Terms and conditions

Created on 27 June, 2023 | 3,058 views | 22 minutes read

We have taken great care to create conditions that are clear, transparent and that allow you to know everything that affects your purchase of your OVERTRACKING license, so we ask you, before hiring the service or product you have chosen, to read these conditions carefully and understand them. If you have any questions, please contact us at info@overtracking.com .

The person who accesses the Web in order to contract the licenses available on the Web, (hereinafter, the Client), assures that he/she has the legal capacity to do so.

These general conditions have been prepared in accordance with the provisions of Law 34/2002 on Information Society Services and Electronic Commerce, Law 7/1998 on General Contracting Conditions, Royal Legislative Decree 1/2007, of November 16, which approves the revised text of the General Law for the Defense of Consumers and Users and any other applicable provisions.

Minor warnings

We do not knowingly collect personal information from children under the age of 18.

Our licenses are available only to persons over 18 years of age.

Responsible

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• Legal responsibility: FUELED BY SMART WORK S.L.
• Trade Name: OVERTRACKING
• NIF/DNI: B10640316
• Address: C/ Orfila 7, 2nd Floor, 28010, Madrid.
• Email: info@overtracking.com

Object

These terms and conditions set forth the terms and conditions applicable to the subscription and use of our analytical tool based on the Software as a Service (SaaS) model. By subscribing and using our tool, the user agrees to comply with these terms and conditions.

The purpose of the agreement is to grant the subscriber a non-exclusive, non-transferable, limited license to access and use our analytical tool during the subscription period.

Description of the tool and functionalities

OVERTRACKING.COM offers licenses for the use of the analytical tool through its website OVERTRACKING.COM.

The tool is offered as a cloud service based on the Software as a Service (SaaS) model. This means that users can access and use the tool over the Internet without having to install additional software on their own servers.

The purpose of the web analytics tool is to provide users with the data they need to understand their website’s performance and make data-driven decisions to improve the user experience and optimize online results.

It allows you to offer tracking options with and without cookies, but ensuring that the privacy of visitors is respected and that the relevant data protection regulations and policies are complied with.

The SaaS traffic and user behavior analysis tool offers an easy-to-use, privacy-friendly and feature-rich solution:

User registration: Users can create an account and access the analytical tool. This allows them to use tracking and analysis functionalities on their website.

Tracking code: A tracking code is provided that users can install on your website. This code collects data relevant to the analysis of contracting conditions.

Lightweight” option:

Users can choose the “lightweight” option, which does not use cookies and records only web traffic. This option allows basic tracking without collecting personal or identifiable information.

Option “advanced”:

The tool offers an “advanced” option. This option uses cookies to record events such as user behavior on the website, including events such as clicks, form fills and screen recording in an anonymous form.

Screen recording: In “advanced” mode, the user’s screen is anonymously recorded while browsing the website. This provides a detailed view of how users interact with the tool and the terms of engagement.

Heatmaps: The “advanced” mode also generates heatmaps showing the most viewed areas of a specific user-defined URL on your website. These visually intuitive heat maps help identify areas of greatest interest and focus.

Real-time analysis: The tool provides up-to-date information on online visitors in real time. Users can instantly see how many users are currently browsing your site and get instant updates. This is especially useful for real-time tracking of special events, marketing campaigns or promotional actions.

Session recording: The tool allows you to record and store visitor sessions on the website. Users can replay recorded sessions and see exactly what visitors did on your website. This includes actions such as clicks, scrolling, form filling and any other interaction performed during the session. Session recording is a valuable qualitative research tool, as it allows users to gain direct insight into how visitors interact with the website.

Anonymity and privacy:

In both the “lightweight” and “advanced” modes, the anonymity and privacy of users is guaranteed. The screen recording and data collected is anonymized and not linked to personally identifiable information.

The tool complies with current privacy and data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union. Appropriate practices and safeguards are implemented to ensure regulatory compliance and user privacy.

Detailed reports:

The tool provides detailed reports based on the data collected. These reports show web traffic, logged events, screen recordings and heat maps, allowing for a deeper understanding of user behavior.

