Terms of Use

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THE SERVICE, YOU CONFIRM THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE ("AGREEMENT").

The Service is offered to you conditioned upon your acceptance, without modification, of all the terms, conditions, and notices contained herein.

To register for the Service, you must complete the registration process by providing current, complete, and accurate information, including your email address, username, and password. You are responsible for maintaining the security of your account and password and for all activities related to your account. MagickTracker is not liable for any loss or damage resulting from your failure to comply with this security obligation.

MagickTracker grants you a limited, revocable, non-exclusive, non-sublicensable license to install, copy, and use the Software solely as necessary to use the Service on one or more web pages you own and control. You may access, view, and download your Reports stored on magickracker.com. Use of the Software and Service is conditioned upon your compliance with the terms of this Agreement.

You authorize MagickTracker to collect, store, and process your Customer Data. MagickTracker may examine this data to provide technical support or improve the Service. MagickTracker may retain and use information collected about your use of the Service to generate anonymous and aggregated reports, as described in our Privacy Policy.

The Service allows you to link anonymous activity data of your site’s visitors with Personal Data you have collected. You are solely responsible for using, disclosing, or transmitting these data. You must comply with all applicable laws regarding the collection, use, and disclosure of visitor data.

After a 14-day free trial period, a service fee will apply. You must pay all applicable fees according to the terms of your Subscription. MagickTracker reserves the right to change its fees and to introduce new charges at any time, upon notice.

You may cancel your account at any time by emailing support@magicktracker.com. If you cancel your account, you will no longer have access to your data, including all reports and other visitor data, after termination. MagickTracker may terminate or suspend your account and/or the Service at any time, without notice, for any breach of this Agreement.

You agree to indemnify and hold MagickTracker harmless from any loss, cost, liability, and expense related to or arising from (a) any use of the Service by you or anyone using your Account, (b) any breach of this Agreement, (c) any claim that any visitor data or Personal Data collected, used, or disclosed by you, or collected, used, or disclosed by us as authorized by you or through the use of the Service, infringes or violates any third party’s intellectual property rights, privacy rights, or publicity rights.

The Service is provided "as is" and "as available" without warranties of any kind. MagickTracker does not warrant that the Service will be uninterrupted or error-free. MagickTracker does not warrant that (a) the Service will meet your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) any data or results obtained from the use of the Service will be accurate or reliable; (d) the quality of any products, services, information, or other materials purchased or obtained by you through the Service will meet your expectations.

MagickTracker will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if MagickTracker has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the Service; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service. In no event will MagickTracker’s total liability for any damages, losses, or causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you to MagickTracker in the 12 months prior to the event giving rise to the liability.

This Agreement constitutes the entire understanding between you and MagickTracker and governs your use of the Service. MagickTracker’s failure to exercise any right will not constitute a waiver of such right. If any provision of this Agreement is found to be invalid, the remaining provisions will remain in full force and effect. You may not assign this Agreement without MagickTracker’s consent, but MagickTracker may assign this Agreement without restriction.

MagickTracker may modify this Agreement from time to time. We recommend reviewing the Agreement regularly to stay informed of any changes. Your continued use of the Service after any changes have been posted constitutes your acceptance of those changes. If you do not agree with the changes, you must stop using the Service.

Last updated: June 4, 2024.