Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and DAX CAPITAL LLC, a limited liability company organized under the laws of the State of Wyoming, United States ("TrackAtlas", "we", "us"). They govern your access to and use of the TrackAtlas service, including the trackatlas.io websites, dashboard, APIs, pixels, scripts and related software (together, the "Service").

By creating an account, installing the Service, or using it in any way, you accept these Terms on behalf of the business you represent. If you do not agree, do not use the Service.

1. The Service

TrackAtlas provides server-side conversion tracking and attribution reporting for e-commerce stores. The Service captures commerce events (such as page views, add-to-carts, checkouts and purchases), records them for attribution reporting, and delivers conversion events to the third-party advertising platforms you connect, such as Meta, Google Ads and Pinterest ("Ad Platforms").

TrackAtlas Insights, an optional add-on, lets you connect an AI assistant of your choice (such as Claude or ChatGPT) that can read your TrackAtlas reports on your request. It is read only and runs on your own account with that assistant's provider.

The Service is provided for business use only. You represent that you are using it in the course of a trade or business and not as a consumer.

2. Your account

You must provide accurate account and billing information and keep it up to date. You are responsible for safeguarding your credentials, for all activity under your account, and for the actions of any team members you invite. Notify us promptly of any unauthorized use.

We may refuse, suspend or terminate accounts that violate these Terms, present a security or legal risk, or abuse the Service or our staff.

3. Subscriptions, trial and billing

Trial. New accounts may start with a free trial as described on our pricing page. A payment method and eligibility check are required to begin a trial. The trial exists so you can fully evaluate the Service before paying.

Fees. After the trial, the Service is billed as a subscription, monthly, quarterly or annually, at the plan and price you select. Plans are tiered by monthly order volume. Automatic billing includes plan upgrades and any additional-order charges available under your catalog, as described below and before subscription confirmation. Prices are stated on the pricing page and may change; changes apply from your next billing cycle after reasonable notice.

Payment. Fees are charged automatically to your payment method through our payment processor at the start of each billing period. You authorize recurring charges until you cancel. Fees are exclusive of taxes; you are responsible for any applicable taxes other than taxes on our income.

Changing plan. You may change plan at any time from the dashboard. For prepaid subscriptions, a paid plan or billing-frequency change takes effect at the renewal of the base subscription. You keep the plan already paid for until then; no refund or credit is issued for the change. Trial changes keep the original trial end date. You may cancel a pending change before it takes effect.

Automatic upgrades and additional orders. By confirming a subscription under automatic billing, you authorize Starter to move to Business and Business to Scale-up when the monthly order allowance is reached. The price difference for the remaining paid period is charged immediately; the renewal date is preserved and the subscription renews at the new plan's price. Orders already counted remain within the new allowance, without an additional-order charge for the same orders.Above Scale-up's 7,000 orders, capacity is charged automatically in packs of 100at up to $20.00 per pack. The first 1,500 extra orders are capped at $100.00. Packs apply only to the current usage month and expire even if unused. Higher capacity becomes available after payment succeeds. Automatic charges pause during trials, pending scheduled changes or cancellation, or unresolved payment issues. Tracking pauses without paid coverage or capacity. Eligible events are retained for up to 48 hours while payment is resolved, with a limit of 10,000 queued events per account. Expired events are not delivered. A failed additional payment does not revoke an annual base already paid for.

Add-ons. TrackAtlas Insights is billed as its own monthly subscription, at the price shown in the dashboard when you add it (currently $19 per month, exclusive of taxes). It is charged when you add it and on the same day each month after that, and requires an active TrackAtlas plan. You may cancel it at any time from the dashboard; it stays active until the end of the month already paid for. It ends automatically, without a refund, when your plan subscription ends. Discounts and coupons for plans do not apply to add-ons.

Existing contracts. Customers on a previous billing policy retain their original Stripe account, currency, complete price catalog (including plan changes), additional-order charges and change rules shown in their billing settings until a separately communicated transition. No transition applies charges retroactively or charges the same usage under both policies.

Cancellation. You may cancel at any time from the dashboard. Cancellation takes effect at the end of the current billing period; you retain access until then.

4. No refunds

All fees are non-refundable. This includes, without limitation, partial billing periods, unused time after cancellation, downgrades, unused order volume, and annual plans cancelled before the end of their term. The free trial is provided so that you can evaluate the Service before any payment is due, and you accept this no-refund policy as a condition of purchase. Nothing in this section limits rights that cannot be excluded under applicable law.

5. Acceptable use

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and with the policies of the platforms you connect (including Shopify, WooCommerce, Funnelish, CartCore and the Ad Platforms). You will not:

• send data to the Service that you do not have the legal right to collect and share;
• use the Service to track individuals unlawfully or to process data of children;
• attempt to probe, breach, overload, reverse engineer or disrupt the Service;
• resell, sublicense or provide the Service to third parties except for stores you operate or manage with authorization;
• misrepresent event data, inject fabricated events, or use the Service to defraud any Ad Platform.

