Terms of Service
Acceptance of terms
1.1Agreement to these terms
These Terms of Service (“Terms”) govern use of Tracker and related services (the “Services”) operated by Marketing Planet (“Tracker,” “Marketing Planet,” “we,” “our,” or “us”). By creating an account, accessing the panel, or using any part of the Services, you agree to these Terms. If you do not agree, you must not use the Services.
Our Privacy Policy explains how we collect and use personal data and is incorporated by reference.
1.2The Services
Tracker provides website monitoring and related tooling, which may include uptime checks, sitemap and robots checks, page crawls, Website Health signals, findings, alerts (email, Telegram, and other channels where enabled), project collaboration, billing, and support tickets.
We may add, change, or discontinue features, check types, locations, or plan limits with reasonable notice where a change materially reduces paid entitlements mid-period. Plan catalogues and resolved limits are enforced server-side; client-side displays are not a guarantee of allowance.
1.3Using Tracker for an organisation
If you use Tracker on behalf of an organisation, you confirm you have authority to bind that organisation to these Terms. Staff roles on the platform are assigned by Marketing Planet; they are not self-serve customer privileges.
Account registration & security
2.1Account information
You must provide accurate registration information and keep it current. You must keep credentials secure.
2.2Two-factor authentication
We may require email verification, two-factor authentication, or other security steps before granting or continuing access. Where two-factor authentication is available, you are responsible for enabling it where appropriate and for safekeeping recovery codes.
2.3Responsibility for account activity
You are responsible for activity under your account, including activity by team members you invite. Report unauthorised access promptly through our contact channels.
Subscription plans & billing
3.1Self-serve plans
Subscription fees and plan limits are as shown on our pricing page, checkout, or order confirmation (including sales-issued invoices for Enterprise or custom deals). Plan limits apply as resolved server-side.
3.2Payment processing
Paid plans are billed in advance unless otherwise agreed. Taxes are your responsibility where applicable. Failed payments may place the subscription past due, restrict features, or lock the account to billing and profile flows per our billing policies.
3.3Cancellation
Cancelling typically sets cancellation at period end. You keep paid access until the end of the paid period; afterwards the account may snap to Free limits (extra projects/pages may pause). Data retention then follows the applicable plan window.
3.4Refunds
Fees are generally non-refundable except where required by law or where we confirm a material service failure attributable to Tracker (not to third parties or target sites). Approved remedies may be service credits unless law requires otherwise.
Acceptable use
4.1Permitted monitoring
You may only monitor sites and URLs you are authorised to test. You are responsible for complying with those sites’ terms and applicable law. You retain ownership of project settings, URLs, page lists, and content you upload (for example ticket attachments or CMS assets), subject to these Terms and our security rules. You grant Marketing Planet a limited, non-exclusive licence to fetch the URLs you configure, process check results, store findings and samples as needed to deliver the Services, and send alerts you enable.
4.2Prohibited activities
You agree to use the Services only for lawful purposes. You must not:
- Attempt unauthorised access to systems, accounts, data, or non-public network ranges (including SSRF-style targeting of internal or metadata endpoints).
- Interfere with or disrupt the integrity, performance, or security of the Services.
- Upload malware, or content that is unlawful, harassing, or that infringes others’ rights.
- Circumvent plan limits, rate limits, authentication, CSRF protections, or billing controls.
- Share login credentials in a way that violates our security model, or rebroadcast integration secrets.
- Use the Services to violate any law or third-party right, including privacy and computer misuse laws.
- Reverse engineer, scrape our panel, or resell the Services except as we expressly allow in writing. Tracker’s software, UI, scoring logic, documentation, and branding remain Marketing Planet property.
We may suspend or terminate access for violations, with or without prior notice when we reasonably believe urgent action is required to protect the platform or others.
Data retention & deletion
5.1Retention by plan
After cancellation or a snap to Free limits, data retention follows the applicable plan window. How long uptime history, technical findings, and related records are kept is described in our Privacy Policy.
5.2Deleting your data
You should export any data you need while access remains. You may delete projects, pages, and related history from the panel where those controls are available.
5.3After account closure
Upon termination or Free snap-back, access to paid features ends according to plan rules. We may delete or anonymise project and account data after retention windows described in the Privacy Policy.
Third-party integrations & data sharing
6.1Third-party services
Tracker may integrate with third parties such as PayPal (payments), email providers, Telegram, Google services where connected, optional WordPress agent reporting, notification channels you configure, and optional customer SMTP or customer-provided AI keys where your plan allows. Those services have their own terms and privacy policies. We are not responsible for outages, API changes, or data handling by those providers beyond our contractual relationship with them.
Service availability & disclaimers
7.1Best-effort monitoring
The Services are provided “as is” and “as available” without warranty of any kind, unless a specific service level agreement is stated in writing.
7.2No guarantee of detection
Tracker findings and Website Health scores are informational. They are not a guarantee of security, uptime, SEO ranking, or legal compliance of any site. Tracker may not detect every outage, expiry, or issue, and is not a substitute for your own procedures.
Limitation of liability
8.1Limits on liability
- We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law.
- We are not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, data, or goodwill.
- Our total liability for any claim arising from these Terms or the Services is limited to the fees you paid to Marketing Planet for Tracker in the twelve (12) months before the claim.
- Some jurisdictions do not allow certain limitations; there, our liability is limited to the maximum extent permitted by law.
Termination
9.1Termination by you
Either party may end the paid relationship as described in the billing section. You can cancel from your account and stop using the Services.
9.2Termination by Marketing Planet
We may suspend or terminate immediately if:
- Fees remain unpaid after any applicable grace period and notice.
- You misuse the Services or materially breach these Terms.
- You engage in unlawful, fraudulent, or abusive activity.
Changes to these terms
10.1How changes are made
We may update these Terms by posting a new version on this page and updating the “Last updated” date. For material changes we will give reasonable advance notice (typically at least 14 days) by email or in-product notice where required.
Continued use after the effective date constitutes acceptance. If you disagree, stop using the Services and cancel before the change takes effect.
Governing law & contact information
11.1Governing law
These Terms are governed by the laws of the Province of British Columbia, Canada, without regard to conflict-of-law rules, subject to mandatory consumer protections that apply in your jurisdiction.
Disputes should first go through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Vancouver, British Columbia, unless applicable law requires otherwise.
11.2Contact
Questions about these Terms:
703 – 1600 Hornby Street
Vancouver, BC, Canada
V6Z 2S4