Terms & Conditions


TERMS OF USE AND PURCHASE

Last modified: January, 2022.


Please read these terms of use and purchase (“Terms”) carefully. By using Mailtrack or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Mailtrack. As a customer of the Service (as defined below) or a representative of an entity that’s a customer of the Service, you’re a “User” according to this Terms (or “you”).

1. OWNERSHIP OF THE WEBSITE AND THE MAILTRACK SERVICE

  • Owner: THE MAIL TRACK COMPANY, S.L. (“Mailtrack”).
  • Registered Office: calle Córcega, número 301, ático 2ª, 08008 – Barcelona (España).
  • Tax Identification Number (N.I.F.): B-66095670
  • Mercantile Register Information: Registered in the Mercantile Register of Barcelona, Volume 43881, Book 94, Sheet 440871, First registration.
  • E-mail: hi@mailtrack.io

1.1. The website available through the domain name https://www.mailtrack.io and all sub domains or sections ("Website") are operated Mailtrack.

These Terms govern the access, browsing and use of the Website by its Users as well as the services available on the Website (such as tracking or file tracking) and the installation of the Mailtrack extension and the enjoyment of the services derived thereof (the "Services").

Some Services may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by Mailtrack or by third parties. Such specific conditions shall apply in addition to these Terms and in case of conflict shall supersede the Terms. Accordingly the User must acknowledge to have read and accepted such specific conditions.

Regarding the collection and processing of personal data, the Privacy Policy and Cookie Policy shall apply.

1.2 Any user who accesses the Website or installs the Mailtrack extension shall be a User. If the User does not agree with all or any of these Terms, the User must leave the Website immediately and/or proceed to uninstall the Mailtrack extension from its browser.

1.3 By agreeing to these Terms, the User warrants that:

  1. The User is of legal age (at least 18 years old) and has read and understood the Terms.
  2. In the event of entering into or purchasing the Service, the User has legal capacity to do so.
  3. The User assumes all obligations set forth herein.

1.4. The access and use of the Services by minors require the consent of their parents, guardians or legal authorised representatives. Such persons shall be held liable for the acts carried out by the minors under their custody. Please contact us in case you wish to authorise a minor.

In the event that the User is accessing and using the Services on behalf of a third party, such as an employer or a company, the User represents and warrants to have obtained the express prior authorization from such third party in order to use the Services, or to have been granted power of legal representation for the purposes of using or entering into the Services.

1.5. Mailtrack reserves the right to modify, at any time, the Services, the Website as well as any aspect of these Terms. Notwithstanding the foregoing, the transactions made by the User prior to such modifications will be honoured and performed as agreed.

2. ACCESS TO THE WEBSITE AND TO THE SERVICES

2.1. Access to the Website is free, except for the cost of connection through the telecommunications network supplied by the User’s provider. Access to the Services may be subject to remuneration in the conditions stated below and in the Website from time to time.

The access and use of the Website and the Services requires a computer or computer equipment as well as internet connection. Any expense in connection with such items is not included in the Services described herein in the Terms and shall be borne exclusively by the User.

2.2. In order to use the Services, the User must sign in to his Gmail account (with Google’s authentication mechanisms -currently Oauth2-) by using a supported browser and install the Mailtrack extension in it, granting the authorizations requested for Gmail as they are necessary for the rendering of the Service (please see the

Privacy Policy regarding the data to which Mailtrack access despite these authorizations).

Mailtrack is not a service of Google Inc. Google Inc. and Mailtrack are two different unaffiliated companies; consequently, they do not represent each other.

2.3. The User undertakes to use the Services in good faith and not to use it negligently, for fraudulent purposes or in an unlawful manner. In addition, the User agrees not to take part in any conduct or action that could damage the image, interests or rights of the Services, other Users or of third parties.

2.4. It is the User’s responsibility to ensure prior to using the Services that the features of the Services meet the User’s needs.

3. WEBSITE AND THE MAILTRACK SERVICES CODE OF CONDUCT

3.1. The User agrees to use the Website and the Services in accordance with law, moral principles and public order as well as the Terms. The User shall refrain from using the Website or the Services for illegal activities or purposes that may be considered a criminal offence against third parties as well as violating any applicable law. The User agrees not to use the Services to:

  1. Submit or disseminate content or information that is racist, xenophobic, pornographic, and supportive of terrorism or may infringe human rights.
  2. Submit or disseminate software (virus or malware) that may damage computer systems of the internet service provider, its providers or any other internet user.
  3. Disseminate, transmit or provide third parties with any type of information, element or content that might constitute a violation of the fundamental rights and civil liberties contemplated in the Spanish Constitution and international treaties.
  4. Disseminate, transmit or provide third parties with any type of information, element or content that constitutes unlawful or unfair advertising.
  5. Transmit unsolicited or unauthorised advertisements, advertising material, “spam”, “chain mails”, “pyramid schemes” or any other form of solicitation, except in those areas (such as commercial spaces) that are exclusively intended for these purposes.
  6. Submit or disseminate any false, ambiguous or inaccurate information or content that is deceptive to its recipients.
  7. Impersonate other Users of the Website and the Services.
  8. Disseminate, transmit or provide third parties with any type of information, element or content that may constitute a breach of intellectual property rights, patents, brands or copyright held by the owners of the Website and the Services or third parties.
  9. Disseminate, transmit or provide third parties with any type of information, element or content deemed to be a violation of privacy or data protection laws.

3.2. The User represents and warrants that its use of the Service will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any applicable regulations, specially Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”) and Spanish Organic Law 3/2018, of December 5, 2018, on the Protection of Personal Data and the Guarantee of Digital Rights.

Therefore you agree, represent, and warrant to Mailtrack that:

  • You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Mailtrack and to enable such data to be lawfully collected, processed, and shared by Mailtrack for the purposes of providing the Service or as otherwise directed by you.
  • You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Mailtrack to deploy cookies and similar tracking technologies (like pixels) lawfully on and collect data from the devices of contacts and end users in accordance with and as described in the Cookie Policy.
  • In addition, you acknowledge and agree that we have your prior written authorization to direct any of your contacts that ask to exercise any data protection rights to you so that you can respond to the request accordingly.

3.3. The User agrees to indemnify and hold harmless Mailtrack against any claim, fine, penalty or sanction arising from the User’s failure to comply with the aforementioned conditions of use. Mailtrack reserves the right to claim compensation for damages incurred.

4. EXTERNAL CONTENT AND SERVICES ACCESSIBLE THROUGH THE WEBSITE

4.1. The Website may contain links, directories and search engines that enable the User to access third party websites and portals (“Linked Sites”). Linked Sites are operated by third parties and not controlled by Mailtrack. Should any User consider that a Linked Site contains unlawful or inappropriate content, he must inform Mailtrack of such circumstance.

4.2. The inclusion of Linked Sites on the Website neither implies an agreement between Mailtrack and the owners of the Linked Sites nor implies the recommendation or the endorsement of the Linked Sites and/or its content by Mailtrack.

4.3. Unless otherwise stated on the Website, THE MAIL TRACK COMPANY is unaware of the content and services of the Linked Sites and, consequently, shall not be held liable for any damage caused to the User or third parties by the unlawfulness nature, quality, outdating, unavailability, error or futility of the Linked Sites.

5. INTELLECTUAL PROPERTY

5.1. All intellectual property on the Website and the Service is owned by Mailtrack or its licensors, including, but not limited to, the intellectual property in texts, photographs, graphics, images, icons, technology, software, links and any other audiovisual o sound content as well as its graphic design and source code. Under no circumstance shall the rights of exploitation contemplated in the intellectual property regulations in force of the aforementioned content be deemed to have been assigned or licensed to the User.

5.2. The trademarks, trade names or distinctive signs of any class displayed on the Website or the Services are owned by Mailtrack or third parties. Under no circumstance shall their trademark rights be deemed to have been assigned or licensed to the User. Mailtrack® is a registered trademark owned by Mailtrack.

5.3. In regards to the Mailtrack extension, Mailtrack only grants to the User a personal, worldwide, non-transferable, non-exclusive license for the duration of the Services. After the termination of the Services, not matter the cause, the User shall cease immediately using the Mailtrack extension and the Services.

5.4. The User is forbidden of, either partially or fully, either copying, modifying, disassembling, taking any action to derive the source code, creating derivative works or reverse engineering the Services.

6. RESPONSIBLE VULNERABILITY DISCLOSURE POLICY

Any User interested in reporting security vulnerabilities to Mailtrack must abide to the Responsible Vulnerability Disclosure Policy.

7. PURCHASE TERMS OF THE MAILTRACK SERVICES

7.1. Certain features of the Services, as stated from time to time in the Website, may be subject to remuneration and to its purchase by the User (the “Services for Purchase”).

7.2. The Services for Purchase shall be purchased for the account of the User in Gmail involved in such process.

7.3. Mailtrack Services’ are aimed to companies and/or professionals who are not regarded as consumers or users within the meaning of consumer regulations. In event that the User is regarded as consumer or user as stated before, such User should refrain from purchasing the Services.

7.4. In order to use the Service for Purchase, the User must previously have installed the free Service.

7.5. Additionally, the purchase process of Mailtrack requires the User to introduce its payment data and any other information necessary to effect payment.

7.6. Mailtrack shall keep an electronic receipt of the User’s purchase. Such receipt will not be available for the User.

8. CORRECTION AND IDENTIFICATION OF ERRORS WHEN ENTERING DATA

8.1. Whenever the User does not fill out a required field, it will not be allowed to advance through the purchase process until such required field is filled out. A message will be displayed warning the User of such circumstance.

8.2. The User will be able, at any time, to modify and/or update its info as User of the Service by accessing the “Account” section. The User can access this section by clicking on the access button to the Mailtrack settings on the upper right side of its Gmail panel.

