Terms & Conditions
Our Terms & Conditions were last updated on 9 April 2024.
TrackMe Limited IT Software Terms and Conditions
In these terms and conditions (Terms), when we say you or your, we mean both you and, if applicable, any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean TrackMe Limited, a company registered in England and Wales with company number 13817409.
Please read these Terms carefully before using our downloadable platform (“TrackMe”) for Splunk Enterprise, Splunk Cloud software or before accessing TrackMe through our direct website.
These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a customer. You cannot use TrackMe unless you agree to these Terms. By using our software, you agree to be bound by these Terms.
1. License Types & Restrictions
You and Each Authorised User must be at least 16 years old to use TrackMe. If you are using TrackMe on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
You represent, warrant and agree that:
(a) you will not use TrackMe, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete; and
(d) you have not relied on any representations or warranties made by us in relation to TrackMe (including as to whether TrackMe is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms.
You must not:
(a) access or use TrackMe in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;
(b) interfere with or interrupt the supply of TrackMe, or any other person’s access to or use of TrackMe;
(c) introduce any viruses or other malicious software code into TrackMe;
(d) use any unauthorised or modified version of TrackMe, including but not limited to for the purpose of building similar or competitive software or for the purpose of obtaining unauthorised access to TrackMe;
(e) attempt to access any data or log into any server or account that you are not expressly authorised to access;
(f) use TrackMe in any way that involves service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single user login, or time-sharing;
(g) circumvent user authentication or security of any of our networks, accounts or hosts or those of any third party; or
(h) access or use TrackMe to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.
License Types:
While you have an account with Splunk or with us (Account), we grant you a right to use TrackMe (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person. The types of licences that we offer will be set out on our website or on the Splunk Enterprise or Splunk Cloud software (as applicable).
2. Support
We offer support for features and behaviors which relate directly to the usage of TrackMe for Splunk Cloud and Splunk Enterprise. Issues related to Splunk products or any other third-party applications are not covered by our support agreement. Prioritized support is included for customers with a valid TrackMe Enterprise or TrackMe Unlimited. Support is available by email. We will use reasonable endeavours to respond to all email enquiries within 24 hours.
Contacting TrackMe support:
Customers with a valid TrackMe Enterprise or TrackMe Unlimited can contact us at support@trackme-solutions.com
If the support case requires it, we will propose a virtual support meeting through our Zoom meeting services, or your own meeting tools depending on your preferences
Prioritized developments:
If you have specific needs or requirements that are not covered by our product, we will prioritize developments if you are a customer under active subscription.
The company remains the sole owner of the developments and the intellectual property of the developments made for the product.
We also reserve the right not to implement a feature if it is not in line with our product roadmap or if it is not technically feasible, although we will always do our best to meet your requirements.
Unless we agree otherwise, the support we may agree to provide cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.
Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).
Third Party Products or Services: Where you engage third parties to operate alongside our services (for example, any third-party software systems you wish to integrate with TrackMe), those third parties are independent of us and you are responsible for (meaning we will not be liable for) the goods or services they provide, unless we expressly agree otherwise.
3. License Subscription Renewal and Expiration
If you wish not to renew your TrackMe Enterprise or TrackMe Unlimited license, TrackMe will automatically return to the free Community Edition mode, and components out of the scope of the Free Limited Edition mode will automatically be disabled. If you renew your subscription, your license will be extended accordingly. You are responsible for paying any levies or taxes associated with your use of TrackMe, for example sales taxes, value-added taxes or withholding taxes (unless we are required by law to collect these on your behalf.
4. Changes to TrackMe
While we strive to always make TrackMe available to you, we do not make any guarantees that it will be available 100% of the time. Our services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance. Our services (including TrackMe) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties. We will try to provide you with reasonable notice, where possible, of any disruptions to your access to TrackMe.
Minor changes to TrackMe: We may change TrackMe:
(a) to reflect changes in relevant laws and regulatory requirements; and
(b) to implement minor technical adjustments, improvements, and to keep up-to-date with technological advancements. These changes will not substantially affect your use of TrackMe.
