Terms and conditions
THANK YOU FOR YOUR INTEREST IN MONKEYTRACKER FOR ANALYSIS OF VISITOR BEHAVIOUR ON TARGET WEB PAGES. PLEASE READ CAREFULY FOLLOWING TERMS AND CONDITIONS THAT GOVERNS THE USE OF SERVICES:
For the purpose of terms and conditions (hereinafter referred to as TAC) we use the terms: service provider (hereinafter referred to as Provider). You become the Customer once you register and confirm the agreement with these terms and conditions (referred to asTAC).
Service is provided by company FG Forrest, a.s. that is represented by Radovan Jelen, vice-chairman of the executive board residing at Pernerova 635/57, 186 00 Prague 8 - Karlín, Czech Republic. Company is listed in Business register of Town court of Prague, section B, insert 6941, identification number: 25290568, VAT number: CZ25290568.
Contents of services
MonkeyTracker collects data from user actions (mouse clicks, movement and scrolling, navigation on the web) on Customer's web and generates graphical representation of user's behaviour in the form of heat maps. Based on this data the Customer is better able to determine which features are used by visitors on the site and what informations users look for on the site.
Best service and technical support
100% availability is not guaranteed by the Provider. We are trying hard to maintain continuous service availability without interruptions though.
Change of Contents of Services without prior notice is to be expected and will be on daily basis. Provider constantly works on service improvements and adding new features. Provider is eligible also to remove features if there is a sufficient reason to do so (e.g. they won't be used enough or will limit development of other services).
Suspension of Services may happen from time to time. Shutdown will be limited to necessary amount of time and Provider will publish a notification on the page of planned shutdowns in case the information is known to him in advance.
- Technical support is provided by e-mail firstname.lastname@example.org or by phone +420608216913 in working hours monday to friday from 8:00 to 18:00 CET. In case of entire service failure you may call any time - we would be working on the problem already.
- Communication with Customer. Contact provided by the Customer must correspond to reality and Customer declares that especially the e-mail address in his user profile is valid and is used by him on daily basis. Customer's e-mail address is used as a primary communication channel between Provider and the Customer.
- Abuse of services. Customer agrees that he will not try to bypass security of the system and behave contrary to good morals especially that (but not limited to):
- (i) he won't try to gain access to account of other users or system administrators
- (ii) he won't use automated scripts to download or to analyse data (with exception of provided and documented API of the service)
- (iii) he won't try to decompile or alter source code of the service or to use it for purposes that are not related to the service itself
- (iv) he won't excessively burden the system to achieve service nonavailability (DOS)
- Privacy. The Customer is responsible for maintaining the confidentiality of passwords and not revealing them to the third parties. If there is a suspicion that password leaked the Customer is required to change the password immediately.
Poplatky a platby
- Orders of the services can be created on website www.monkeytracker.cz according the prices displayed right in the ordering form.
- Binding. All orders will be considered final and binding.
- Maturity. The invoice is due within 14 calendar days.
- Money refund. Provider guarantees a 100% money back if you send a request for termination of services to e-mail email@example.com within 1 calendar month of payment of the invoice.
- Failure to comply. If the Customer fails to pay an invoice in accordance with the payment terms Provider is entitled, at its sole discretion to
- (i) temporarily suspend the provision of these services until the Customer meets its outstanding liabilities, or
- (ii) terminate this Agreement entirely due to a serious breach of contract by Customer.
- Payment terms changes. Provider reserves the right to unilaterally change the prices, fees and payment terms. In this case, however, Customers will informed about these changes in advance and will be given reasonable time to terminate currently used plan if new conditions are not acceptable for them.
- Currency. Payments for services can be made in Czech Crowns (CZK) or US dollars (USD). Customer may also pay in different currency but real prices will derived from the price in USD or CZK using current exchange rate to used currency.
- Online payments. We comply wht strictest safety standards when accepting payment by credit card. Used payment gateway is certified withh Verified by Visa and MasterCard Secure Code (3D secure). Provider does not collect and does not maintain any information of your credit card.
- Value added tax. Provider adds VAT to the cost of the ordered service at the rate currently applicable for the country of the Customer and properly pays the tax to the tax office in the Czech Republic.
- Non EU customers. Customers outside the EU are not subject to VAT. Provider always gives the Customer an electronic invoice.
- Affidavit. Customer hereby confirms that he stated real and correct address and identification data in the order that is used to determine the correct VAT rate by the Provider.
