Terms of Service | Overtracking

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 through our contact form (Contact form).

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

Owner: Julio Rodríguez Cruz

Trade Name: OVERTRACKING

NIF/DNI: 53194665N

Address: Avenida Gregorio Espino, 36205 Vigo, Pontevedra.

Contact form: Contact form

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.

Web analytics works without cookies and applies data minimisation and pseudonymisation to visitor data.

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.

Cookieless analytics

The pixel records web traffic without setting cookies on visitors’ devices.

Events and goals

Events allow customers to analyse interactions and measure configured goals, without cookies in the pixel.

Session journey

The session journey shows the pages and events recorded during a visit.

Heatmaps

Heatmaps aggregate interactions to show areas of interest on a URL configured by the customer.

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.

Anonymity and privacy

The service applies visitor data minimisation and pseudonymisation under the data processing agreement.

The tool complies with current privacy and data protection regulations, such as the General Data Protection Regulation (GDPR) in the European Union.

Detailed reports

The tool provides detailed reports based on the data collected: web traffic, events and goals, click heatmaps, errors and Core Web Vitals.

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:

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.

Plan selection

Current subscription plans and prices are shown on the pricing page before purchase.

Customers select their subscription plan and can review its terms before payment.

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.

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.

Automatic invoice generation

After the payment is made, an invoice is automatically generated including all transaction details and billing data provided by the user.

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.

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.

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.

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 for the supply of digital content and services.

In compliance with the regulations, OVERTRACKING shall be liable for any lack of conformity that may arise within a period of two years from the time of delivery.

By a simple declaration, the consumer may require OVERTRACKING to remedy the lack of conformity, reduce the price or terminate the contract.

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.

Conformity conditions

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

We are committed to complying with legal requirements and ensuring customer satisfaction.

Exclusion of liability

The USER, when contracting any of the OVERTRACKING licenses offered by Julio Rodríguez Cruz (OVERTRACKING) acts under his own responsibility.

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.

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.

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.

In no event shall OVERTRACKING be liable for any damages, including direct, indirect, incidental, special, punitive, consequential or similar damages.

Customer specifically acknowledges that OVERTRACKING is not responsible for the defamatory, offensive or illegal conduct of other users or third parties.

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.

If you post your Content on our servers for public sharing through the Services, we are not responsible for any loss, corruption or damage to your Content.

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.

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.

Abuse of the support service, such as making excessive or inappropriate inquiries, 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.

We reserve the right to suspend or terminate your license if it is determined that you have violated this fair use policy.

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, in the payments section: https://app.overtracking.com/profile/payments

Prices

The prices of the products shown on Overtracking's sales pages are expressed in Euros, unless otherwise indicated.

Published prices include VAT where applicable.

A 21% rate applies to customers in Spain (except the Canary Islands, Ceuta and Melilla) and in the rest of the European Union, and 0% to customers outside the EU. The breakdown is shown on each invoice.

Prices of services may vary at any time. The applicable price shall be the price in effect on the date the order is placed.

Form of payment

Payments must be made by credit card through Stripe, a secure and reliable payment processing platform.

You can pay immediately through the secure payment gateway Stripe. If any refund or cancellation 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.

If payment is not received on the established date, the platform automatically blocks the user, notifying the user of this situation.

To request a grace reactivation after the deadline, the customer must contact us through our contact form (Contact form).

The payment of the installments after the agreed due date may accrue collection management costs, late payment interest and bank charges for non-payment.

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.

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 immediate mail support that will help you to solve your problem.

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

Withdrawal

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

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

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.

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

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 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.

Group or shared 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.

It is strictly forbidden to share the license for use with more people, each license is personal and non-transferable.

Customer service and complaints

To file any complaint or claim with OVERTRACKING.COM the customer should contact the customer service department through our contact form (Contact form).

Technical support

OVERTRACKING customers can access technical support to solve any problem or doubt related to the use of the tool.

Configuration assistance

OVERTRACKING provides assistance in the initial setup of the tool to help customers install the tracking code.

Customer Service

OVERTRACKING's customer service team is available to answer general questions about contracted services.

To receive support, assistance or customer service, please use our contact form (Contact form).

Intellectual property on digital content

All digital products are the exclusive property of OVERTRACKING and are protected by copyright and other intellectual property laws.

Any other use of the Digital Content downloaded or accessed on the OVERTRACKING.COM website is strictly prohibited.

By downloading or accessing digital Content from OVERTRACKING.COM, Customer hereby accepts and agrees to these terms and conditions.

European Consumer Law

If you have any complaint, write to us through the contact form (Contact form) and we will reply as soon as possible.

If you are a consumer, you can also turn to the consumer services of your region or country.

Jurisdiction and applicable laws

These general conditions of use and contracting are governed by Spanish law. The parties submit, at their option, for the resolution of conflicts to the Courts and Tribunals of the User's domicile.

Processing on behalf of customers

The data processing agreement (DPA) forms an integral part of these terms and is accepted when subscribing to the service. It governs OVERTRACKING’s processing of visitor data on behalf of the customer. Authorised subprocessors are identified in the separate list.