Acceptance of terms
These Terms of Service ("Terms") govern your access to and use of the Content Trackdown website, dashboard, APIs, and related services (collectively, the "Service"), operated by Content Trackdown, Inc. ("we", "us", "our").
By creating an account, accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree to these Terms, do not use the Service.
If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and "you" refers to both you and that organization.
Description of service
Content Trackdown provides automated and human-assisted monitoring, detection, and takedown services for digital content across publicly accessible websites and platforms. The Service may include but is not limited to: content fingerprinting, automated DMCA notice generation and filing, dashboard analytics, white-label reporting, and access to a network of legal professionals.
We may add, modify, or remove features from the Service from time to time. We will use commercially reasonable efforts to provide advance notice of material changes.
Account registration
To use most features of the Service, you must register for an account. When you register, you agree to:
- Provide accurate, current and complete information.
- Maintain and promptly update your information as it changes.
- Maintain the security of your account credentials and not share them.
- Be responsible for all activity that occurs under your account.
- Promptly notify us if you suspect any unauthorized use of your account.
We may suspend or terminate your account if we believe any information you have provided is inaccurate, incomplete, or misleading, or if you violate these Terms.
Subscription, billing and refunds
The Service is offered on a subscription basis. By selecting a paid plan, you authorize us to charge the payment method on file for the applicable fees, plus any applicable taxes, on a recurring basis until you cancel.
Subscription fees are non-refundable except as expressly set out in these Terms or as required by applicable law. We offer a 30-day money-back guarantee on initial subscriptions; you may request a full refund within 30 days of your first paid charge by contacting our support team.
You can cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing cycle, and you will retain access to paid features until that date.
We may modify the fees for the Service from time to time. We will provide at least 30 days' notice of any fee changes for existing subscribers, and changes will take effect at the start of the next billing cycle.
Acceptable use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party right, including intellectual property rights and rights of privacy.
- Submit false, misleading, or fraudulent DMCA notices or other takedown requests.
- Attempt to gain unauthorized access to the Service, other accounts, or any computer systems or networks connected to the Service.
- Interfere with or disrupt the integrity or performance of the Service.
- Use the Service to send spam, malware, or other malicious content.
- Scrape, crawl, or otherwise programmatically access the Service except through APIs we provide and only as documented.
- Resell or sublicense the Service except as expressly permitted under our reseller program.
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section.
User content and licenses
The Service allows you to submit reference content (images, videos, text and other materials) for the purpose of monitoring and takedown actions ("User Content"). You retain all ownership rights in your User Content.
By submitting User Content, you grant Content Trackdown a worldwide, non-exclusive, royalty-free license to use, reproduce, process and display the User Content for the limited purpose of providing the Service to you.
You represent and warrant that you own, or have all necessary rights, licenses and permissions to use and authorize Content Trackdown to use, the User Content you submit, and that the User Content does not violate any law or third-party right.
We do not claim any ownership of your User Content. You can delete User Content from the Service at any time, subject to our data retention practices described in the Privacy Policy.
DMCA and intellectual property
Content Trackdown respects the intellectual property rights of others and expects users to do the same. We will respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If you believe that material has been used through our Service in a way that constitutes copyright infringement, please send a notice to our designated DMCA agent at dmca-agent@contenttrackdown.com with the information required by the DMCA.
Misrepresentations in a DMCA notice may give rise to liability for damages and attorneys' fees under Section 512(f) of the DMCA. Do not submit false notices.
All trademarks, service marks, logos, trade names and any other proprietary designations of Content Trackdown used herein are trademarks or registered trademarks of Content Trackdown.
Limitation of liability
To the maximum extent permitted by applicable law, in no event will Content Trackdown, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:
- Your access to or use of, or inability to access or use, the Service.
- Any conduct or content of any third party on the Service.
- Any content obtained from the Service.
- Unauthorized access, use or alteration of your transmissions or content.
To the maximum extent permitted by applicable law, our total liability for any claim arising out of or relating to these Terms or the Service will not exceed the amount paid by you to Content Trackdown in the twelve months preceding the event giving rise to the claim.
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement.
Indemnification
You agree to defend, indemnify and hold harmless Content Trackdown and its affiliates, officers, employees, agents, suppliers and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including without limitation your User Content and any use of the Service's content, services and products other than as expressly authorized in these Terms.
Termination
You may stop using the Service or cancel your subscription at any time. We may suspend or terminate your access to the Service at any time, with or without cause and with or without notice, including if we believe you have violated these Terms.
On termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination (including without limitation provisions related to intellectual property, indemnification, limitation of liability and governing law) shall survive termination.
Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Any disputes arising out of or relating to these Terms or the Service will be resolved exclusively in the state and federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.
Nothing in these Terms shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
Contact us
If you have any questions about these Terms, you can reach us at:
Email: legal@contenttrackdown.com