- Upgrade. Customer may upgrade the plan at any time.
- Time of change. Change of the plan takes effect immediately upon payment of the service charge.
- Discount. If Customer already paid for the current plan we will aplly a discount that is equivalent to the portion of unused period of prepaid plan and its original price.
Termination of services
Cancellation. Data collection for particular domain can be terminated in the main dashboard. Service will stop collecting data in matter of minutes. User account removal automatically means termination of services for all domains that user owns - i.e. were registered to the service by him.
Data retention. All data are removed by the Provider within 24 hours after Customer cancels the service. Data might still exist in the form of the backup data for another several months. Backup data are used only in case of emergency to recover the system and are not in directly accessible or processable form.
- Termination. Provider reserves the right to immediately terminate services without prior notice for the following reasons.
- (i) Customer violates the TAC
- (ii) Provider is no more able to continue provisioning of this service
Changes to Terms and Conditions
- Changes to TAC. Provider reserves the right to supplement or amend the rules in TAC to his discretion. Customer is notified about changes to TAC after loggin in to the dashboard. Currently valid TAC are always available at address: www.monkeytracker.cz/en/terms-and-conditions. By continuing to use the service after the notification has been displayed Customer agrees with respective version of the document.
- Change refusal. In case Customer doesn't agree with new TAC, he/she may unilaterally refuse them and terminate the Agreement. In such situation he/she is must stop using services of the Provider at the time appropriate for the provision of corresponding services from another provider.
- Scope of held data. The Provider maintains minimum set of data that are required to identify the Customer and his domain. The Provider keeps billing data entered at registration and domain name for which services are provided. All other potentially sensitive information such as passwords and other sensitive data are kept only in the form of hashes. There is no way how to re-derive the original data from those hashes again. The service does not use or keep any part of the page content.
- Processing of personal data. Provider reserves the right to use Customer data for internal analytical and statistical purposes. Results of these analyzes won't be publicly published without explicit consent of the Customer. Analysis might be published without consent only in case it contains only anonymized data so that there is no possible way how to deduce a connection between them and the particular Customer.
- Provisioning of personal data. Provider might transfer personal data of the Customer to the third party in case that it is required to ensure the operation of services (eg billing, accounting, etc.). The Provider is committed to protect such personal data in a contract with respective third party.
- User data. The system collects data from the traffic of the monitored domain only to a minimal extent which is necessary for the proper functionality of the service. No cookies are used for tracking visitors of monitored domain. The system, however, stores and processes IP addresses of visitors that executed monitored action on target web pages.
Analytics console uses HTML5 LocalStorage for keeping session for the current user in order to keep his authentication to the system. Cookies are used for the same purpose (keeping session) in the management dashboard.
- Security breach. Provider is obliged to inform Customer as soon as possible about security breach and possible threat of accessing Customer's data by the unauthorized third party. Provider will also cooperate with Customer to minimize existing damage and prevent spreading of the damage any further.
- Use of Customer name. Provider may use the Customer's name (or company name) for marketing and advertising purposes on MonkeyTracker site or in contact with other potential customers. Consent to use the name of the Customer can be revoked by sending a revocation e-mail to firstname.lastname@example.org
Limitation of Liability
- Validity. Provider doesn't guarantee validity of collected data and computed results, its damage or loss. Neither he has any responsibility for Customer decisions and actions based on this data.
- Compensation for damage. Customer expressly understand and agree that Provider is not liable under any circumstances for any damage that the Customer incurred in connection with the provided services beyond the value paid by the Customer to the service Provider.
- Third party services. System is hosted on third party infrastructure and therefore Provider can't directly affect the quality of the service and downtime caused by third party (hardware, software, network and other types failures).
Ownership and Rights. Data collected by MonkeyTracker service belongs to Customer who can demand their removal or access to them. Provider listed in the heading of this document retains ownership and intellectual rights to the Service itself. Provider retains ownership to entire content placed at www.monkeytracker.cz including text, design of the pages, technical drawings, graphics and files hosted on the website.
Use of MonkeyTracker name. Customer is restricted to use or publish MonkeyTracker name or the service as their own. Use of the name shall always be accompanied with link to www.monkeytracker.cz website.
- Governing law. This Agreement is governed in accordance with the laws of the Czech Republic, EU where the services originates from.
- Competent authority. If any part of the TAC would be determined by any competent authority to be invalid, unlawful or unenforceable, the remainder of the TAC shall continue to be valid to the fullest extent permitted by law.