Terms of Service

1. Acceptance of Terms

By accessing or using the Tracking MD platform (the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. If you do not agree to these Terms, do not access or use the Service.

These Terms constitute a legally binding agreement between you (“Merchant”, “Affiliate”, or “User”) and Tracking MD (“Company”, “we”, “us”, or “our”).

2. Description of Service

Tracking MD is a multi-tenant Software-as-a-Service (SaaS) platform for managing affiliate marketing programs. The Service includes:

• Affiliate link tracking with click and conversion attribution
• Analytics dashboards for program performance monitoring
• AI Guardian fraud detection to identify invalid traffic and suspicious click patterns
• Commission management including tiered structures, custom rates, and approval workflows
• Affiliate payout processing with support for multiple currencies and payout methods
• Link health monitoring with automated diagnostics and notifications
• Affiliate portal enabling partners to view their performance, links, and earnings

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with reasonable notice where practicable.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account. You agree to keep this information updated.
• You may register only one merchant account per legal entity. Creating multiple accounts to circumvent plan limits or suspension is prohibited.
• You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must be at least 18 years of age, or the age of majority in your jurisdiction if higher, to create an account. By registering, you represent that you meet this requirement.
• You must have the legal authority to enter into contracts on behalf of your organization if registering on its behalf.
• You agree to notify us immediately at support@trackingmd.com of any unauthorized use of your account or any breach of security.

4. Subscription Plans and Billing

Plan Tiers

The Service is offered on three subscription tiers:

• Starter: Entry tier with defined limits on affiliates, monthly clicks, and active programs. Suitable for new or small affiliate programs.
• Growth: Mid-tier with higher limits. Includes advanced analytics and priority support.
• Enterprise: Highest tier with expanded or custom limits, SLA guarantees, dedicated support, and additional features.

Plan limits apply per billing period. Exceeding usage limits may result in temporary throttling or an automatic upgrade prompt. Specific limits for each plan are detailed on our pricing page.

Billing Cycle

• Subscriptions are billed monthly or annually, at your election at signup or plan change.
• A 14-day free trial is available for new merchant accounts. No payment method is required to start a trial, but providing one will be necessary before the trial ends to continue service.
• You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the start of the next billing cycle.
• Subscriptions auto-renew unless cancelled before the renewal date. You may cancel at any time through your account settings or by contacting support.

5. Payment Terms

• All subscription fees are processed by Stripe, Inc. All prices are quoted in US Dollars (USD) unless otherwise stated.
• By providing a payment method, you authorize us to charge subscription fees on a recurring basis until cancelled.
• If a payment fails, we may retry the charge and may suspend access to the Service after reasonable notice.
• Refunds are granted at our discretion. For annual plan subscribers, a pro-rated refund may be issued for cancellations made within fourteen (14) days of the initial purchase or annual renewal, provided usage has been minimal. Monthly subscriptions are non-refundable.
• You are responsible for any applicable taxes, levies, or duties imposed by taxing authorities. We will collect and remit taxes where legally required.
• We may change our pricing with thirty (30) days’ advance notice. Continued use of the Service after the price change takes effect constitutes your agreement to the new pricing.

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You expressly agree that you will not:

• Use the Service for any illegal purpose or in violation of any applicable local, national, or international law or regulation, including data privacy laws and anti-spam regulations
• Generate, incentivize, or knowingly allow fraudulent traffic, including self-referrals, bot-generated clicks, click farms, or any artificially inflated metrics
• Attempt to bypass, disable, or circumvent the AI Guardian fraud detection system or any other security or abuse prevention mechanism
• Scrape, crawl, or systematically extract data from the platform using automated means without our prior written consent
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying algorithms of the Service
• Upload, transmit, or distribute malicious code, viruses, phishing content, or any material that interferes with the Service
• Violate the intellectual property rights, privacy rights, or other legal rights of any third party
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Use the Service to promote products or services that are illegal, deceptive, or violate applicable advertising standards
• Attempt to gain unauthorized access to other users’ accounts, data, or tenant environments

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without refund.

