IPnoid Service Terms and Conditions
This Agreement, known as the Terms of Service Agreement, is hereby established and is effective between IPnoid, referred to as "IPnoid, LLC," and the user of IPnoid, hereinafter referred to as "Customer," "Subscriber," "Data Controller," "Entity," "End-user," or "You."
These Terms of Service delineate both your entitlements and obligations and set forth the stipulations governing the usage of IPnoid's tracking services for website visitors, often referred to as "Internet users." These terms are relevant across a range of access points, encompassing, but not restricted to, direct entry to ipnoid.com and its subdomains, APIs, SMS, service email notifications, SaaS implementations, applications installed on both servers and clients, widgets, graphical badges, tags, buttons, and any other means through which the service is rendered. Additionally, this encompasses any software supplied for installation on Customer's websites and within applications.
- To qualify for IPnoid Services, certain conditions must be met
Contractual Requirement: Any entity aiming to utilize IPnoid services must engage in a legally binding agreement that complies with the relevant jurisdiction's laws permitting such utilization.
Age Criteria: Individuals participating in this agreement must be a minimum of 12 years old or meet the age requirement defined by the applicable jurisdiction.
Authorization for Legal Entities: If this Terms of Service (TOS) is accepted on behalf of a legal entity other than the initiating party (e.g., an organization, company, government, or legally established entity), the Customer must validate their authorization and capacity to enter into this TOS on behalf of that entity.
Interpretation of "Customer": Within the context of this agreement, the term "Customer" also encompasses the entity that enters into this agreement, whether through direct or indirect means.
- IPnoid Data Processing Services
IPnoid services empower Customers to access data processing capabilities for the acquisition, storage, and linkage of contextual content with individual anonymous visitor records present within website visitor tracking logs. It's important to note that this functionality is exclusively allowed for visitors who are not residents of the European Union. The storage of personally identifiable information pertaining to specific visitors identified as EU residents is strictly prohibited in adherence to GDPR regulations.
If you opt to gather or retain personally identifiable information through IPnoid data processing services, such actions must be substantiated by the particular purpose of utilizing the service. These actions should be deemed essential for the entity's operation, such as implementing security measures to identify and prevent billing fraud or monitoring compliance with the company's terms of service, among other valid reasons. As a IPnoid Customer, you bear full legal responsibility in accordance with applicable laws. You also release and agree to indemnify and absolve IPnoid from any liability stemming from claims, liabilities, demands, suits, causes of action, or legal proceedings resulting from negligent acts.
- Data Privacy and Limitations on Collected and Processed Information by IPnoid
As a Customer, you are strictly prohibited from permitting any third party to employ IPnoid services for tracking or gathering personally identifiable information from Internet users. This prohibition extends to any act of connecting or associating personally identifiable information with any website data collected and processed through IPnoid, unless such actions are duly justified by the intended usage terms. In cases where such justification exists, the Customer takes on complete legal responsibility in accordance with applicable laws.
b. Third-Party Tracking Statement: A declaration addressing the utilization of third-party tracking services, informing visitors about any such services employed on the website.
c. Cookie Usage Statement: A statement clarifying the use of both essential cookies, which are necessary for website functionality, and optional non-essential cookies. This statement should explain the purpose of these cookies and provide visitors with options to manage their cookie preferences, where applicable.
When utilizing IPnoid, end-users acknowledge and consent to the principle that data associated with each individual end-user's account should be kept private. However, it's important to note that, under certain circumstances and unless prohibited by applicable laws such as GDPR, end-users have the option to share their data. This sharing option, when enabled within the end-user's account, authorizes IPnoid to disclose the statistical data from the end-user's website to the public. It also permits IPnoid to utilize this data for promotional or other necessary purposes.
- Free and Premium Subscriber Services
IPnoid, at its discretion and as per its availability, may provide two service tiers:
Free Tier: This tier is supported by third-party advertisements and is accessible on public pages as well as subscriber-only pages.
Premium Service: This service tier is available but subject to scalability limitations.
IPnoid retains the right to alter the availability of these service tiers and may make adjustments to its fees and payment policies periodically. Unless otherwise specified, all service fees are quoted in U.S. Dollars. In the event of an agreement termination, any outstanding balances are immediately due and must be settled, with the cost of collection (including legal attorney's fees) included as part of the outstanding amount owed.
The free service is granted for a defined period, as indicated during the initial subscription. Renewal of the free service is contingent upon its availability, in accordance with the terms laid out in this user agreement. Features offered via IPnoid subscription tiers may be modified, improved, or reduced at any point, without prior notification to end-users.
- Subscriber Account Security and Credentials
In order to utilize IPnoid services, subscribers must undergo the registration process by completing a registration form. This registration process necessitates the provision of accurate information, including an email address and password. Subscribers bear sole responsibility for the security of this information, beyond any security measures implemented by IPnoid. In the event of any suspected unauthorized account access or security breaches, subscribers must promptly inform IPnoid. Additionally, IPnoid customer service personnel may access the customer's account for the purposes of maintaining security and delivering customer-related support.
