Terms of Service
TRACKNANA
Last Updated: April 11, 2026
www.tracknana.com · [email protected]
This document governs the use of the Tracknana platform and related services.
1. Introduction
Welcome to Tracknana. These Terms of Service ("Terms", "Agreement") constitute a legally binding contract between You and Tracknana Software Development Ltda., a small business registered under CNPJ No. 66.059.324/0001-03, operating under the trade name Tracknana, based in Mamborê, Paraná, Brazil ("Company", "We", "Us", or "Our"), governing Your access to and use of the Tracknana application, website (www.tracknana.com), and all related services (collectively, the "Service").
By creating an Account, accessing, or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms. If You do not agree with any part of these Terms, You must immediately cease using the Service.
These Terms are effective as of the date You first access or use the Service and remain in effect until terminated in accordance with Section 16 herein.
2. Definitions
For the purposes of these Terms, the following definitions apply:
- "Account" means the unique account created by You to access and use the Service, registered with a username, email address, and password.
- "Ad Platforms" means Google Ads, Meta Ads (Facebook/Instagram), and TikTok Ads, including their respective advertising management APIs.
- "Application" means the Tracknana software, accessible via web browsers and mobile devices.
- "Content" means any data, text, graphics, metrics, UTM parameters, webhook configurations, or other materials You create, submit, or configure through the Service.
- "Dashboard" means the personalized interface provided to You within the Service for viewing and managing Your advertising campaigns, analytics, leads, and related data.
- "Device" means any electronic device capable of accessing the Service, including but not limited to computers, smartphones, and tablets.
- "LLM Feature" means the artificial intelligence assistant powered by OpenAI's GPT-4o-mini model, integrated into the Service to help analyze campaign metrics.
- "Tracknana Pixel" means the JavaScript script provided by Tracknana that Users may embed on their sales pages or landing pages for event tracking, transmitting pageview and lead data to Tracknana's servers.
- "Payment Platforms" means the supported e-commerce and payment processing platforms for webhook integration, including Hotmart, Kiwify, Stripe, Eduzz, Clickbank, PerfectPay, Yampi, Nuvemshop, and any additional platforms configured by the User via generic integration.
- "Personal Data" has the meaning ascribed to it in Our Privacy Policy and applicable data protection laws.
- "Service" refers to the Tracknana Application, Website (www.tracknana.com), APIs, and all related features and functionalities.
- "Subscription Plan" means the tier of Service selected by You, consisting of Free, Solo (R$120/month), Pro (R$230/month), or Enterprise (R$520/month), each with specific feature access as described on Our pricing page.
- "Third-Party Services" means any external platforms, APIs, or services integrated with the Service, including Ad Platforms, Payment Platforms, Google Analytics, and Telegram.
- "Webhook Data" means all data received through webhook endpoints configured by You from Payment Platforms, stored in Our systems to display Lead and Customer information.
- "You" or "User" means the individual or legal entity accessing or using the Service.
3. Eligibility and Account Registration
3.1 Age Requirement
You must be at least eighteen (18) years of age to create an Account and use the Service. By registering, You represent and warrant that You are at least 18 years old. If We discover that an Account holder is under 18, We will immediately terminate the Account and delete all associated data.
3.2 Account Registration
To access the Service, You must create an Account by providing a username, a valid email address, and a secure password. You are solely responsible for:
- Maintaining the confidentiality of Your login credentials;
- All activities that occur under Your Account;
- Promptly notifying Us of any unauthorized use of Your Account or any security breach.
Upon registration, We will send a verification email to the provided email address. You must verify Your email address by clicking the verification link before gaining full access to the Service. We reserve the right to suspend or terminate any Account that We reasonably believe has been compromised or is being used in violation of these Terms.
3.3 Two-Factor Authentication
You may enable Time-Based One-Time Password (TOTP) two-factor authentication at any time through Your Account settings. While optional, We strongly recommend enabling this feature to enhance Account security. Recovery codes are stored in hashed form on Our servers and each code can only be used once. You are solely responsible for securely storing Your TOTP secret and recovery codes; We cannot recover them if lost.