Details of the analytical tool as well as technical specifications are available on our sales page.

How to purchase OVERTRACKING licenses

As a condition for placing any order, the user must contact OVERTRACKING.COM through its sales page and provide the corresponding information required for the acquisition of the products or services available on this website.

The information provided must be accurate, complete and up-to-date at all times. Failure to do so constitutes a violation of the terms, which may result in the dissolution of the contract with OVERTRACKING.

In order to acquire the licenses, the user must follow these steps:

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2. Free registration:

The user interested in the tool registers for free on the OVERTRACKING website. During registration, you provide your basic information, such as name, e-mail address and password.

Once registered, the user has two options. You can choose to use a 7-day free trial period on the tool’s premium plan, allowing you to explore all available functionalities and features. Alternatively, the user may choose to pay directly and skip the trial period.

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2. Plan selection:

The tool has 3 types of licenses: Free-More and Business (premium).

If the user chooses the free trial option, he/she has full access to the Business Plan for 7 days. During this time, you can evaluate the tool and decide whether you want to continue with the premium plan or switch to a lower paying plan. If the user chooses to pay directly, he can select the plan that best suits his needs from the beginning.

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2. Filling in billing information: To access the payment plan or confirm the selected plan, the user fills in the billing information. This includes information such as company name, address, credit card number and any other details necessary to generate the invoice and process payment.
3. Stripe payment: The supplier uses the Stripe payment system to process the transaction. The user enters his credit card details securely in the payment form. Once the details are completed and submitted, Stripe processes the payment securely and reliably.
4. Automatic invoice generation: After the payment is made, an invoice is automatically generated including all transaction details and billing data provided by the user. This invoice will be available for download from your account on the tool’s website.
5. Access to the contracted plan: Once the payment has been completed and the invoice has been generated, the user has immediate access to the contracted plan. You can log in to your account and start using all the functionalities and features included in the selected plan.

By purchasing the license, the customer is responsible for maintaining the confidentiality of your login credentials and for taking the necessary measures to ensure the security of your account. You should not share your login credentials with third parties or allow others to access your account without authorization.

Updates

We periodically perform updates that include corrections, changes and functionality improvements. OVERTRACKING licenses entitle you to get the updates included during that current version.

Duration of subscription:

The subscription has a fixed duration, which may vary according to the subscription plan chosen by the user: monthly or yearly. At the end of the subscription period, it will be automatically renewed for equal periods, unless the subscriber requests the cancellation of the subscription in accordance with the conditions set forth in this contract.

OVERTRACKING will set up an automated system to send renewal notifications by email with a reminder to be sent to the user three days before their plan reaches its end date.

Legal guarantees (provision of digital content or services)

Royal Decree 7/2021, dated April 27, 2021, has transposed two European Union directives on consumer contracts. These directives are as follows:

(i) Directive (EU) 2019/770, which relates to certain aspects of contracts for the supply of digital content and services such as those supplied by OVERTRACKING. This directive establishes rules to protect consumer rights in relation to contracts for the supply of digital content, such as music, movies, software, games, etc., and contracts for digital services, such as cloud storage services, social networks, email services, etc.

(ii) Directive (EU) 2019/771, which relates to certain aspects of contracts for the sale of goods. This directive establishes rules to protect the rights of consumers in relation to contracts for the sale of goods, ensuring that the goods purchased meet the expected standards of quality, safety and performance.

In compliance with the regulations, in the event of any lack of conformity at the time of the supply of digital content or services, whether it is an instantaneous or continuous supply, OVERTRACKING shall be liable for any lack of conformity that may arise. within a period of two years from the time of delivery, which shall be deemed to have taken place on the day shown on the invoice or sales receipt, or on the delivery note if this is later;

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• In the case of a sale and purchase of goods with digital elements in which a continuous supply period equal to or less than three years is provided for, the period of liability shall be three years from the time of delivery of the product;
• By a simple declaration, the consumer may require OVERTRACKING to remedy the lack of conformity, reduce the price or terminate the contract.

