CompanyTrack - Terms of Service

1. Agreement

1.1. This document outlines the terms and conditions ("Agreement") governing your access to and use of the CompanyTrack website, business intelligence platform, data, reports, tools, and related services (collectively, the "Services").

1.2. This Agreement is between you, the user or entity accessing the Services ("Customer," "You," "Your"), and Team Dimensions Ltd (Company No. 08348964), trading as CompanyTrack ("CompanyTrack," "We," "Us," "Our"), a company registered in England and Wales, with its registered office at 10 York Rd, London, SE1 7ND, United Kingdom.

1.3. By accessing, registering for, or using the Services in any manner, you acknowledge that you have read, understood, and agree to be bound by all the terms and conditions contained in this Agreement and our Privacy Policy, which is incorporated herein by reference. If you do not agree to this Agreement, you must cease use of the Services immediately.

1.4. CompanyTrack reserves the right to update, modify, or replace this Agreement at its sole discretion at any time. We will indicate changes by updating the "Effective Date" at the top of this Agreement. We encourage you to periodically review this Agreement for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. Significant changes may also be communicated via email or through the Services interface.

2. Use of the Services

2.1. Registration: To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2. Account Security: You are responsible for safeguarding your account password and for any activities or actions under your account. You agree to notify CompanyTrack immediately of any unauthorized use of your account. CompanyTrack cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.

2.3. Permitted Use: You agree to access and use the Services only for lawful purposes and in accordance with this Agreement, applicable laws and regulations (including, but not limited to, data protection laws like the UK GDPR), and generally accepted practices in your jurisdiction. The Services are intended for internal business intelligence, market analysis, and competitor tracking purposes.

2.4. Restrictions on Use: You agree not to:

• (a) Access the Services through any automated means (such as scripts, bots, scrapers, or crawlers), except for standard search engine indexing permitted by our robots.txt file.
• (b) Engage in any activity that interferes with, disrupts, damages, or imposes an unreasonable load on the Services or the servers and networks connected to the Services.
• (c) Attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Services or their underlying content in any form or media or by any means, except as expressly permitted under this Agreement.
• (d) Attempt to reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of the Services.
• (e) Access all or any part of the Services in order to build a product or service which competes with the Services.
• (f) Resell, sublicense, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or make the Services available to any third party except the authorized users under your account.
• (g) Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any illegal activity, or any activity that violates this Agreement.
• (h) Use the Services to transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

3. Payments, Subscriptions, and Refunds

3.1. Fees: Access to certain features of the Services may require payment of fees, either on a pay-as-you-go basis or through subscription plans ("Fees"). You agree to pay all applicable Fees as described on our website or otherwise communicated to you.

3.2. Payment Processing: All payments made to CompanyTrack are processed by secure third-party payment processors (e.g., Stripe, PayPal, WorldPay). You agree to provide accurate payment information and authorize us (or our third-party processor) to charge your chosen payment method for the Fees.

3.3. Subscriptions: If you purchase a subscription, it will automatically renew for successive periods, either monthly or annually, unless you cancel your subscription before the end of the current billing cycle through your account settings or by contacting us. You authorize us to charge the applicable subscription Fees for each renewal period.

3.4. Taxes: All Fees are exclusive of applicable taxes (such as VAT), which will be added to your invoice where required by law. You are responsible for paying all such taxes.

3.5. Processing Time: While we strive to process payments and activate services promptly, we cannot guarantee immediate processing due to potential technical issues or unforeseen circumstances. Most payments are processed within minutes.

3.6. Refunds: Except when required by law, all Fees are non-refundable. Refunds, if any, are processed solely at CompanyTrack's discretion. If a refund is requested, CompanyTrack reserves the right to refuse the request but may provide a reason for the refusal upon request. No refunds will be issued for partial subscription periods or unused services.

4. Intellectual Property Rights

4.1. The Services and all associated content, including but not limited to text, graphics, logos, icons, images, data compilations, software, and the underlying technology, are the property of CompanyTrack or its licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2. CompanyTrack grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes in accordance with this Agreement.

4.3. You retain ownership of any data you specifically upload or input into the Services ("Customer Data"), but you grant CompanyTrack a worldwide, royalty-free license to use, process, and display Customer Data solely as necessary to provide and improve the Services.

4.4. You shall not use CompanyTrack's trademarks, logos, or service marks without our prior written consent.

5. Data Privacy

5.1. Your use of the Services is subject to our Privacy Policy, which details how we collect, use, and protect your Personal Data. By using the Services, you consent to such processing as described in the Privacy Policy.

5.2. If you sign into CompanyTrack using Google Sign-In, we may collect information from your Google account, such as your name, email address, and profile picture. This data is used to manage your account and personalize your experience. We do not access or store additional Google data (such as your Gmail, Google Drive, or calendar data) unless explicitly stated and authorized by you.