3.4 Account Accuracy
You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
4. Description of Service
4.1 Core Features
Tracknana is a Software as a Service (SaaS) platform designed for advertisers and digital marketing professionals. The Service offers the following core functionalities:
- Ad Campaign Management: View and manage Your advertising campaigns on Google Ads, Meta Ads, and TikTok Ads. Management actions include: adjusting budgets and pausing or activating campaigns, ad groups, and individual ads.
- Google Analytics Integration: Custom visualization of Your Google Analytics properties, including sales funnel analytics.
- UTM Builder: Create custom UTM parameters and tracking links for any platform. Includes the UTM Tracking Script for embedding on third-party checkout pages.
- Webhook Receiver and Lead Management: Create webhook endpoints and connect them to supported Payment Platforms.
- Customer Management: Aggregation of webhook-originated data grouped by email address to create unified Customer profiles.
- Telegram Tracking: Monitor ad campaigns via Telegram using a unique deep link per Dashboard.
- Creative Comparison: View and compare metrics of individual ad creatives from connected Ad Platforms.
- AI Campaign Assistant (LLM Feature): An AI-powered assistant using OpenAI's GPT-4o-mini model that analyzes the last 30 days of campaign metrics.
- Tracknana Pixel: Tracking script for installation on the User's sales pages or landing pages, as described in Section 4.5.
4.2 Data Handling Principles
We operate under the following data handling principles:
- API-Only Access: Campaign data from Ad Platforms and Google Analytics data are retrieved in real time via their respective APIs and are not stored in full. We store limited subsets: (a) aggregated daily metric snapshots for up to 90 days; and (b) monitored campaign snapshots for Telegram alerts.
- Creative Data: Ad creative assets and their associated metrics are retrieved via API and are not stored.
- Webhook Data Storage: Data received through webhooks from Payment Platforms is stored to enable Lead and Customer management features.
- LLM Data: The LLM Feature uses aggregated daily metric snapshots to build a JSON summary sent to OpenAI for processing.
4.3 UTM Tracking Script
Tracknana provides a JavaScript tracking script (the "UTM Tracking Script") that You may embed on third-party checkout or landing pages. The UTM Tracking Script:
- Reads UTM parameters from the visitor's browser URL and stores them in the browser's localStorage for up to 30 days;
- Injects a "src" parameter into detected checkout links for conversion attribution;
- Operates entirely client-side and does not transmit data to Tracknana's servers;
- Does not set cookies or fingerprint visitors.
By deploying the UTM Tracking Script on third-party pages, You represent and warrant that: (a) You have the legal authority to embed third-party scripts on the pages where You deploy it; (b) Your deployment complies with the host platform's terms of service; (c) You will disclose the use of the Script in Your own privacy policy; (d) You assume full responsibility for compliance with all applicable laws.
4.4 Third-Party Account Linking
Certain features require You to link Your Third-Party Service accounts (Google, Meta/Facebook, TikTok). By linking these accounts, You: (a) authorize Tracknana to access Your data through the respective platform APIs; (b) acknowledge that access is subject to each Third-Party Service's permissions and policies; (c) accept full responsibility for ensuring that linked account usage complies with the respective terms of service.
4.5 Tracknana Pixel
The Tracknana Pixel is a JavaScript script that You may embed on Your own sales pages or landing pages to track events such as page views and lead submissions, transmitting this data directly to Tracknana's servers for display on Your Dashboard.
By deploying the Tracknana Pixel on Your pages, You expressly:
- Acknowledge that You act as the data controller of the visitors to Your pages, and that Tracknana acts as the data processor on Your behalf, under the terms of the Data Processing Agreement (DPA) incorporated into the Privacy Policy (Section 4.1.8);
- Represent and warrant that You will obtain, prior to Pixel installation, all necessary consents from visitors to Your pages as required by applicable data protection legislation;
- Agree to inform visitors to Your pages about the use of the Tracknana Pixel in Your privacy policy, including identifying Tracknana as the processor of the collected data;
- Agree to use the Pixel exclusively for the purposes described in the DPA (tracking pageviews and leads for legitimate digital marketing purposes), and that the following uses are prohibited: (i) collecting sensitive category data without an explicit legal basis; (ii) tracking visitors without their knowledge in contexts other than Your own marketing pages; (iii) unlawful purposes or purposes contrary to good faith;
- Agree to respond to data subject requests related to data collected by the Pixel on Your pages;
- Will notify Tracknana immediately, and within a maximum of 48 hours, if You become aware of any security incident or misuse of data collected by the Pixel;
- Acknowledge that Tracknana does not have the technical capacity to actively monitor how each User implements the Pixel on their pages, and that all liability for misuse falls primarily on the User as the data controller;
- Agree to indemnify and hold harmless Tracknana from any and all claims, damages, or sanctions arising from Your misuse of the Pixel or failure to comply with the obligations set forth in this Section and in the DPA.
Tracknana reserves the right to immediately suspend access to the Tracknana Pixel for any User upon becoming aware of use in non-compliance with these Terms or applicable legislation.
5. Subscription Plans and Payments
5.1 Plans and Pricing
The Service offers four Subscription Plans:
- Free: No cost, with limited features as described on the pricing page.
- Solo: R$120.00 (Brazilian Reais) per month.
- Pro: R$230.00 (Brazilian Reais) per month.
- Enterprise: R$520.00 (Brazilian Reais) per month.
We reserve the right to modify plan features, pricing, and availability at any time, subject to the notification provisions in Section 5.4.
5.2 Payment Processing
All payments for paid Subscription Plans are processed by Stripe, Inc. ("Stripe"). By subscribing to a paid plan, You: (a) agree to Stripe's Terms of Service and Privacy Policy; (b) authorize Stripe to charge the selected payment method; (c) acknowledge that Tracknana does not store Your complete credit card or payment information.
5.3 Billing Cycle and Automatic Renewal
Paid Subscription Plans are billed on a monthly recurring basis. Your subscription will automatically renew at the end of each billing cycle unless You cancel before the renewal date. Cancellation takes effect at the end of the current billing period.
5.4 Price Changes
We may adjust prices for any Subscription Plan. We will notify You of price changes at least thirty (30) days in advance via email or prominent notice within the Service. Continued use of the Service after a price change constitutes Your acceptance of the new pricing.
5.5 Right of Withdrawal and Refund Policy
Users in Brazil: In compliance with Article 49 of the Consumer Defense Code (CDC), You have the right to cancel Your paid Subscription Plan and request a full refund within 7 (seven) calendar days from the date of purchase. This right is unconditional and irrevocable.
International Users: Unless otherwise required by mandatory local law applicable to Your jurisdiction, payments are non-refundable after You have begun using the Service or accessed the Dashboard. We may consider refund requests on a case-by-case basis if the Service was materially unavailable for a substantial portion of the billing period.
The right of withdrawal applies only to the initial subscription payment. Renewal payments are not subject to the withdrawal period.
5.6 Invoicing
For each paid subscription payment, We will issue an invoice or fiscal receipt (NFS-e for Users in Brazil) at the time payment is confirmed.
5.7 Taxes
All listed fees are exclusive of applicable taxes. You are responsible for all applicable taxes, duties, or levies imposed by tax authorities in Your jurisdiction.
5.8 Late Payment
Failure to pay subscription fees by the due date will result in the automatic imposition of a 2% (two percent) penalty on the overdue amount, plus interest of 1% (one percent) per month, calculated pro rata die, without the need for prior notice or judicial demand. The Company may, at its sole discretion, suspend access to the Service while any debt remains outstanding, without prejudice to the collection of the charges described above and any other applicable legal measures.