More significant changes to TrackMe: We will try to avoid making any significant changes to TrackMe which are likely to materially disadvantage your use of TrackMe. However, where we intend to make a change to TrackMe which may materially disadvantage your use of TrackMe, we will notify you in advance of making any changes, and you may then contact us to terminate these Terms and receive a full refund for any unused services (if applicable) before the changes take effect.
5. Changes to the Terms
We reserve the right to modify, amend, or update these Terms at any time and for any reason without prior notice. Such modifications, amendments, or updates will be effective immediately upon posting on our website.
To ensure transparency and keep our customers fully informed of any changes that may affect their use of the TrackMe software for Splunk Enterprise and Splunk Cloud, we commit to sending an automated notification of any such changes to the designated point of contact for each customer. This notification will be sent to the email address on file with us for such communications.
Customers are encouraged to periodically review the most current version of the Terms, which will always be available on our website. Continued use of the TrackMe software after any changes to the Terms signifies acceptance of those changes. It is the responsibility of the customer to update their designated point of contact and corresponding email address as necessary to ensure that notifications of changes are received in a timely manner.
If you disagree with the revised Terms, you have the right to terminate your use of the TrackMe software and we agree to refund you for any prepaid unused Fees on a pro-rata basis.
6. Payments
The license can be activated in your Splunk environment at any time, with or without online verification through Cryptolens Licensing API.
For more details and technical information about the Cryptolens API service and our registration process, please consult the following documentation: https://docs.trackme-solutions.com/latest/license_registration.html
We provide a license key which requires online verification through Cryptolens Licensing API, and a license file which allows offline registration for Splunk environments with no outside communications capabilities.
Once you have chosen the licence that you require, you agree to pay the fees set out on TrackMe (Fees) by the date specified on TrackMe to access certain features of TrackMe. You agree that the Fees will be payable in advance of you receiving access to TrackMe and your chosen licences (if licence Fees are payable). We accept payments by bank transfer once we issue a tax invoice (U.K. national and international IBAN, payments can be processed in USD, GBP AND EUR currencies).
7. Delivery
After you agree to our Terms and accept our quotation, we will issue an invoice through our billing system. Once the invoice is generated and the Fees are paid as set out above, we will provide you with the TrackMe license key and license file via our licensing services.
The TrackMe Enterprise or TrackMe Unlimited license key and license key file which allows offline registration is provided by electronic means, we will also deliver the license through our DocuSign service to electronically sign the delivery.
8. Authorised Users
You may be permitted to invite a number of users to TrackMe, who will be permitted to download and use TrackMe under your license (Authorised Users).
You must ensure that each Authorised User complies with these Terms and our End User Licence Agreement. You are responsible and liable for the acts or omissions of your Authorised Users.
Each Authorised User must agree to our End User Licence Agreement (as available at [insert URL]) in order to download and use TrackMe.
9. Legal Compliance and Jurisdiction
We are committed to ensuring that any information we store is secure and required for the purposes of providing our services to you.
As a Software which runs on your environment, whenever you are a Splunk Enterprise or Splunk Cloud customer, we do not store any personal data, and we do not have access to your data.
Information stored by us is restricted to the minimal required information for support and billing purposes notably the end customer name and contact details and the TrackMe Enterprise or TrackMe Unlimited license details.
10. Termination and Refund Policy
Clause 10 is designed to ensure clear communication and procedures for the termination of your TrackMe subscription. This policy outlines the conditions under which subscriptions may be terminated and clarifies our stance on refunds.
Termination by the User:
Subscribers may decide not to renew their subscription at any point without the need for formal termination, given that TrackMe does not automatically renew subscriptions. Should you wish to discontinue your use of TrackMe before the end of your current subscription period, we request that you notify us in writing at contact@trackme-solutions.com. While early termination does not entitle the subscriber to a refund for the remaining portion of the subscription, it ensures that our records are up-to-date, and we can cease any renewal reminders.
No Refund Policy:
In alignment with our commitment to transparency and the digital nature of our software licenses, TrackMe maintains a no refund policy. Once a license is issued and activated, we cannot offer refunds. We encourage customers to thoroughly evaluate our software through available trials or developer modes before making a purchase. Our team is available to address any questions or concerns you might have prior to purchasing.