Under the regulations, any lack of conformity that manifests itself within one year of the supply of the digital content or service is presumed to have existed at the time the content or service was supplied, whether in a single act or in a series of individual acts.

In the event that a conformance check is to be carried out, the following conditions shall apply:

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• Bringing into conformity shall be free of charge for the consumer.
• It must be carried out within a reasonable time and without causing major inconvenience to the consumer, taking into account the specific circumstances of the case.

The consumer has the right to demand either a price reduction or termination of the contract.

In the case of opting for a price reduction, this will be proportional to the difference between the value of the digital content or service provided by OVERTRACKING and the value of the digital content or service that has been provided by OVERTRACKING. This price adjustment seeks to compensate the consumer for the lack of conformity of the digital content or service provided.

We are committed to complying with legal requirements and ensuring customer satisfaction. If you have any concerns related to the compliance of our digital content or service, we invite you to contact us to seek an appropriate solution.For contracts to supply for a period of time in exchange for a price, the reduction will apply to the period of time during which the digital content or services have not been compliant.

The resolution does not proceed when the lack of conformity is of minor importance.

The consumer may choose these options when the remedy has not been possible due to the following causes:

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• Remediation is impossible or disproportionate;
• OVERTRACKING has not brought the goods into conformity;
• When a new non-conformity appears after the attempt d OVERTRACKING to bring the digital content or services into conformity;
• Non-conformity is so serious that it justifies termination or reduction of the price.

OVERTRACKING will carry out the following actions:

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• It shall reimburse the consumer for all amounts paid under the contract;
• It will comply with data protection regulations;
• You will not use the content provided or created.

For its part, the consumer:

In compliance with applicable regulations, the consumer or user agrees not to use the digital content provided by OVERTRACKING or make it available to third parties without prior authorization. In the event that the digital contents have been supplied on a material medium, the consumer or user shall, at the request and expense of OVERTRACKING, return such material medium without undue delay.

It is important to note that, during the period prior to the termination of the contract due to the lack of conformity of the digital content or services supplied, no payment may be demanded from the consumer or user for the use made of such digital content or services, provided that they have not met the required conformity standards.

Exclusion of liability

The USER, when contracting any of the OVERTRACKING licenses offered by FUELED BY SMART WORK SL acts under his own responsibility and is also responsible against with the previous knowledge and adequate support to use our tool.

The use of the web analytics tool is done under the sole responsibility of the user. OVERTRACKING shall not be liable for any damage, loss or consequence arising from improper, negligent or unauthorized use of the tool by the user.

While OVERTRACKING strives to provide accurate and up-to-date data, no guarantee is made as to the accuracy or completeness of the data collected and presented by the tool. User acknowledges that data may be subject to errors, omissions or delays, and that OVERTRACKING assumes no responsibility for such errors, omissions or delays.

The customer explicitly agrees that the use of this website and its services is at the customer’s own risk. Neither OVERTRACKING.ES, its affiliates, nor any employee, agent, or distributor warrants that the site will be uninterrupted or error-free. Nor do they guarantee the results that may be obtained from the use of the website or its services and the digital content provided, the accuracy or reliability of the information, service or products provided through this website.

In no event shall OVERTRACKING, or any person or entity involved in creating, producing or distributing its services (affiliates) or the content included therein, be liable in contract, tort (including its own negligence) or under any other legal theory (including absolute liability) for any damages, including, without limitation, direct, indirect, incidental, special, punitive, consequential or similar damages, including, without limitation, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the website or training.

The disclaimer of liability also applies to any damage or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access, alteration or use of this website, whether for breach of contract, willful misconduct (including strict liability), negligence, or under any other legal cause of action.

Customer specifically acknowledges that OVERTRACKING is not responsible for the defamatory, offensive or illegal conduct of other users or third parties and that the risks of injury from the foregoing are entirely their own.

We specifically disclaim all liability for any actions resulting from your use of any of the Services. Each customer, may use and access the Services at its own discretion and risk, and is solely responsible for any damage to its computer system, business operations or loss of data resulting from use of and access to any Services.