6. Acceptable Use Policy
You agree not to use the Service for any purpose that is unlawful, harmful, or prohibited by these Terms. Without limitation, You shall not:
- Use the Service to violate any applicable local, state, national, or international law or regulation;
- Attempt to gain unauthorized access to any part of the Service, other users' Accounts, or any systems connected to the Service;
- Use automated scripts, bots, crawlers, or similar technology to access or interact with the Service, except as expressly permitted;
- Interfere with, disrupt, or create an undue burden on the Service or the networks and infrastructure connected to the Service;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service;
- Resell, sublicense, or make the Service available to third parties without Our prior written consent;
- Use the Service to transmit any malicious code, viruses, or harmful data;
- Circumvent, disable, or otherwise interfere with any security features of the Service;
- Use the LLM Feature to generate content that is illegal, harmful, misleading, or that infringes the rights of third parties;
- Use webhook functionality to receive, store, or process data in violation of applicable data protection laws;
- Use the Tracknana Pixel to collect visitor data without proper disclosures and consents required by applicable law, or for unlawful purposes;
- Misrepresent Your identity or affiliation when using the Service.
We reserve the right to investigate and take appropriate action, including suspension or termination of Your Account, for any violation of this Acceptable Use Policy.
7. Intellectual Property Rights
7.1 Company Intellectual Property
The Service, including its software, design, text, graphics, logos, trademarks, and user interface, is the exclusive property of Tracknana and is protected by applicable intellectual property laws. Nothing in these Terms grants You any right, title, or interest in Our intellectual property except for the limited license to use the Service as set forth herein.
7.2 User Content
You retain all rights to the Content You create, upload, or configure through the Service. By using the Service, You grant Us a limited, non-exclusive, worldwide, royalty-free license to use, process, and display Your Content solely to the extent necessary to provide and improve the Service.
7.3 Feedback
If You provide Us with suggestions, feedback, or recommendations about the Service ("Feedback"), You grant Us an unrestricted, irrevocable, perpetual, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation or compensation to You.
8. Third-Party Services and Integrations
8.1 General
The Service integrates with various Third-Party Services to provide its core functionality. Your use of any Third-Party Service through Tracknana is subject to the respective third party's terms of service and privacy policies. We are not responsible for the actions, content, or policies of any Third-Party Service.
8.2 Ad Platforms (Google, Meta, TikTok)
By linking Your advertising accounts, You acknowledge that: (a) Your use of these platforms is governed by their respective terms and policies; (b) changes in APIs or policies may result in loss of certain Service features; (c) We are not responsible for any losses resulting from actions taken on Your accounts through the Service; (d) You are solely responsible for reviewing and confirming any management action before execution.
8.3 Payment Platforms and Webhook Data
When configuring webhooks with Payment Platforms, You acknowledge that:
- You are solely responsible for proper configuration of webhook endpoints;
- The accuracy and completeness of webhook data depends on the issuing platform;
- We are not responsible for data discrepancies, delays, or losses caused by Third-Party Payment Platforms;
- Buyer/customer data received via webhook belongs to third parties who transacted with You, not with Tracknana. You, as controller of this data, are responsible for ensuring that Your customers/buyers are adequately informed about the use of analytics and management tools;
- Tracknana stores webhook data acting as a processor on Your behalf, exclusively to provide the Lead and Customer Management functionalities described in the Service.
8.4 OpenAI (LLM Feature)
The AI Campaign Assistant is powered by OpenAI's GPT-4o-mini model. By using this feature, You acknowledge that: (a) a JSON summary of the last 30 days of campaign metrics is transmitted to OpenAI for processing; (b) OpenAI's data usage policies apply to the processing of this data; (c) AI-generated insights are provided for informational purposes only; (d) We do not guarantee the accuracy or reliability of AI-generated outputs.
8.4.1 Artificial Intelligence Mapping
Tracknana uses artificial intelligence technologies in the Service. This mapping describes the purposes, identified risks, and applied safeguards, in compliance with AI governance best practices and Brazilian Bill No. 2,338/2023 (AI Legal Framework in Brazil), currently under consideration by the National Congress.
a) AI system used: GPT-4o-mini model, developed and operated by OpenAI, L.L.C., accessed via API.
b) Purpose: Analysis of aggregated advertising campaign metrics for generating insights, optimization recommendations, and performance summaries. The system does not make autonomous decisions with legal or significant effects on the User.
c) Data processed by the AI system: Exclusively aggregated and anonymized daily metric snapshots (spend, impressions, clicks, and conversions per platform), transmitted in JSON format. No identifiable personal data of data subjects is sent to the AI model.
d) Nature of decisions: The LLM Feature is strictly assistive and informational. All campaign decisions remain under the exclusive control of the User. There is no automated decision-making with legal or significant effects.
e) Identified risks and mitigations:
- Risk of hallucination or inaccuracy: Model outputs may contain inaccuracies. Mitigation: responses presented as informational suggestions, with a disclaimer that they do not substitute professional judgment.
