Hashtracking

Hashtracking, Inc. (hereinafter referred to as "Hashtracking," or "we," or "us," or "our") provides its services (described below) to you through its website located at www.hashtracking.com ("Site") and related services (collectively, such services, including any new features and applications, and the Site, (the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.

In addition, when using certain services, you shall be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://www.hashtracking.com/privacy-policy/. All such terms are hereby incorporated by reference into these Terms of Service.

Violation of any of the terms below will result in the termination of your Account. While Hashtracking prohibits such conduct and content on the Service, you understand and agree that Hashtracking cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.

1. The Service
   Hashtracking provides an analytics and reporting solution that helps people collect and analyze data on various social media and online marketing platforms.

2. Eligibility
   1. You must be 18 years or older to use this Service.
   2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

3. Account Registration and Use Restrictions
   1. You must provide any required information requested in order to complete the sign up process.
   2. You are responsible for maintaining the security of your account and password. Hashtracking will not be liable for any loss or damage from your failure to comply with this security obligation. You agree to notify Hashtracking, via written notice, immediately of any unauthorized use of your password or account or any other breach of security. You are responsible for ensuring that you "log out" and exit from your account at the end of each session when accessing the Service.
   3. You are responsible for all activity that occurs under your account (even when content is posted by others who have accounts under your account).
   4. If you are using a Free Trial you are not permitted to block ads.
   5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
   6. You may not use the Service to track or analyze hashtags which are, in Hashtracking's sole discretion, considered unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, racially biased, ethnically biased, sexually biased, or otherwise objectionable, in our sole discretion.

4. Fees and Payment
   1. A valid credit card is required for Subscription (paid) Plans. You will promptly update your information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
   2. When you purchase any Paid services, you authorize Hashtracking, Inc., or its third party payment processors, to charge the credit card identified by you (which you represent and warrant that you are authorized to use) all applicable fees for your purchase in US dollars, and you agree that Hashtracking, Inc., or its third party payment processors, can store your credit card information.
   3. For non-Trial accounts, at the beginning of each billing cycle Hashtracking will attempt to charge the applicable fee to the credit card on record at least three times over the span of at least 3 days until successful. If after the final attempt we are unable to process the credit card, the Subscription service will be disabled until payment has been received.
   4. Trial accounts automatically convert to Basic-level accounts after the 14-day trial period. Thereafter the charging and billing of the credit card will be as described above.
   5. All sales are final and Hashtracking will not issue refunds, including for prepaid fees.
   6. For plans purchased with a monthly billing cycle, your effective monthly billing date is the day of the month you initially register for a Hashtracking account. For Basic-level accounts which originally started as Trial accounts, the effective monthly billing date is the day of the month that the Trial period ends, 14 days after the Trial account was originally created. You will be billed monthly on that same day of the month for the amount indicated by your level of service.
   7. For plans purchased with a yearly billing cycle, your effective yearly billing date is the day of the year you initially register for a Hashtracking account. You will be billed yearly on that same day of the year for the amount indicated by your level of service.
   8. For any upgrade in plan level, the credit card that you provided will automatically be charged a pro-rated amount for the new service level through the end of your billing cycle. Upon the start of your next billing cycle, you will be billed the new full rate.
   9. You cannot downgrade from a paid account to a Free Trial.
   10. All fees charged by Hashtracking are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
   state) taxes.
   11. Hashtracking reserves the right to charge for any portion of the Service and to change its fees from time to time in its sole discretion. If Hashtracking revises its prices, we will provide notice of the change on the Site and/or in email to you, at Hashtracking's option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount.

5. Data and Account Levels
   1. Your data will be saved by the Hashtracking service as long as you maintain a Subscription (paid) account.
   2. Free Trials are not eligible to maintain data for more than one Tracker at any one time.
   3. Downgrading your Service may cause other loss of content, features, or capacity of your account. Hashtracking does not accept any liability for such loss.

