Terms of service

Parties and scope

The service is provided by LEO BUSINESS, SASU, 14 bis boulevard Senard, 92210 Saint-Cloud, France, RCS Nanterre 995 027 455, trading as NovaTrack, referred to below as "we" or "NovaTrack".

"Customer" means the professional entity to which an account is issued. "Service" means the tracking links, the redirect infrastructure, the dashboard and the exports made available under an account. "Visitor" means a person who clicks a tracking link.

The service is intended for business use. It is not offered to consumers. By using it, the Customer confirms it is acting for purposes relating to its trade or profession.

These terms apply together with the order or quote agreed by email, which prevails in case of contradiction on price, volume or term.

Accounts

There is no open signup. Accounts are created by us after a request and a short exchange. We may decline a request without having to give a reason, in particular where the intended use is unclear or incompatible with these terms.

Credentials are personal to each user. The Customer is responsible for keeping them confidential, for the actions taken under its account, and for telling us without delay if it suspects unauthorised access.

The Customer warrants that the information given when opening the account is accurate and keeps it up to date.

Acceptable use

The Customer may only create tracking links pointing to pages it owns or is expressly authorised to promote. Every link carries a list of allowed destination hosts, and the Customer warrants it holds the rights to those destinations.

The following are prohibited, and lead to immediate suspension:

• pointing links to phishing pages, malware, or any content whose purpose is to deceive or harm the visitor
• using the transparency parameter to disguise the real destination of a click, or to serve a destination different from the one displayed in the link
• redirecting to content that is unlawful under French law, including counterfeit goods, incitement to hatred or violence, or content harmful to minors
• using the service to reach a page the Customer does not have the right to promote
• attempting to bypass a host restriction set on a link, to overload the infrastructure, or to access data belonging to another customer
• reselling or making the service available to third parties without our written agreement, other than to the Customer's own clients within an agency arrangement declared to us

The Customer is responsible for complying with the policies of the advertising platforms it uses, including their rules on redirects, destination transparency and prohibited content. Compliance with those rules is not something we can guarantee on the Customer's behalf.

Data and responsibilities

Click data collected through the Customer's links is processed by us as processor, on the Customer's documented instructions, under a data processing agreement forming part of the contract.

The Customer, as controller of that data, is responsible for having a valid legal basis for the collection, for informing visitors as required by the General Data Protection Regulation, and for handling requests from visitors exercising their rights. We assist within the limits of our role.

Click data is retained for thirteen months by default. The Customer can export it at any time and ask for deletion at any time.

How we handle personal data is described in the privacy policy.

Availability and support

We take reasonable care to keep the redirect infrastructure available at all times, since a link that fails costs the Customer traffic. This is an obligation of means, not of result, unless a specific service level is agreed in writing in the order.

Planned maintenance likely to affect redirects is announced in advance whenever possible. Interruptions caused by the hosting provider, by a network operator, or by an event beyond our reasonable control do not give rise to compensation.

Support is provided by email during French business days, with an answer within one working day under normal conditions.

Price and payment

The service is quoted individually, based on click volume, the number of accounts to keep separate, the retention period and the level of support. There is no setup fee and no minimum contract length unless stated in the order.

Prices are in euros and exclusive of tax. Invoices are payable within the period stated on the invoice. Late payment carries interest at three times the French legal interest rate, plus the fixed recovery charge of forty euros provided for by article L.441-10 of the French Commercial Code.

If volume changes materially, we agree a new quote with the Customer. We do not cut off service mid month or drop clicks from reporting because a threshold was crossed.

Intellectual property

The service, its software, its interface and its documentation remain our property. The Customer receives a non exclusive, non transferable right to use them for the duration of the contract, for its own needs.

The Customer keeps ownership of its own data, of its destination URLs and of its brand elements. Nothing in these terms transfers any right over them to us.

We may mention the Customer as a reference only with its prior written agreement.

Liability

We are liable for direct damage caused by our proven failure to perform. Our total liability under the contract, for all events combined in any twelve month period, is limited to the amounts paid by the Customer for the service during that period.

We are not liable for indirect damage, including loss of profit, loss of turnover, loss of opportunity, damage to reputation, or the consequences of a decision taken by an advertising platform in respect of the Customer's account.

Nothing in these terms excludes liability that cannot be excluded under French law, in particular in case of wilful misconduct or gross negligence.

The Customer indemnifies us against any claim by a third party arising from the destinations it configures or from content it promotes.

Suspension and termination

Either party may terminate the contract by email, with one month notice, unless the order states otherwise.

We may suspend an account immediately, without notice, where a link breaches the acceptable use rules above, where an invoice remains unpaid after a formal notice, or where the security of the service is at stake. Suspension is lifted as soon as the cause is resolved.

On termination, access to the dashboard ends. The Customer may export its data before that date, and may ask us for a final export within thirty days after it. Data is then deleted according to the retention rules in the privacy policy.

Changes to these terms

We may update these terms as the service evolves. Account holders are told by email at least thirty days before a material change takes effect. A Customer that does not accept the change may terminate without charge before the change applies.

Applicable law and jurisdiction

These terms are governed by French law.

In case of dispute, the parties first try to reach an amicable solution. Failing agreement within thirty days, jurisdiction is given to the competent courts of Nanterre, France, including in case of multiple defendants or third party proceedings.

Questions about these terms go to contact@novatrack.io.