- Risk of data exposure: Data transmission to OpenAI. Mitigation: only aggregated metrics are sent, no personal data; OpenAI operates under a compatible DPA.
- Risk of misuse: The LLM Feature should not be used to generate misleading, discriminatory, or illegal advertising content.
f) Transparency and right of contestation: The User may, at any time, choose not to use the LLM Feature without prejudice to access to other Service functionalities.
g) Mapping updates: This mapping will be reviewed whenever there is a relevant change in the AI system used, processing purposes, or applicable legislation.
8.5 Telegram
Campaign tracking via Telegram uses a unique deep link per Dashboard. You are responsible for protecting this deep link and understand that anyone with access to the link will be able to receive campaign notifications.
8.6 Stripe (Payment Processor)
All payment processing is performed by Stripe. Your use of Stripe's services is governed by Stripe's Services Agreement. We do not store full credit card numbers, CVVs, or other sensitive payment credentials.
8.7 Microsoft Clarity
We use Microsoft Clarity for behavioral analytics of the Service. Microsoft Clarity collects User interaction data with the Service (session recordings, heatmaps, etc.) and processes it as an independent controller, under the terms of its own privacy policy. By using the Service, You consent to data collection by Microsoft Clarity as described in the Privacy Policy (Section 4.3.3). If You do not wish Microsoft Clarity to collect data from Your sessions, You may opt out as described in the Service settings.
9. Data Protection and Privacy
9.1 Privacy Policy
Your use of the Service is also governed by Our Privacy Policy, which is incorporated into these Terms by reference. You acknowledge that You have read and understood Our Privacy Policy.
9.2 Data Processing
By using the Service, You consent to the collection and processing of Your data as described in the Privacy Policy. We process data in compliance with the Lei Geral de Proteção de Dados (LGPD — Law No. 13,709/2018) as the governing law, as well as other applicable data protection legislation according to the User's jurisdiction.
9.3 International Data Transfers
Our servers are located in Virginia, United States. International data transfers are conducted with the safeguards described in Section 10 of the Privacy Policy, including compliance with Article 33 of the LGPD for Users in Brazil.
10. Disclaimers
10.1 "As Is" and "As Available"
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2 No Guarantee of Results
We do not guarantee that the Service will meet Your specific requirements, produce any particular results, or that the use of any insights from the LLM Feature will lead to improvement in advertising performance or business results.
10.3 Third-Party Data Accuracy
We do not guarantee the accuracy, timeliness, or completeness of data retrieved from Third-Party Services.
10.4 Service Availability
We do not guarantee that the Service will be uninterrupted, error-free, or free of harmful components.
11. Limitation of Liability
11.1 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).
11.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES.
11.3 Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, Our liability shall be limited to the greatest extent permitted by applicable law.
12. Indemnification
You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses arising from:
- Your use of or inability to use the Service;
- Your violation of these Terms;
- Your violation of any applicable law or regulation;
- Your violation of the rights of third parties;
- Any data You submit, transmit, or make available through the Service;
- Any actions taken on linked Third-Party Service accounts through the Service;
- Misuse of the Tracknana Pixel, including failure to obtain necessary consents or to provide adequate disclosure to visitors of Your pages;
- Any third-party claims arising from the use of the Tracknana Pixel in non-compliance with these Terms or applicable legislation.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of laws provisions.
13.2 Venue
The courts of the District of Mamborê, State of Paraná, Brazil, are hereby elected to settle any disputes arising from these Terms, without prejudice to the consumer's right to opt for the court of their domicile, pursuant to the Consumer Defense Code.