We may suspend the Service immediately where we reasonably believe continued operation would harm the Service, other customers, an Ad Platform relationship, or violate law.

6. Your data responsibilities

As between you and TrackAtlas, you are the data controller of the personal data of your store's visitors and customers ("Shopper Data"), and TrackAtlas processes Shopper Data as your processor and service provider, on your instructions, to provide the Service.

You are solely responsible for:

• maintaining a lawful privacy policy on your store that discloses your use of tracking and advertising technologies;
• obtaining and honoring any consents required by applicable law (including GDPR and ePrivacy rules) for the collection of Shopper Data and its transmission to Ad Platforms;
• configuring the Service (including which pixels and platforms are enabled) in accordance with your legal obligations;
• responding to privacy requests from your shoppers.

You instruct us to collect and transmit Shopper Data to the Ad Platforms you have connected. We act on that instruction and are not responsible for verifying that you have the necessary legal basis.

7. Metrics, attribution and third-party platforms

The Service reports events and attribution based on the signals technically available to it. You acknowledge and agree that:

• attribution is inherently probabilistic and methodology-dependent; numbers reported by TrackAtlas may differ from those reported by Shopify, WooCommerce, Funnelish, CartCore, the Ad Platforms, or any other analytics tool, and such differences are not a defect;
• TrackAtlas counts orders when they are created in your store, regardless of later payment, cancellation or refund status, unless stated otherwise in the product;
• Ad Platforms decide independently how they receive, deduplicate, model and report conversions; we do not control and are not responsible for their reporting, their modeled or estimated figures, ad delivery, ad spend or advertising outcomes;
• the Service depends on third-party services (including Shopify, WooCommerce, Funnelish, CartCore, the Ad Platforms, hosting and network providers); their changes, outages or policy decisions may affect the Service and are outside our control;
• no statement by us is a guarantee of advertising performance, return on ad spend, or revenue.

AI assistants. When you connect an AI assistant through TrackAtlas Insights, you instruct us to make your report data available to it, and its provider (such as Anthropic or OpenAI) is a third party under your own agreement with them. We are not responsible for that provider's handling of the data, its availability, or the answers the assistant generates. Assistants can misread, round or invent figures: check important numbers in your TrackAtlas dashboard before acting on them. Campaign names and UTM values in your reports may be set by third parties and are data, not instructions.

8. Intellectual property

The Service, including all software, scripts, designs and documentation, is owned by DAX CAPITAL LLC and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your stores during your subscription. You may not copy, modify, distribute or create derivative works from the Service except as permitted by law. Feedback you provide may be used by us without obligation.

You retain all rights to your data. You grant us the license needed to host, process and transmit it to operate the Service, and to use aggregated, de-identified data to operate, benchmark and improve the Service.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR THAT ALL EVENTS WILL BE CAPTURED OR DELIVERED.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL OR ADVERTISING OUTCOMES, EVEN IF ADVISED OF THE POSSIBILITY; AND (b) OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE IS LIMITED TO THE FEES YOU PAID TO US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You will defend and indemnify DAX CAPITAL LLC and its officers, employees and agents against claims, damages and costs (including reasonable attorneys' fees) arising from: (a) Shopper Data or your failure to obtain required consents or disclosures; (b) your violation of these Terms or of applicable law; or (c) your violation of any Ad Platform or store platform policy.

12. Termination

You may stop using the Service and cancel at any time. We may suspend or terminate the Service for material breach, non-payment, legal risk, or discontinuation of the product (with reasonable notice for discontinuation). Upon termination your license ends and we may delete your data after a reasonable wind-down period. Sections that by their nature should survive (including 4, 7 to 11, 13 and 14) survive termination. Termination does not entitle you to any refund.

13. Governing law and disputes

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws rules. The parties will first attempt to resolve any dispute informally by contacting us. Any dispute not resolved informally shall be resolved by binding arbitration on an individual basis under the rules of the American Arbitration Association, seated in Wyoming; either party may instead bring an individual claim in small-claims court. YOU AND TRACKATLAS EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. Where arbitration is not enforceable, the state and federal courts located in Wyoming shall have exclusive jurisdiction.

14. General

We may update these Terms; material changes will be notified through the Service or by email, and continued use after the effective date constitutes acceptance. If a provision is unenforceable, the rest remains in effect. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy and any order or plan you select, are the entire agreement. Neither party is liable for delays caused by events beyond its reasonable control.

15. Contact

DAX CAPITAL LLC, operating TrackAtlas. Questions about these Terms: through the help center at trackatlas.io/help or your account contact.