7. Intellectual Property

The Service, including all software, features, interfaces, trademarks, logos, and content created by us, is and remains the exclusive property of Tracking MD and its licensors. These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it as described herein.

You retain full ownership of all data, content, and materials you upload or create within the Service (“Your Content”). By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to process, store, and display Your Content solely to the extent necessary to provide the Service to you.

We may use anonymized and aggregated data derived from usage of the Service for the purpose of improving our products and publishing industry benchmarks. This data will not identify you or your affiliates individually.

8. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated by reference into these Terms.

We implement tenant isolation architecture: each merchant account operates within a dedicated PostgreSQL schema. Your data is logically and physically separated from data belonging to other merchants. We do not share your data, affiliate lists, or performance metrics with other merchants.

If you are located in the European Economic Area or United Kingdom and you are subject to GDPR, you may request a Data Processing Agreement (DPA) by contacting us at support@trackingmd.com.

9. Affiliate Payouts

• Merchants are solely responsible for funding affiliate payout balances and ensuring sufficient funds are available for disbursement.
• Tracking MD facilitates the payout workflow but does not guarantee delivery of funds. Delivery is subject to the accuracy of payout details provided by affiliates and the availability of the chosen payout method.
• Merchants are responsible for collecting and maintaining required tax compliance documentation from their affiliates, including IRS Form W-9 (U.S. persons) and Form W-8BEN (non-U.S. persons).
• Tracking MD provides tooling to collect tax forms and generate payout reports but is not a tax advisor. Merchants should consult qualified tax counsel regarding their 1099 reporting obligations.
• Commission disputes between merchants and their affiliates are the responsibility of the merchant. Tracking MD may facilitate dispute resolution workflows but is not an arbitrator and bears no liability for commission disagreements.

10. Service Availability

We target 99.9% monthly uptime for the Service, excluding planned maintenance windows. We will provide advance notice of scheduled maintenance via the platform dashboard and/or email where possible.

• SLA credits for downtime below the 99.9% target are available exclusively to Enterprise plan subscribers, subject to the terms of the applicable SLA addendum.
• Starter and Growth plan subscribers do not receive SLA credits, but we will use commercially reasonable efforts to restore service promptly in the event of unplanned outages.
• We are not liable for outages caused by events outside our reasonable control, including third-party infrastructure failures, internet service disruptions, or force majeure events.

11. Disclaimer of Warranties and Limitation of Liability

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable law:

• Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to Tracking MD in the twelve (12) months immediately preceding the event giving rise to the claim.
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of data, or business interruption, regardless of whether we have been advised of the possibility of such damages.
• Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

12. Termination

• Either party may terminate these Terms at any time. You may cancel your account through the platform settings. We may terminate or suspend your account by providing written notice to your registered email address.
• We may suspend or terminate your account immediately and without prior notice for violations of the Acceptable Use Policy, non-payment, or conduct that we determine, in our sole discretion, poses a risk to us, other users, or third parties.
• Upon termination, your right to access the Service ceases immediately. You may request a data export within thirty (30) days of termination, after which your data may be permanently deleted.
• Sections of these Terms that by their nature should survive termination (including Intellectual Property, Limitation of Liability, and Governing Law) will continue to apply after termination.

13. Indemnification

You agree to defend, indemnify, and hold harmless Tracking MD, its officers, directors, employees, contractors, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from: (a) your use of and access to the Service; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any intellectual property right or privacy right; or (d) any claim that your affiliate program or marketing activities caused damage to a third party.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be subject to good-faith negotiation between the parties. If such negotiation fails, the parties agree to resolve the dispute through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, with proceedings conducted in San Francisco, California.

You and Tracking MD each waive any right to a jury trial and agree that disputes will be resolved on an individual basis. Class actions and class-wide arbitrations are not permitted.

15. Changes to These Terms

We may update these Terms of Service from time to time. For material changes, we will provide at least thirty (30) days’ advance notice by posting the revised Terms on this page and sending a notification to your registered email address. Changes to pricing, plan limits, or other commercial terms will be communicated with at least thirty (30) days’ notice. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must cancel your subscription before the effective date.

16. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and Tracking MD regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

17. Contact Us

If you have questions about these Terms of Service, please contact us: