Terms of Service

1. Parties and Acceptance

These Terms of Service (“Terms”) govern access to and use of the Trackmate.io platform (the “Service”). The Service is operated by a company registered in the Netherlands; full legal entity details are provided in Section 20 of these Terms.

By creating an account, clicking “I agree”, completing the registration process, or otherwise accessing or using the Service, you (“Customer”, “you”, or “your”) acknowledge that you have read, understood, and agree to be legally bound by these Terms in their entirety, together with our Privacy Policy, which is incorporated herein by reference.

If you are entering into these Terms on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and all references to “you” shall refer to that entity. If you do not have such authority, you must not use the Service.

If you do not agree with any part of these Terms, you must immediately cease use of the Service and close your account.

2. Description of the Service

Trackmate.io is a software-as-a-service (SaaS) analytics and operations dashboard designed for e-commerce businesses. The Service enables Customers to connect external third-party platforms — including but not limited to Shopify, Google Ads, Gorgias, Klaviyo, Zendesk, Reamaze, and ParcelPanel — via those platforms' published APIs, and to view consolidated data retrieved from those platforms in a unified interface.

The Service may include features for displaying revenue metrics, profit and loss summaries, advertising performance data, customer service statistics, order management overviews, shipment tracking, subscription analytics, and related business data, all of which is sourced from third-party platforms connected by the Customer.

The features, functionality, and availability of the Service may change over time at our sole discretion. We reserve the right to add, modify, suspend, or discontinue any feature or component of the Service with reasonable prior notice where practicable.

3. Display-Only Nature of the Service

All data displayed within the Service originates from third-party platforms and is retrieved via those platforms' APIs at the time of the request or according to a configured refresh schedule. We have no control over, and make no representations regarding, the accuracy, completeness, timeliness, or fitness for purpose of any such data.

The Service is a tool for informational and visualization purposes only. Any and all business, financial, operational, strategic, or other decisions made by or on behalf of the Customer on the basis of information displayed in the Service are made entirely at the Customer's own risk. We expressly disclaim all liability for the consequences of any such decisions, whether or not based on data displayed in the Service.

We are not a financial services provider, accountant, business advisor, or any other type of regulated professional. Nothing displayed in the Service constitutes financial advice, tax advice, legal advice, or any other form of professional advice.

4. Account Registration and Security

4.1 Registration

Access to the Service requires the creation of an account. You must provide accurate, complete, and current registration information and promptly update such information to keep it accurate. Registration under a false identity, using another person's credentials, or providing materially false information is prohibited and may result in immediate termination of your account.

4.2 Account Security

You are solely and entirely responsible for maintaining the confidentiality of your account credentials, including your password. You must not share your credentials with any person outside your authorized organization. You must implement reasonable security measures to protect your account, including using a strong and unique password.

You must notify us immediately at the contact address in Section 20 if you become aware of, or suspect, any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to comply with these obligations or from unauthorized access to your account resulting from your acts or omissions.

4.3 Multi-User Access

The Service includes team management functionality allowing multiple authorized users within your organization to access your account. You are responsible for all actions taken under your account by any person you authorize to access it. The authorization of additional users does not transfer any responsibilities from you to those users in your relationship with us.

4.4 Account Eligibility

The Service is intended for use by businesses and professionals only. You must be at least 18 years of age and have the legal capacity to enter into binding contracts. If you are using the Service on behalf of a business entity, that entity must be duly organized and in good standing under applicable law.

5. Subscription, Payment and Billing

5.1 Subscription Plans

The Service is provided on a subscription basis. Subscription plans, pricing, and included features are as described on the pricing page of the Service at the time of subscription. We reserve the right to modify pricing at any time upon at least 30 days' prior written notice. Price changes will take effect from your next billing period following the notice period.

5.2 Payment Processing

All subscription payments are processed by Stripe, Inc., a third-party payment processor. By subscribing, you authorize us to instruct Stripe to charge your designated payment method on a recurring basis at the applicable subscription rate. Full card details are provided directly to Stripe and are not transmitted to or stored on our systems.

5.3 Billing Cycle and Advance Payment

Subscriptions are billed in advance, either monthly or annually depending on your selected plan. The first payment is due upon subscription. Subsequent payments are due at the start of each new billing period. Invoices are issued and delivered electronically to the email address associated with your account.

5.4 Taxes and VAT

All subscription fees are stated exclusive of applicable taxes unless expressly stated otherwise. Dutch VAT at the applicable statutory rate applies to subscriptions by Dutch entities. The EU VAT reverse charge mechanism applies to VAT-registered businesses in other EU member states. Customers outside the European Union are responsible for determining and paying any applicable taxes in their jurisdiction. We are not responsible for any tax, levy, or duty payable by you in your jurisdiction.

5.5 Failed Payments and Dunning

If any payment due from you fails, we will make reasonable attempts to notify you by email and may retry the charge. If the outstanding amount remains unpaid for more than 14 calendar days from the original due date, we reserve the right to suspend your access to the Service. If the outstanding amount remains unpaid for more than 30 calendar days, we may terminate your subscription and account. Reinstatement of a suspended account may be subject to payment of all outstanding amounts plus any applicable reinstatement fee.

5.6 No Refunds

All fees paid are non-refundable except as expressly provided in these Terms or as required by mandatory applicable law. No refunds or credits are issued for partial subscription periods, unused features, periods of planned or unplanned Service downtime (subject to any separate SLA), or dissatisfaction with the Service.

5.7 Free Trials

Where we offer a free trial period, such trial commences upon account creation and expires at the end of the advertised trial duration. Upon expiry, your account will automatically transition to the paid subscription tier selected during registration and payment will be collected. No payment is taken during the trial period. You may cancel at any time before the trial expires to avoid being charged.

6. Cancellation and Termination

6.1 Cancellation by Customer

You may cancel your subscription at any time through your account settings or by contacting us at the address in Section 20. Cancellation takes effect at the end of the then-current billing period; you will retain access to the Service until that date. No partial-period refunds are issued. After the end of your billing period, your account will be deactivated and access to the Service will cease.

6.2 Termination by Us for Cause

We may suspend or terminate your access to the Service, with or without prior notice, if:

• You materially breach any provision of these Terms and, if the breach is capable of remedy, fail to remedy it within 7 days of written notice;
• Any payment due from you remains outstanding for more than 30 days after the due date;
• You use the Service in a manner that, in our reasonable determination, creates significant legal, regulatory, reputational, or security risk for us, other users, or third parties;
• You become the subject of insolvency, bankruptcy, winding-up, or analogous proceedings;
• We are required to do so by applicable law, court order, or governmental directive.

6.3 Effect of Termination

Upon termination or expiry of your subscription for any reason: (a) all licenses granted to you under these Terms cease immediately; (b) you must cease all use of the Service; (c) we will deactivate your account; (d) we will delete or anonymize your Customer Data within 90 days of the effective date of termination, subject to any overriding legal retention obligations; (e) all payment obligations accrued prior to termination remain due and payable. Sections 3, 7, 9, 11, 12, 13, 14, 15, 17, and 19 of these Terms survive termination indefinitely.

6.4 Termination by Us Without Cause

We may discontinue the Service in its entirety by providing at least 60 days' written notice to all active Customers. In such event, we will pro-rate and refund any prepaid fees for the unused portion of your current subscription term.

7. Acceptable Use

You agree to use the Service only for lawful purposes and in a manner consistent with these Terms and all applicable laws and regulations. Without limiting the foregoing, you must not:

• Violate any applicable local, national, or international law or regulation, including data protection and privacy laws;
• Infringe the intellectual property rights, privacy rights, or other rights of any third party;
• Upload, transmit, or distribute any malware, viruses, spyware, ransomware, or other malicious software or code;
• Attempt to gain unauthorized access to the Service, its infrastructure, other accounts, or any third-party systems connected through the Service;
• Interfere with, disrupt, or overload the Service or its underlying infrastructure;
• Use the Service to harvest or collect personal data for any purpose not authorized by the relevant data subjects;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying structure of the Service or any component thereof;
• Use any automated means — including but not limited to scrapers, crawlers, or bots — to access or interact with the Service beyond what is technically permitted for normal authorized use;
• Remove, alter, or obscure any proprietary notices, branding, or attribution contained in the Service;
• Resell, sublicense, white-label, or otherwise make the Service available to third parties outside your organization without our prior written consent;
• Use the Service to process or store data in violation of the rights of any individual, including in a manner that would constitute unlawful discrimination, defamation, or harassment.