13.3 Dispute Resolution
Any dispute arising out of or relating to these Terms or the Service shall be resolved as follows:
- Informal Resolution: You agree to first attempt to resolve any dispute informally by contacting Us at [email protected]. We will make good-faith efforts to resolve the matter within thirty (30) days.
- Mediation: If informal resolution fails, the parties agree to submit the dispute to mediation before a mutually agreed mediator.
- Litigation: If mediation is unsuccessful, the dispute shall be submitted to the competent courts of the Federative Republic of Brazil, at the venue indicated in Section 13.2.
13.4 Consumer Protection Rights
Nothing in this Section limits any mandatory consumer protection rights You may have under the laws of Your jurisdiction.
13.5 Class Action Waiver
To the maximum extent permitted by applicable law, You agree that any dispute resolution proceedings will be conducted only on an individual basis and not as a class, consolidated, or representative action.
14. Jurisdiction-Specific Provisions
14.1 Brazil (LGPD and CDC)
If You are located in Brazil, the following additional provisions apply:
- All data processing activities are conducted in compliance with the LGPD;
- You have the rights described in Article 18 of the LGPD;
- Consumer protection rights under the Consumer Defense Code (CDC) apply additionally to these Terms;
- In case of conflict between these Terms and mandatory Brazilian consumer protection rules, the latter shall prevail.
14.2 International Users
Tracknana is based in Brazil and these Terms are governed by Brazilian law. For Users located outside Brazil, Tracknana seeks to respect the rights provided for in applicable local legislation. If You identify that a provision of these Terms conflicts with a mandatory right provided by the law of Your country, please contact Us at [email protected] and We will review the matter. Tracknana does not exclude rights that are non-derogable under the User's local law.
14.9 Complaint Protocol and Authority Channel
14.9.1 Complaint Channel
Tracknana does not support, consent to, or condone the use of the Service for scams, fraud, unlawful, criminal, or abusive conduct of any nature. Due to the technical limitations inherent to SaaS platform operations, it is not possible to automatically, comprehensively, and continuously monitor all operations performed by Users.
To assist in the prevention and suppression of abuses, Tracknana provides an official complaint channel at [email protected], through which third parties or any interested parties may report suspected or confirmed use of the Service for unlawful, criminal, or abusive practices.
The complaint must mandatorily contain:
- (a) full name of the complainant;
- (b) email and telephone contact;
- (c) a declaration of truthfulness of the information provided, under penalty of law;
- (d) identification of the reported User, by email, account ID, or other available data;
- (e) a detailed and chronological description of the occurrence;
- (f) category of violation (fraud, phishing, data misuse, etc.);
- (g) available evidence, such as screenshots, emails, or other relevant documents.
Upon receiving the complaint, Tracknana will initiate an internal administrative procedure for investigation, reserving the right, upon finding unequivocal severity of conduct, to temporarily or permanently suspend the reported User's access, without prejudice to applicable legal measures. Investigation and suppression measures adopted by Tracknana constitute a best-efforts obligation, not a results obligation.
14.9.2 Administrative Process Before Suspension or Deletion
In the event of a formal complaint or internal identification of use of the Service for unlawful, abusive purposes, or in serious violation of these Terms, Tracknana will adopt the following procedure before applying a suspension or permanent account deletion sanction:
- (a) Notification: the User will be notified by email about the opening of the procedure, the nature of the investigated conduct, and the deadline for response;
- (b) Defense period: the User will have 5 (five) business days, from receipt of the notification, to present a defense and produce evidence to the contrary;
- (c) Reasoned decision: after analyzing the defense or upon expiration of the period without a response, Tracknana will issue a reasoned decision;
- (d) Appeal: from the decision applying suspension or permanent deletion, the User may file an administrative appeal to [email protected] within 5 (five) business days, the decision of which shall be final within the internal scope of the Company.
In cases of unequivocal severity, urgency, or imminent risk to third parties, Tracknana reserves the right to preventively suspend the User's access during the course of the administrative procedure, guaranteeing subsequent notification and right of defense. Permanent deletion due to unlawful use shall not generate the right to restitution of amounts already paid.