If you post your Content on our servers for public sharing through the Services, we are not responsible for: (a) any loss, corruption or damage to your Content; (b) the removal of the Content by anyone other than Overtracking; or official distributor as OVERTRACKING (c) the inclusion of your Content by third parties on other websites or other media.

Media Modality and Reasonable Use

All OVERTRACKING services are subject to a fair use clause. The definition of fair use is determined by OVERTRACKING, in its sole and exclusive discretion. This implies that customers must use the services in accordance with the policies and terms established by OVERTRACKING.

In case OVERTRACKING considers that a customer is abusing the contracted service, they reserve the right to contact the customer to define the conditions of use in each specific case.

Our support team is available to assist you in case of technical difficulties or queries related to the use of the web analytics tool. However, abuse of the support service, such as making excessive or inappropriate inquiries or requests for assistance, may result in the suspension or cancellation of your license.

It is expressly forbidden the reproduction, modification, communication or distribution of the contents provided by OVERTRACKING to the client, both during the execution of the contracted service and afterwards. This includes the reproduction or publication of any professional reply provided by OVERTRACKING.

We reserve the right to suspend or terminate your license to the web analytics tool if it is determined that you have violated this fair use policy or any other applicable legal provision. In case of suspension or cancellation, no refund will be made for unused license time.

Languages

The language of the contents offered in the OVERTRACKING plans is Spanish.

Billing

After the user has made the payment, the tool will automatically generate an invoice containing all the details of the transaction and the billing data provided by the user. This invoice will be available for download from your account on the tool’s website can be downloaded from the user panel at the URL https://overtracking.com/account-payments.

Once the user logs in to their account, they will be able to access their billing history and download the corresponding invoice in digital format.

Prices

The prices of the products shown on Overtracking’s sales pages are expressed in Euros, unless otherwise indicated, and are guaranteed for the corresponding period of validity.

Taxes

All products and services are inclusive of VAT.

The VAT rate is 21%.

Prices of services may vary at any time. In such case, the applicable price shall be the price in effect on the date the order is placed. However, the final cost will be communicated to the customer during the online purchase process, prior to the customer’s acceptance.

Form of payment

Payments must be made by credit card through Stripe, a secure and reliable payment processing platform. With the integration of Stripe, users have the option to make payments quickly and securely using credit cards from different issuers.

You can pay immediately through the secure payment gateway Stripe. If any refund or cancellation of the order is necessary, the amount will be reimbursed through the same payment card.

Non-payment of dues

In case of payment in installments or recurring payment of software licenses, the customer will receive the amount of the monthly payment on the same day of purchase in the same payment method with which the purchase was made. OVERTRACKING is not responsible for the failure of the payment method by the customer and undertakes to ensure that its payment gateway systems work properly.

If payment is not received on the established date, the training platform automatically blocks the user, notifying the user at the same time of this situation in order to regularize the payment.

To request a grace reactivation after the deadline, the customer must contact info@overtracking.com, and upon receipt of payment, the user will be activated on the OVERTRACKING platform.

The payment of the installments after the agreed due date may accrue in accordance with Law 3/2004 of December 29, 2004, collection management costs, late payment interest and bank charges for non-payment, if any. In accordance with the aforementioned Law, default interest is understood to be the sum of the interest rate applied by the European Central Bank to its financing operations published in the Official State Gazette plus seven percentage points.

Return and withdrawal policy

According to the regulations, the consumer and user shall have the right to WITHDRAW from the contract for a maximum period of 14 calendar days without stating the reason and without incurring any cost, except for exceptions provided for in art. 107.2 and 108 of RD1/2007, of November 16, 2007, which approves the aforementioned text of the General Law for the Defense of Consumers and Users.

In the software licenses available on the web:

Returns:

The monthly or annual licenses of our tool that are purchased cannot be returned as they are for download and direct access.

In the event that any of the supplied licenses present access failures or errors, the customer must notify us in order to solve them.

If the key is defective, you will have an immediate mail support that will help you to solve your problem in the most appropriate way or you will be supplied with another one that is in correct condition.

For renewable licenses, the customer can cancel the subscription at any time and will only be charged up to the time of cancellation.