- Non-Exclusive Service License
In accordance with the provisions of this Terms of Service (TOS), IPnoid extends to its website visitors and Customers a non-exclusive, limited, and revocable license that is not transferable to third parties. This license permits the use of IPnoid's visitor tracking tools, the installation and duplication of IPnoid code, the display of provided graphic elements on the Customer's digital Domain Properties or Third Party Properties, and remote access to IPnoid subscriber gateway pages for the purpose of viewing and downloading data stored at ipnoid.com.
Unless explicitly stated otherwise, entities are strictly prohibited from:
a. Accessing Software Source Code: Attempting to access the source code of the software, or engaging in activities such as copying, modifying, decompiling, reverse-engineering, converting, translating, encrypting, or creating derivative works from any content, software, or documentation.
b. Transfer of Rights: Selling, assigning, transferring, subleasing, leasing, or renting the right to use the software, documentation, or its services, unless expressly permitted in writing.
c. Removal of Branding: Removing branding, notices, or any explicitly posted notifications provided by the service.
d. Interference and Misrepresentation: Interfering with the operation of the service or software, and falsely labeling the data with third-party identification in an attempt to claim ownership or for any other purpose related to service reports and tools provided for use on service subscriber websites.
- Indemnification IPnoid does not offer exclusive assurances regarding the availability of its services or the security of data stored on its servers. End-users consent to protect, indemnify, and absolve IPnoid from any claims, liabilities, losses, and expenses, including attorney's fees, resulting from the end-user's infringement of this agreement, copyright laws, local jurisdictional regulations, breaches of privacy or security rights, or proprietary technology developed by IPnoid and other technologies employed. It is important to note that IPnoid's liability will not exceed the subscription cost of the services provided.
- End-user Account Termination Policy
IPnoid retains the discretion to terminate end-user accounts and erase processed data without prior notice in cases of violation of the following conditions:
a. End-users must refrain from using any methods to obstruct the visibility or modify the appearance of installed tracker icons, which must remain visible unless an appropriate subscription plan that permits tracker hiding is purchased.
b. End-users are not permitted to employ automatic page reloading for the purpose of updating visual feedback statistics in the membership area, as this consumes unnecessary server bandwidth.
c. The use of IPnoid trackers for emails and on websites featuring malicious content, adult content, or hate-related materials is strictly prohibited.
d. IPnoid may not be utilized on websites that contain adult content or promote racism, discrimination, hatred, violence, religious persecution, or the advocacy of force against others.
e. Both IPnoid and the end-user retain the right to utilize the captured and processed data as necessary within the bounds of this agreement.
- Service Fulfillment Terms
Service Delivery Terms
All IPnoid subscriptions will be activated within 10 minutes when payment is made through electronic methods, such as credit cards or PayPal. For payments made by check, please allow up to 7 business days for the payment to clear.
Return & Cancellation Policy
All premium subscription services offered by IPnoid are covered by a 30-day satisfaction guarantee, unless otherwise specified. Refunds for the first month's subscription fee are subject to evaluation, and we appreciate customer feedback to enhance service quality. To cancel a subscription and request a refund for the initial month of service, a IPnoid subscriber must submit a technical support ticket. No refunds will be issued for service usage beyond the 30-day period. However, subscribers have the flexibility to cancel yearly subscriptions at any time.
- Limitation of Liability
To the maximum extent allowed by applicable law, IPnoid shall not be held liable for any lost revenue, be it direct, indirect, incidental, or consequential, including damages, even if IPnoid, its operators, subsidiaries, and affiliates were aware of the potential for such damages. In cases where IPnoid's liability to Customers or any other entities arises from demands, claims, or actions related to this agreement, it shall not exceed $350 (USD) in compensation.
- Additional Terms and Conditions
a. IPnoid reserves the prerogative to modify the terms of usage, policies, and provisions at its discretion, without the need for direct notifications to end-users or immediate publication of revised terms and conditions on its website.
b. All materials associated with or generated by IPnoid, including but not limited to identity, trademarks, proprietary software (including trade secrets), logos, databases, collective web reports, and any other content accessible via ipnoid.com and its subdomains, remain the exclusive property of IPnoid, protected by copyright.
c. IPnoid shall not be held accountable for any damages, whether direct or consequential, arising from service utilization, service interruptions, or immediate service termination without prior notification to end-users. The availability of services is not guaranteed, and IPnoid disclaims responsibility for damages resulting from service disruptions or data loss beyond reasonable control.
d. In the event of agreement termination by either the end-user or IPnoid, the end-user commits to removing trademarks, logos, and code from all websites under their control that have been processed by IPnoid. Canceling a subscription, whether free or premium, results in the permanent termination of the end-user's account and data, with no option for recovery.
e. The end-user bears full responsibility for the placement of IPnoid tracking devices on web pages or other implementations where personal tracking is feasible, ensuring compliance with visitor tracking laws, including those within the European Union.
g. The use of IPnoid on pages that engage in the purchase or utilization of low-quality and/or invalid sources of visitor traffic, which could overload IPnoid servers and disrupt service for other users, is prohibited. In such instances, IPnoid reserves the right to terminate abusive accounts, accompanied by data erasure without the possibility of recovery.
f. IPnoid may not be employed for tracking users in chat rooms, online messaging, or email communications.