14.9.3 Channel for Public Authorities
Tracknana cooperates with law enforcement, administrative, and judicial authorities through valid requests grounded in applicable legislation. All official communications from authorities must be sent exclusively to:
Email: [email protected]
For security and traceability purposes, the request must contain, at a minimum:
- (a) identification of the requesting body and signing authority;
- (b) procedure number (investigation, administrative or judicial proceeding);
- (c) objective specification of the requested data;
- (d) legal basis supporting the request.
Manifestly generic, technically unfeasible requests, or those exceeding legal limits, may be subject to clarification, limitation, or justified refusal. Tracknana will limit data provision to what is strictly necessary, in accordance with the principle of data minimization.
15. Account Deletion and Data Portability
15.1 Account Deletion
You may delete Your Account at any time through Your Account settings. Upon deletion:
- All data directly associated with Your Account will be permanently deleted from Our active systems;
- All Webhook Data (Leads and Customer data) will be permanently deleted;
- All webhook configurations, UTM parameters, and custom settings will be deleted;
- All stored campaign metric snapshots, monitored campaign configurations, and Telegram alert rules will be permanently deleted;
- All data collected by the Tracknana Pixel associated with Your Account will be permanently deleted;
- Linked Third-Party Service connections will be revoked;
- Active paid subscriptions will be canceled;
- Residual data may persist in encrypted backups for a limited period before automatic purging.
15.2 Data Portability
Where required by applicable law, You have the right to request a copy of Your Personal Data in a structured, commonly used, machine-readable format. To request data portability, contact Us at [email protected].
16. Termination
16.1 Termination by You
You may terminate these Terms at any time by deleting Your Account as described in Section 15.
16.2 Termination by Us
We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any of the following reasons:
- Violation of these Terms or Our Acceptable Use Policy;
- Fraudulent, abusive, or illegal activity;
- Failure to pay subscription fees when due;
- At Our reasonable discretion, if continued provision of the Service is not commercially viable;
- Prolonged inactivity of Your Account for a period exceeding twelve (12) months.
16.3 Effect of Termination
Upon termination, Your right to use the Service ceases immediately. Sections that by their nature should survive termination will continue in effect, including: Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.
17. Modifications to the Service and Terms
17.1 Modifications to the Service
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
17.2 Changes to Terms
We reserve the right to amend these Terms at any time. If a revision is material, We will provide at least thirty (30) days' notice before the new terms take effect via email or notice within the Service. Your continued use of the Service after the effective date of the amended Terms constitutes Your acceptance of the changes.
18. General Provisions
18.1 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
18.2 Waiver
The Company's failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
18.3 Entire Agreement
These Terms, together with the Privacy Policy and any Subscription Plan terms displayed on Our pricing page, constitute the entire agreement between You and the Company regarding the Service.
18.4 Assignment
You may not assign or transfer these Terms without Our prior written consent. We may assign these Terms without restriction.
18.5 Force Majeure
The Company shall not be liable for any failure or delay in performing its obligations when such failure or delay results from circumstances beyond its reasonable control.
18.6 Prevailing Language
These Terms may be made available in other languages for User convenience. For Users located in Brazil, in case of conflict between versions, the Portuguese version shall prevail. For Users in other jurisdictions, in case of conflict, the English version shall prevail.
18.7 No Third-Party Beneficiaries
These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
18.8 Procedural Legal Agreement
The parties acknowledge and agree, pursuant to Article 190 of the Brazilian Code of Civil Procedure, that any formal communications of a judicial nature — including summons and notifications — may be carried out through the email address provided by the User at the time of registration on the Platform, with knowledge presumed on the first business day following receipt. The User undertakes to keep their registered email address up to date and to immediately notify Tracknana of any changes.
19. Contact Information
If You have any questions, concerns, or requests regarding these Terms of Service, You may contact Us:
- Company: Tracknana Software Development Ltda.
- Trade Name: Tracknana
- CNPJ: 66.059.324/0001-03
- Location: Mamborê, Paraná, Brazil
- General email: [email protected]
- Legal and authorities email: [email protected]
- Website: www.tracknana.com
By creating an Account or using the Service, You acknowledge that You have read, understood, and agree to be bound by these Terms of Service.