Termination by us:
We reserve the right to terminate a subscription if there are grounds such as non-compliance with our Terms, misuse of the software, or failure to comply with payment terms. Such termination will be communicated in writing, and the subscription will be deactivated immediately. In cases of termination by us for cause, no refund will be provided.
Subscription Expiration:
If you choose not to renew your subscription, it will expire at the end of the current billing cycle. Upon expiration, access to the Full Registered Edition features will be suspended, and the software will revert to the Free Limited Edition mode, where applicable.
Policy Changes:
We reserve the right to modify Clause 10 at any time. Customers will be notified of significant changes through direct communication or via updates on our website. We value our relationship with our customers and aim to provide clear and fair policies. If you have any questions or need further clarification regarding our Subscription Termination Policy, please do not hesitate to contact us at contact@trackme-solutions.com.”
This revised section ensures consistency with the operational practices mentioned earlier, emphasizing user control over subscription management and the company’s no refund policy. It provides clear instructions for both users and the company regarding subscription termination and outlines the conditions under which these actions can take place.
11. Intellectual Property
You acknowledge and agree that any Intellectual Property or content (including copyright and trademarks) available on TrackMe, TrackMe itself (including how it looks and functions), any algorithms or machine learning models used on TrackMe, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property (Our Intellectual Property) will at all times vest, or remain vested, in us.
We authorise you to use and download Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party. Use must be limited to Authorised Users on devices that are controlled or approved by you.
You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with TrackMe, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.
This Clause 11 will survive the termination or expiry of these Terms.
12. Liability
Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
The restrictions on liability in this ‘Liability’ clause apply to every liability arising under or in connection with these Terms including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.
Nothing in these Terms limits any Liability which cannot legally be limited, including Liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) defective products under the Consumer Protection Act 1987.
To the maximum extent permitted by law, we shall have no Liability for any third party products or services, or any unavailability of TrackMe due to a failure of the third party products or services.
To the maximum extent permitted by law:
(a) you agree to indemnify us for any Liability we incur due to your breach of these Terms;
(b) neither party will be liable for any Consequential Loss; and
(c) a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party, including any failure by that other party to mitigate its loss; and
(d) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us resupplying the services to you or, in our sole discretion, to us repaying you the amount of the fees paid by you to us in respect of the supply of the relevant services to which the Liability relates.
The terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 are, to the maximum extent permitted by law, excluded from these Terms.
This ‘Liability’ clause will survive the termination or expiry of these Terms.
13. General
Assignment: Subject to the below clause, a party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other party (such consent is not to be unreasonably withheld).
Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of these Terms, nothing in these Terms confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.
Disputes: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction. If the Dispute is not resolved at that initial meeting:
(a) where you are resident or incorporated in England and Wales, refer the matter to mediation, administered by The Centre for Effective Dispute Resolution; or
(b) where you are not resident or incorporated in England and Wales, refer the matter to arbitration administered by the London Court of International Arbitration (LCIA), with such arbitration to be conducted in London, before one arbitrator, in English and in accordance with the LCIA Arbitration Rules.
Force Majeure: To the maximum extent permitted by law, we shall have no Liability for any event or circumstance outside of our reasonable control.
Marketing: You agree that we may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications
Governing law: These Terms are governed by the laws of England and Wales. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. TrackMe may be accessed in the UK and overseas. We make no representation that TrackMe complies with the laws (including intellectual property laws) of any country outside of the UK. If you access TrackMe from outside the UK, you do so at your own risk and are responsible for complying with the laws in the place you access TrackMe. The United Nations Convention of Contracts for the International Sale of Goods is expressly excluded from these Terms.
Privacy: All personal data you and your Authorised Users provide to us will be treated in accordance with our privacy policy. You can find our privacy policy at [insert link].
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Third party sites: TrackMe may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from TrackMe, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on TrackMe (Affiliate Link) or for featuring certain products or services on TrackMe. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on TrackMe, or which (if any) third party links are Affiliate Links.
Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, business names, get-up, goodwill, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application for registration of, and any improvements, enhancements or modifications of, the foregoing, and any right to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future, including in respect of the foregoing.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.