We reserve the right to investigate any suspected violation of this Section and to take such action as we deem appropriate, including suspending or terminating access, removing content, and reporting violations to law enforcement authorities.

8. Third-Party Integrations and APIs

8.1 Customer Authorization

By connecting a third-party integration through the Service, you represent and warrant that: (a) you have all necessary rights, licenses, and permissions to grant us access to the data available through that integration; (b) doing so does not violate any agreement you have with the applicable third-party platform provider; and (c) the connection complies with the third-party platform's terms of service and applicable law.

8.2 No Responsibility for Third-Party Platforms

We have no control over, and accept no responsibility or liability whatsoever for, the operation, availability, accuracy, security, or functionality of any third-party platform or its API. Third-party platforms may at any time change their API specifications, restrict API access, deprecate features, impose rate limits, or otherwise alter or terminate the data available through their APIs, all of which may affect the availability or accuracy of data within the Service. We do not guarantee that any specific integration will remain available indefinitely or that data retrieved via any integration will be accurate, complete, or timely.

8.3 No Liability for Third-Party Data

All data displayed in the Service that originates from a third-party integration is the responsibility of the applicable third-party platform. We are not liable for any errors, omissions, delays, or inaccuracies in such data, nor for any loss or damage arising from reliance thereon. You acknowledge and agree that we act only as a conduit for displaying data retrieved from third-party sources and that we do not verify, validate, or endorse any such data.

8.4 Disconnection

If you disconnect a third-party integration, we will immediately cease retrieving data from that source. We are not liable for any consequences — including any loss of historical data visibility — resulting from such disconnection, whether initiated by you, by the third-party platform, or by us in connection with a legitimate operational, legal, or security concern.

8.5 Third-Party Terms

Your use of any third-party platform is governed exclusively by that platform's own terms of service and privacy policy. We are not a party to any agreement between you and any third-party platform provider and have no responsibility for the performance of or compliance with such agreements.

9. Data, Privacy and Data Processing

Our Privacy Policy governs the collection, processing, storage, and disclosure of all personal data in connection with the Service and is incorporated into these Terms by reference. By using the Service, you agree to the Privacy Policy.

Data ownership: You retain all ownership of and rights in Customer Data. We claim no proprietary interest in Customer Data. Our rights to process Customer Data are limited to what is strictly necessary to provide the Service.

Data processor role: To the extent that Customer Data includes personal data of third parties (such as your end customers), you are the data controller and we act as your data processor pursuant to Article 28 GDPR. The Data Processing Agreement embedded in our Privacy Policy (Section 11 thereof) forms an integral part of these Terms.

Data accuracy: We do not independently verify the accuracy of any data retrieved from third-party platforms and displayed in the Service. You are solely responsible for verifying the accuracy of data before relying on it for any purpose. We expressly disclaim all liability for any loss or damage arising from inaccurate, incomplete, outdated, or otherwise incorrect data displayed in the Service.

No professional advice: Nothing in the Service constitutes financial, accounting, tax, legal, investment, or other professional advice. You should obtain independent professional advice before making any decision based on data displayed in the Service.

10. Service Availability and Maintenance

We aim to make the Service available on a continuous basis but do not guarantee any specific level of uptime or availability. The Service may be temporarily unavailable due to scheduled maintenance, emergency maintenance, technical failures, infrastructure outages, cyberattacks, or events outside our control.

We will use reasonable efforts to provide advance notice of scheduled maintenance that is likely to result in extended Service downtime. No credits or refunds are issued for unplanned downtime unless expressly agreed in a separate service level agreement.

We may modify, update, or upgrade the Service at any time. Significant changes that affect core functionality will be communicated to active users in advance where reasonably practicable. We reserve the right to deprecate or remove features of the Service at any time upon reasonable notice.

11. Intellectual Property

11.1 Our Property

All intellectual property rights in and to the Service — including but not limited to the software, source code, object code, algorithms, databases, user interfaces, visual designs, documentation, trademarks, service marks, trade names, and brand elements — are owned by us or our licensors and are protected by applicable intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

11.2 Limited License to You

Subject to your compliance with these Terms and payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service during the subscription term solely for your internal business purposes. This license does not include the right to copy, modify, create derivative works of, or distribute any part of the Service.

