. You can cancel your subscription at any time on your profile page. When the subscription is canceled, the paid plan will remain active until the end of the payment period.

12.2 Prepaid. By purchasing coupons, you can pay a one-time payment for each tariff plan for a certain period of use. In this case, you can use all the features of a particular plan for the paid period. After the paid period has expired, you will not be billed for the next period. Coupons are valid for three years. There is no eligibility for a refund or replacement of coupons.

13. Data Security and Protection

13.1 Commitment to Data Security. AllTracker is committed to ensuring the security and protection of the personal data that we process, and to provide a compliant and consistent approach to data protection. We have implemented various security measures including encryption and authentication tools in an effort to protect the security of your personal information.

13.2 Data Breach Notification. In the event of a data breach, we are prepared to follow any laws and regulations which would require us to notify you of the disclosure of private information.

13.3 User Responsibilities. While we take data protection seriously, it is also important for users to take steps to help protect the privacy and integrity of their data. You are responsible for maintaining the confidentiality of your account information and for ensuring that the personal data you submit to us is accurate and up-to-date.

13.4 Compliance with Data Protection Legislation. AllTracker will comply with all applicable data protection laws in the processing of personal data. As part of this, we ensure that data is processed lawfully, transparently, and for a specific purpose. Once the purpose is fulfilled and is no longer necessary, the data is deleted in accordance with AllTracker's policies and relevant regulations.

14. Restrictions for Russian Users in Business Enterprises

14.1 Compliance with EU Council Regulation (EU) 2023/2873. In accordance with the EU Council Regulation (EU) 2023/2873 dated December 18, 2023, AllTracker restricts the provision of its services and software to Russian entities, nationals, or persons established in Russia for the purposes of enterprise management.

14.2 Prohibited Use. The use of AllTracker's services and software for enterprise management, including but not limited to, systems for enterprise resource planning (ERP), customer relationship management (CRM), business intelligence (BI), supply chain management (SCM), enterprise data warehouse (EDW), computerized maintenance management systems (CMMS), project management software, product lifecycle management (PLM), and other related components such as software for accounting, fleet management, logistics, and human resources, by Russian entities or nationals is strictly prohibited.

14.3 Additional Restrictions. The regulation also extends to software used in architecture, engineering, construction, manufacturing, media, education, and entertainment, including building information modeling (BIM), computer-aided design (CAD), computer-aided manufacturing (CAM), and engineer to order (ETO) systems. AllTracker's services and software falling under these categories are not to be provided to Russian entities, nationals, or persons established in Russia.

14.4 Enforcement and Penalties. AllTracker will enforce these restrictions rigorously and reserves the right to terminate accounts or access to its services for any users found to be in violation of these provisions. Users are responsible for ensuring their compliance with these regulations, and any violation may result in immediate termination of service and potential legal action.

14. 5 Exceptions and Derogations. While the regulation primarily restricts the provision of certain services and software to Russian entities and nationals, there may be certain exemptions and derogations as provided under the EU Council Regulation. It is the responsibility of the users to be aware of and comply with any such exemptions that may apply to their specific situation. AllTracker reserves the right to require proof of eligibility for any such exemptions.

14.6 User Responsibility. Users affected by these restrictions are responsible for ensuring they do not access or use AllTracker’s services and software in a manner that violates the EU Council Regulation. Any breach of these terms by users will result in immediate cessation of services and may subject the user to legal penalties under applicable laws.

15. Changes to this Agreement

We may update or modify this Agreement from time to time, including any referenced guidelines and other documents. If a revision significantly restricts your rights, we will use reasonable efforts to inform you (for example, by sending an email to the billing or technical contact listed in the relevant order, through your AllTracker account, or in the products themselves). If we change the Agreement during your license term or subscription term, the changed version will take effect the next time you renew a license term, support and maintenance term, or subscription term. In this case, if you object to the updated agreement, your sole remedy will be the choice not to accept renewal, including cancellation of any terms that apply to auto-renewal. For charge-free products, acceptance of the updated agreement is required in order for you to continue to use the charge-free products. You may need to click through the updated agreement to confirm your acceptance. If you do not agree to the updated agreement after it comes into effect, you will no longer have the right to use free products. For the avoidance of doubt, the version of the agreement valid at the time of the order applies to each order.

16. Contact Us

If you have any questions about this License Agreement, you can contact us by sending an email to support@alltracker.org or by submitting a request to our support team.

Head office address:
Ragimov Software
Schönbornstraße 33 - etage1
76646 Bruchsal