8.3. In the event of non-rectifiable errors during the purchase process (for example, the purchase is made for the wrong email account), the User may request within 30 days the correction of such error by sending a communication at privacy@mailtrack.io.

9. PRICING AND TERM OF THE MAILTRACK SERVICE

9.1. The pricing and the terms of the different Mailtrack Services subscription modalities are provided in the Website and displayed on the screen prior to the purchase process when selecting a modality of subscription.

9.2. The Valued Added Tax (VAT) is included in the prices.

10. REFUNDS

Mailtrack shall refund the User the total amount paid in the event that User terminates the use of the Services for Purchase within 30 days from its purchase. To such extent, the User shall contact Mailtrack through refund@mailtrack.io.

11. SUPPORT

11.1. In case of doubt regarding the Services, the User may contact Mailtrack by sending an email to hi@mailtrack.io.

11.2. The User may also consult the issues raised to the Mailtrack Support Center accessible through here.

12. LIMITATION OF LIABILITY

12.1. The Services are one of the most reliable and accurate tracking solutions in the market, and we keep improving it, however, the tracking technology has some limitations.

There are two main causes of inaccuracy:

1) Emails sent by the User to itself or opened in the same computer:

If the User sends emails to itself, the Services cannot work well, so please, refrain from testing the Services by sending an email to yourself but to someone else and please do not use the same computer to send the email with the Services and to open the email.

2) In some cases, the User’s email or tracked file has been opened, but the Services say it is not opened.

This can happen to a small percentage of emails sent with the Services. The main reason is that some email clients (e.g. Outlook) might block images from showing on emails by default and this is a limiting feature for email marketing software because we track emails by including a small pixel in your message or tracked file. This is a limitation shared by all email marketing tools. The good news though, is that this default blocking is becoming a thing of the past. In fact, Gmail itself changed its policy at the end of 2013 and since then opens all images by default, increasing considerably our efficiency.

Bearing in mind the above, the User acknowledges and accepts that the operation of the Services depends on a number of elements which may imply defects of the Services in certain cases and the Services is not free of errors and mistakes.

12.2. The User acknowledges and accepts that the use of the Website and the Services are at the User’s own risk and under the User’s responsibility and therefore Mailtrack does not accept any responsibility for misuse or use in breach of these Terms.

The User will be responsible for any damages to Mailtrack resulting from the User’s use of the Website and the Services in breach of these Terms.

12.3. Mailtrack does not warrant the availability or continuity of the Websitenor the Services, its accuracy, reliability or completeness, or whether they are fit for a particular purpose. To the maximum extent permitted by applicable law Mailtrack will not have any liability in this regard.

As way of example and without limitation, Mailtrack shall not be liable for any damages that may result from:

I) Interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment which are not Mailtrack‘s responsibility.

II) Delays or unavailability of the Website and the Services due to deficiencies or traffic overload on the Internet, in the communication network or the electricity grid.

III) Third party actions.

IV) Unavailability of the Website and the Services due to maintenance or software updates.

V) Anything which is beyond Mailtrack’s direct control.

12.4. EXCEPT FOR MAILTRACK’S WILFUL MISCONDUCT AND THOSE CASES IN WHICH DUE TO THE SPECIFIC CIRCUMSTANCES OF THE USER INVOLVED OR THE NATURE OF THE MATTER, APPLICABLE LAW PROVIDES THAT LIABILITY CANNOT BE LIMITED BY AGREEMENT, USE OF THE WEBSITE AND THE SERVICES IS AT THE USER’S SOLE RISK AND MAILTRACK SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE WEBSITE OR THE SERVICES.

13. NOTICES

13.1. All notices, requests, demands, and other communications between Mailtrack and the User in connection with the Services or the access to the Website shall be in writing and shall be deemed to have been duly delivered if sent by certified mail or certified fax (burofax) to the address which the parties have indicated to the other to that effect.

13.2. Notwithstanding the foregoing, notices sent to Mailtrack shall be deemed to have been duly made when sent by means of email at hi@mailtrack.io.

13.3. On the other hand, notices sent to the User shall be deemed to have been duly made when sent by means of email at the address associated with the User’s email account for the use of the Services or, if required, the one that the User had provided to Mailtrack to that effect.

14. SEVERABILITY

In the event that any provision of these Terms were to be found, whether partially or fully, to be null or void, such invalidity shall only affect the provision or section considered to be void or unenforceable. The remaining provisions of these Terms shall continue in full force. The invalid provision, whether partially or fully, shall be considered as not included in these Terms.

15. CHOICE OF LAW AND PLACE OF CONCLUSION OF THE CONTRACT

15.1. These Terms shall be governed by and construed in accordance with the laws of Spain.

15.2. The purchase of the Services shall be considered to have been formalised on the place where Mailtrack᾽s registered offices is located at the moment of purchase.

16. JURISDICTION

The User and Mailtrack expressly waive any other jurisdiction which may correspond to them and agree to resolve any controversy arising out of the Services or the access to the Website before the Courts of Barcelona (Spain), except when the applicable law necessarily imposes otherwise.