TERMS OF SERVICE
trackmind.io
Last Updated: January 2025
Welcome to trackmind.io. These Terms of Service ("Terms") govern your access to and use of the trackmind.io website, platform, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
1. Definitions
"Company," "we," "us," or "our" refers to shopville s.r.o., a company registered in the Czech Republic with registered office at Bělehradská 858/23, 120 00 Praha - Vinohrady, Company ID (IČO): 10779281, the operator of trackmind.io. "User," "you," or "your" refers to the individual or entity accessing or using the Service. "AI Search Engines" refers to artificial intelligence-powered search and conversational platforms including, but not limited to, ChatGPT, Perplexity, Claude, Google AI, and similar services. "Brand Mentions" refers to references, citations, or discussions of your brand, company, products, or services within AI Search Engine responses.
2. Description of Service
trackmind.io is an AI visibility tracking platform that monitors and analyzes how your brand is mentioned, cited, and represented across various AI Search Engines. The Service provides analytics, insights, and recommendations to help you understand and improve your brand's presence in AI-generated responses.
3. Account Registration
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
4. Subscription Plans and Payment
The Service offers various subscription plans with different features and pricing tiers. By selecting a paid subscription, you agree to pay all applicable fees as described at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law. We reserve the right to modify pricing with 30 days' notice to existing subscribers. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. If payment fails, we may suspend or terminate your access to the Service.
5. Free Trial
We may offer a free trial period for new users. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. You may be required to provide payment information to start a free trial, but you will not be charged until the trial period expires.
6. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:
- Use the Service in any way that violates applicable laws or regulations
- Attempt to gain unauthorized access to any part of the Service or its related systems
- Use the Service to transmit malware, viruses, or other harmful code
- Interfere with or disrupt the integrity or performance of the Service
- Reverse engineer, decompile, or disassemble any aspect of the Service
- Resell, sublicense, or redistribute the Service without our written consent
- Use automated systems or software to extract data from the Service beyond the intended functionality
- Misrepresent your identity or affiliation when using the Service
7. Intellectual Property
The Service, including its original content, features, and functionality, is owned by shopville s.r.o. and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. You retain ownership of any data you provide to the Service. By using the Service, you grant us a limited license to use, process, and analyze your data solely for the purpose of providing and improving the Service.
8. Data and Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. We collect and process data as described in our Privacy Policy. You acknowledge that the Service involves monitoring publicly available AI Search Engine responses and that such monitoring is conducted in compliance with the terms of service of the respective AI platforms to the extent reasonably possible.
9. Service Availability and Modifications
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will make reasonable efforts to notify users of significant changes that materially affect the Service.
10. Third-Party Services
The Service may integrate with or rely upon third-party services, including AI Search Engines and analytics platforms. We are not responsible for the availability, accuracy, or content of third-party services. Changes to third-party AI platforms may affect the functionality of our Service, and we do not guarantee compatibility with future versions of such platforms.
11. 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 COMPLETELY SECURE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA, ANALYTICS, OR INSIGHTS PROVIDED THROUGH THE SERVICE.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPVILLE S.R.O., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE; (B) ANY CONDUCT OR CONTENT OF THIRD PARTIES ON THE SERVICE; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless shopville s.r.o. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you submit to the Service.
14. Termination
You may terminate your account at any time by contacting us or using the account settings. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Czech Republic, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be resolved through good-faith negotiations. If negotiations fail, disputes shall be submitted to the competent courts of the Czech Republic.
16. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically.
17. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.
18. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and shopville s.r.o. regarding the Service and supersede all prior agreements and understandings, whether written or oral.
19. Contact Information
If you have any questions about these Terms, please contact us at:
Bělehradská 858/23
120 00 Praha - Vinohrady
Czech Republic
IČO: 10779281
Email: support@trackmind.io
Website: www.trackmind.io