We recommend reading the legal guarantees section before requesting a return.

Withdrawal:

Withdrawal is the right of a consumer of a good to return it within a legal period of time, without having to claim or give any explanation for it or suffer a penalty.

Withdrawal is subject to a series of exceptions, contemplated in art. 103 of the TRLGDCU, in the case of provision of services such as those offered on this website:

The right of withdrawal does not apply when:

Letter m: “The supply of digital content that is not provided on a material support when the performance has begun with the prior express consent of the consumer and customer with the knowledge on his part that he consequently loses his right of withdrawal”.

Therefore: You can only exercise it BEFORE you have access to the tool for the first time.

The above withdrawal period will be valid from the date of purchase, the buyer is responsible for immediately verifying whether the delivery of the access to the software has been made effective.

On the other hand, in case you have not received the access keys to the tool, the cancellation period will remain suspended until the problem is solved. Once this happens, the cancellation process will be reestablished at that moment and you will be able to cancel your license as long as you have not used the keys and accessed the tool.

Express prohibitions

The license of our web analytics tool is intended for your legitimate use only and must not be used illegally, fraudulently or for activities that violate applicable law.

The license of the web analytics tool is intended for personal or internal business use only. It is not permitted to resell, sublicense or transfer the rights of use to third parties without our prior written consent.

To CONJUNCTIVE or PIRATORY contracting

This is an illegal practice carried out by several people who group together to acquire a digital service or product in order to reduce costs in the final price. In this case it would consist in the realization of the payment by a single person of the software, but whose access would facilitate to the rest of persons who have realized this practice, acceding to the software several persons with the same password and email.

It is strictly forbidden to share the license for use with more people, each license is personal and non-transferable and, therefore, OVERTRACKING.ES reserves the right to all civil and criminal actions that may assist us in order to safeguard their rights, all under penalty of incurring a crime against intellectual property of art. 270 and the Penal Code with prison sentences of up to 4 years.

Customer service and complaints

To file any complaint or claim with OVERTRACKING.COM the customer should contact the customer service department at info@overtracking.com .

Support Services

Technical support: OVERTRACKING customers can access technical support to solve any problem or doubt related to the use of the tool. Technical support can be provided through different channels, such as e-mail, live chat or a support ticket system.

Configuration assistance: OVERTRACKING provides assistance in the initial setup of the tool to help customers install the tracking code on their website and configure the tracking options according to their needs.

Customer Service: OVERTRACKING’s customer service team is available to answer general questions about contracted services, assist with billing-related inquiries, and resolve any administrative issues.

To receive support, assistance or customer service, please email support at info@overtracking.com.

Intellectual property on digital content

All digital products are the exclusive property of OVERTRACKING and are protected by copyright and other intellectual property laws. Downloading and access to any Digital Content is available only to Customers and is intended solely for personal, non-commercial use by such Customers. Any other use of the Digital Content downloaded or accessed on the OVERTRACKING.COM website is strictly prohibited.

Customers may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or otherwise exploit any part of the Digital Content, in whole or in part. By downloading or accessing digital Content from OVERTRACKING.COM, Customer hereby accepts and agrees to these terms and conditions.

European Consumer Law

The European Commission has created the first European website for dispute resolution in online commerce under the latest consumer law. In this sense, as responsible for an online sales website, we have the duty to inform our users about the existence of an online alternative dispute resolution website.

To resort to the dispute resolution website, the user must use the following link: http://ec.europa.eu/odr

In addition, we remind you that you can access the European Union’s online dispute resolution platform by following this link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.

Jurisdiction and applicable laws

These general conditions of use and contracting are governed by Spanish law. In accordance with Article 29 of Law 34/2002, of July 11, 2002, on Information Society Services and Electronic Commerce, electronic contracts between business people or professionals, the parties submit, at their option, for the resolution of conflicts and renouncing any other forum, to the Courts and Tribunals of the User’s domicile.

Google API Services User Data Policy

Overtracking use and transfer of information received from Google APIs to any other app will adhere to Google API Services User Data Policy, including the Limited Use requirements.