11.3 License to Your Data

You grant us a limited, non-exclusive, royalty-free license to access, store, process, and display Customer Data solely to the extent necessary to provide the Service to you. This license terminates upon termination of your subscription, subject to any retention obligations.

11.4 Feedback

If you provide us with feedback, suggestions, ideas, or other input regarding the Service (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, and exploit such Feedback in any manner, without any obligation of compensation, attribution, or confidentiality to you.

12. Disclaimer of Warranties

You acknowledge and agree that: (i) the Service is a data aggregation and display tool and makes no representations regarding the underlying data retrieved from third-party platforms; (ii) the quality and accuracy of data displayed is entirely dependent on the third-party platforms from which it is sourced; (iii) we have no ability to control, correct, or guarantee the data output of third-party platforms or APIs; and (iv) you use the Service and any information derived therefrom entirely at your own risk.

13. Limitation of Liability

13.1 Exclusion of Consequential Loss

To the maximum extent permitted by applicable law, in no event shall we, our directors, officers, employees, agents, licensors, or sub-processors be liable for any:

• indirect, incidental, special, consequential, punitive, or exemplary damages;
• loss of profits, revenue, anticipated savings, or business opportunities;
• loss of goodwill or reputation;
• loss, corruption, or unauthorized access to data;
• business interruption or operational disruption;
• cost of procuring substitute services;

in each case arising out of or in connection with these Terms, the Service, or the use of or inability to use the Service, regardless of the cause of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if we have been advised of the possibility of such damages.

13.2 Aggregate Liability Cap

To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the Service — whether in contract, tort, or otherwise — shall not exceed the total subscription fees actually paid by you to us during the twelve (12) calendar months immediately preceding the event or first event in a series of related events giving rise to the claim.

13.3 Specific Exclusions

Without prejudice to the generality of the foregoing, we specifically accept no liability for:

• Any loss arising from your reliance on data displayed in the Service, including data retrieved from third-party platforms;
• Any loss arising from downtime, outages, or API changes affecting third-party platforms;
• Any loss arising from decisions — financial, operational, strategic, or otherwise — made on the basis of information displayed in the Service;
• Any loss arising from unauthorized access to your account resulting from your failure to maintain the security of your credentials;
• Any loss arising from acts or omissions of third-party platform providers whose data is integrated with the Service;
• Any inaccuracy, incompleteness, or delay in data displayed in the Service that originates from a third-party source.

13.4 Non-Excludable Rights

Nothing in these Terms limits or excludes our liability for: (a) death or personal injury caused by our gross negligence; (b) fraud or fraudulent misrepresentation by us; or (c) any other liability that cannot be limited or excluded under mandatory applicable Dutch or EU law. To the extent that any applicable law confers rights on you that cannot be waived by contract (including statutory consumer rights), those rights are not affected by these Terms to the extent they apply to you.

14. Indemnification

You agree to indemnify, defend (at our option), and hold harmless us and our directors, officers, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable legal fees and disbursements) arising out of or relating to:

• Your use of the Service in violation of these Terms or applicable law;
• Your breach of any representation, warranty, or obligation under these Terms;
• Your violation of the rights of any third party, including intellectual property rights and data protection rights;
• Any data — including personal data of third parties — that you submit to, store in, or process through the Service;
• Your connection of third-party integrations to the Service without appropriate authorization;
• Any claim by a third party arising from your use of data retrieved through the Service.

15. Confidentiality

Each party (the “Receiving Party”) may be exposed to non-public, proprietary, or otherwise confidential information of the other party (“Confidential Information”) in connection with the Service. Each party agrees to: (a) maintain the confidentiality of the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care; (b) not disclose Confidential Information to any third party without prior written consent; and (c) use Confidential Information solely for the purpose of performing its obligations or exercising its rights under these Terms.