6. Confidentiality

6.1. "Confidential Information" means any non-public information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Our Confidential Information includes the Services, its features, pricing, and performance information. Your Confidential Information includes your Customer Data.

6.2. Each party agrees to protect the other's Confidential Information with the same degree of care that it uses to protect its own confidential information (but not less than reasonable care) and not to use or disclose such Confidential Information except as necessary to perform its obligations under this Agreement or as required by law.

7. Term and Termination

7.1. Term: This Agreement commences on the date you first accept it and continues until terminated by either party as set forth below. For subscription-based Services, the initial term is specified in your order, renewing automatically as described in Section 3.3 unless cancelled.

7.2. Termination by You: You may terminate this Agreement by cancelling your subscription and ceasing all use of the Services. Cancellation instructions can typically be found in your account settings or by contacting support. Termination does not entitle you to a refund unless required by law or granted at our sole discretion.

7.3. Termination by CompanyTrack: We reserve the right to suspend or terminate your access to the Services with immediate effect, without prior notice or liability, if:

• (a) You fail to pay any undisputed Fees due by the due date.
• (b) You commit a material breach of any term of this Agreement.
• (c) Your use of the Services poses a security risk, violates the law, or negatively impacts the Services or other users.
• (d) Required by law or due to unforeseen technical or security issues.

7.4. Effect of Termination: Upon termination, your right to access and use the Services will immediately cease. Any Fees owed prior to termination remain payable. Provisions intended to survive termination (including, but not limited to, Sections 4, 6, 7.4, 8, 9, 10, 11, and 12) shall survive.

8. Disclaimer of Warranties

8.1. THE SERVICES, INCLUDING ALL DATA, CONTENT, AND INFORMATION PROVIDED THEREIN, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANYTRACK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.

8.2. COMPANYTRACK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DATA PROVIDED WILL BE ACCURATE, RELIABLE, OR CURRENT. YOU ACKNOWLEDGE THAT BUSINESS INTELLIGENCE DATA CAN BE SUBJECT TO ERRORS, OMISSIONS, AND DELAYS, AND YOU USE THE SERVICES AT YOUR OWN RISK.

9. Data Accuracy Disclaimer

9.1. NO WARRANTY OF ACCURACY: COMPANYTRACK EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, RELIABILITY, CURRENCY, OR NON-INFRINGEMENT OF ANY DATA OR INFORMATION PROVIDED THROUGH THE SERVICES. ALL DATA IS PROVIDED STRICTLY ON AN "AS IS" BASIS.

9.2. THIRD-PARTY SOURCES: THE DATA AND INFORMATION AVAILABLE THROUGH THE SERVICES IS COMPILED FROM VARIOUS THIRD-PARTY SOURCES WHICH MAY CONTAIN ERRORS, OMISSIONS, OR OUTDATED INFORMATION. COMPANYTRACK DOES NOT INDEPENDENTLY VERIFY OR VALIDATE THIS INFORMATION AND MAKES NO GUARANTEES ABOUT ITS ACCURACY.

9.3. USE AT YOUR OWN RISK: YOU ACKNOWLEDGE AND AGREE THAT YOU USE ANY DATA OR INFORMATION OBTAINED THROUGH THE SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS, ACTIONS, OR INACTIONS THAT YOU TAKE BASED ON THE DATA PROVIDED BY COMPANYTRACK.

9.4. NO LIABILITY FOR DECISIONS: COMPANYTRACK SHALL NOT BE LIABLE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE UPON THE DATA PROVIDED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO BUSINESS, INVESTMENT, FINANCIAL, OR LEGAL DECISIONS.

10. Limitation of Liability

9.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANYTRACK, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

9.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANYTRACK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE TOTAL FEES PAID BY YOU TO COMPANYTRACK UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9.3. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANYTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

10. Indemnification

10.1. You agree to defend, indemnify, and hold harmless CompanyTrack, its affiliates, licensors, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any intellectual property or privacy right; or (d) any claim that your Customer Data caused damage to a third party.

11. Governing Law and Dispute Resolution

11.1. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

11.2. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

12. General Provisions

12.1. Entire Agreement: This Agreement, together with the Privacy Policy and any other documents referenced herein, constitutes the entire agreement between you and CompanyTrack concerning the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic).

12.2. Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

12.3. Waiver: The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

12.4. Notices: All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Notices to CompanyTrack should be sent to the contact address in Section 13. Notices to you may be sent to the email address associated with your account.

12.5. Assignment: This Agreement is not assignable, transferable, or sublicensable by you except with CompanyTrack's prior written consent. CompanyTrack may transfer and assign any of its rights and obligations under this Agreement without consent.

12.6. Relationship: No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect.

13. Contact Information

If you have any questions about these Terms of Service, please contact us at:

• Email: [email protected]
• Company: Team Dimensions Ltd (Company No. 08348964), trading as CompanyTrack
• Address: 10 York Rd, London, SE1 7ND, United Kingdom