6. Cancellation and Termination
   1. You are solely responsible for properly closing your account. An email or phone request to close your account is not considered cancellation. You can close your account at any time by either clicking on the "Profile" link in the "My Account" navigation toolbar on the Site or clicking the "Service" link in the "My Account" navigation toolbar and then clicking the "Close My Account" button.
   2. You can cancel your subscription plan at any time by clicking on the "Service" link in the "My Account" navigation toolbar on the Site and then clicking the "Cancel My Plan" button. If you are not a member of any other teams, cancelling your plan will also close your account.
   3. You can suspend your subscription plan at any time by clicking on the "Service" link in the "My Account" navigation toolbar on the Site and then clicking the "Suspend My Account" button. Suspending your account will stop all active data collection. Starting on the next billing cycle your credit card will not be charged for service. All data collected will remain in your account. You can reactivate your account at any time by clicking on the "Service" link in the "My Account" navigation toolbar on the Site and then clicking the "Reactivate My Account" button. You will need to resubmit your credit card information to reactivate service. Once submitted, your effective billing date will become the date of reactivation.
   4. Hashtracking, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Hashtracking service, for any reason at any time.
   5. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. Hashtracking reserves the right to refuse service to anyone for any reason at any time.
   6. Payments are made for the upcoming billing cycle. Hashtracking does not provide refunds for accounts that are cancelled prior to the end of a billing cycle.

7. General Conditions
   1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.
   2. Hashtracking shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
   3. Technical support is only provided to account holders and is only available via the Support section of the Site.
   4. You understand that Hashtracking uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
   5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Hashtracking, or any other Hashtracking service.
   6. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written consent of Hashtracking.
   7. You understand that the technical processing and transmission of the Service, including your content, may be transferred, unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   8. You must not transmit any worms, viruses or any code of a disruptive or destructive nature.
   9. You understand that Hashtracking data collection is subject to data limitations from data providers (e.g., Twitter, Instagram) and that we cannot be held responsible for incomplete collection of data.
   10. The Hashtracking name and logo are trademarks and service marks of Hashtracking (collectively the "Hashtracking Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Hashtracking. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Hashtracking Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Hashtracking Trademarks will inure to our exclusive benefit.

8. Indemnification
   You agree to defend, indemnify and hold harmless Hashtracking, its subsidiaries, affiliates, partners and third-party vendors, advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

9. Disclaimer of Warranties
   YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY CONTENT ACCESSIBLE THROUGH THE SERVICE AND YOUR INTERACTIONS AND DEALINGS WITH ANY SERVICE USERS, IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. HASHTRACKING AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HASHTRACKING DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING HASHTRACKING THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of Liability
    NEITHER HASHTRACKING NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF HASHTRACKING OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
    THE MAXIMUM TOTAL LIABILITY OF HASHTRACKING AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS, WHICH MUST BE ARBITRATED PURSUANT TO SECTION 11, INFRA, UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $100.00. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Choice of Law; Dispute Resolution
    All matters relating to your access to and use of the Site, including purchases made on the Site, are governed in all respects by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely within Delaware between Delaware residents. You agree that any action at law or in equity arising out of or relating to these Terms or arising out of your use of this Site will be resolved, individually, through binding arbitration in New Castle County, Delaware using the then-current rules of the American Arbitration Association, and the resulting decisions may be entered in any court with proper jurisdiction. This means that if you have a grievance with us, you cannot take us to court, and you may not join your action with any other party. You can only address such grievances through arbitration and you are hereby consenting to do it in Delaware, using Delaware's laws (without regard to Delaware's rules on conflict of laws). To the fullest extent allowed by law, any such controversy or claim must be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. Notwithstanding the foregoing, either party may seek any interim or preliminary relief from a court of competent jurisdiction in Delaware as necessary to protect the party's rights or property pending the completion of arbitration. By using this Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New Castle County, Delaware.

12. General
    If any portion of these Terms is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effect the intent of the parties as reflected by that provision, and the remaining portions of these Terms will be given full effect. Hashtracking's failure to act in a particular circumstance, including any failure by Us to enforce or exercise any provision of these Terms, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. Hashtracking will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms. Hashtracking may assign its rights and obligations under these Terms to an entity that acquires all or substantially all of the assets of Hashtracking or to any subsidiary or successor in a merger or acquisition involving Hashtracking. These Terms, the Privacy Policy and the all other agreements posted on the Site constitute the entire agreement between Hashtracking and you with respect to your access to or use of the Site, superseding any prior agreements between you and Hashtracking with respect to your access to or use of the Site (including any prior versions of these Terms).

Questions about the Terms of Service should be sent to legal@hashtracking.com.

Last updated: June 1, 2016