Confidentiality obligations do not apply to information that: (i) is or becomes publicly available through no fault of the Receiving Party; (ii) was known to the Receiving Party prior to disclosure without restriction; (iii) is independently developed by the Receiving Party without reference to the Confidential Information; or (iv) must be disclosed by the Receiving Party pursuant to applicable law, court order, or governmental directive (provided that the Receiving Party gives reasonable prior notice where permitted by law).

Confidentiality obligations under this Section survive termination of these Terms for a period of three (3) years.

16. Changes to the Service and These Terms

16.1 Changes to the Service

We reserve the right to modify, update, enhance, suspend, or discontinue the Service or any part thereof at any time and for any reason, with or without notice, subject to providing reasonable advance notice where the change materially affects the core functionality of the Service. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

16.2 Changes to These Terms

We may amend or update these Terms at any time. Where changes are material, we will notify you by email to the address associated with your account at least 14 days prior to the effective date of the changes. Non-material changes (such as clarifications or corrections) may be made without advance notice. The current version of these Terms will always be available at trackmate.io/terms. Your continued use of the Service after the effective date of any change constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must cease use of the Service prior to the effective date.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms and any dispute, controversy, or claim arising out of or in connection with them, or the breach, termination, or invalidity thereof, shall be governed by and construed in accordance with the laws of the Netherlands, excluding its conflict of law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

17.2 Mandatory Negotiation

Before initiating any formal legal proceedings, the parties agree to attempt to resolve any dispute by good-faith negotiation between senior representatives of each party for a period of not less than 30 calendar days following written notice of the dispute by the complaining party.

17.3 Jurisdiction

If the dispute is not resolved through negotiation within the period specified in Section 17.2, it shall be submitted to the exclusive jurisdiction of the competent courts of the District of Overijssel (Rechtbank Overijssel), the Netherlands. We retain the right to seek urgent injunctive or other interim relief in any court of competent jurisdiction without prior negotiation.

17.4 EU Consumer and Business Rights

For Customers located in EU member states: nothing in these Terms limits any rights you may have under mandatory EU consumer protection legislation or applicable national mandatory law that cannot be excluded by agreement. This includes, without limitation, any rights arising under Directive 2019/770/EU on digital content and digital services, to the extent applicable to the business-to-business relationship.

18. Force Majeure

Neither party shall be liable to the other for any delay in or failure to perform any of its obligations under these Terms where such delay or failure results from a cause beyond that party's reasonable control, including without limitation: acts of God, natural disasters, fires, floods, earthquakes, pandemics or epidemics, war, terrorism, civil unrest, governmental or regulatory actions or sanctions, embargoes, internet infrastructure failures or outages, distributed denial-of-service attacks or other cyberattacks, failure of third-party hosting or cloud infrastructure, or actions or omissions of third-party platform providers.

The party affected by a force majeure event shall notify the other party promptly of the nature and likely duration of the event and shall use reasonable endeavors to mitigate its effect. If the force majeure event continues for more than 60 days, either party may terminate the affected portion of the Service by written notice, with a pro-rata refund of any prepaid fees for the affected period.

19. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and any applicable order forms or subscription confirmations, constitute the entire agreement between the parties with respect to the Service and supersede all prior negotiations, representations, warranties, and agreements relating to the same subject matter.
• Order of Precedence: In the event of any conflict between these Terms and any other document incorporated herein, these Terms shall prevail unless the other document expressly states otherwise.
• Severability: If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions, which shall continue in full force and effect.
• Waiver: No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. A waiver of any breach or default is not a waiver of any subsequent breach or default.
• Assignment: You may not assign, transfer, novate, or otherwise deal with any of your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations under these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
• No Partnership: Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties. Neither party has authority to bind the other.
• No Third-Party Beneficiaries: These Terms are for the sole benefit of the parties and do not confer any rights or benefits on any third party.
• Language: These Terms are drafted in the English language. In the event of any inconsistency between any translation and the English version, the English version shall prevail.
• Electronic Communications: You consent to receive communications from us in electronic form. Electronic communications satisfy any legal requirement that communications be in writing.
• Notices: All legal notices under these Terms must be in writing and delivered by email (with confirmation of receipt) or by registered post to the applicable contact addresses. Notices are effective upon confirmed receipt.

20. Contact and Legal Entity Details

For questions regarding these Terms, or to provide legal notice as required herein, please contact us at: