This translation is provided for convenience. For Users in Brazil, the Portuguese version prevails in case of any discrepancy (Terms of Service, Section 17.6).

TRACKNANA TERMS OF SERVICE

Version: 1.0
Last updated: October 22, 2026
Contact: [email protected] | Legal and authorities channel: [email protected]

1 | INTRODUCTION

Welcome. These Terms of Service (“Terms”, “Agreement”) govern access to and use of the platform made available by Tracknana Software Development Ltda., a private-law legal entity and small business, registered under CNPJ No. 66.059.324/0001-03, trading as Tracknana, headquartered in the city of Mamborê, state of Paraná, Brazil (“Company”, “Tracknana”, “We”).

Notice. These Terms are a legally binding contract between the User (“You”) and Tracknana, governing access to and use of the Tracknana application, the website www.tracknana.com, the tools and all related services (together, the “Service”).

The Tracknana platform is software provided under the Software as a Service (SaaS) model, aimed at advertisers, traffic managers, marketing professionals and companies that use online advertising, analytics, integration and campaign tracking systems.

Through the Service, You can access features intended for:

• Managing advertising campaigns and integrating with ad and analytics platforms
• Creating UTM parameters and trackable links and implementing monitoring scripts
• Receiving and managing webhooks, with lead aggregation and control
• Monitoring campaigns and comparing creative metrics
• Artificial intelligence features applied to performance analysis
• Tracking conversions and events, including sending conversions to ad platforms
• Using the Tracknana Pixel tool

Note: the features available vary according to the plan subscribed to.

1.1 | Summary Table

For information and immediate transparency only. It does not replace reading the sections, which prevail in case of any discrepancy.

1.2 | Definitions

The definitions in Section 4 of the Privacy Policy apply to these Terms and form part of this instrument for all purposes.

2 | CONSENT AND ACCEPTANCE

By accessing, signing up for and using the Service, or by clicking options such as “I accept”, “Sign up” or equivalent, You declare that You:

• Have read these Terms in full
• Have understood your rights, obligations and responsibilities
• Have the legal capacity to contract
• Agree, freely, in an informed manner and unequivocally, to all the provisions set out here

Notice. If You do not agree, in whole or in part, with any provision of these Terms, You must immediately stop accessing and using the Service.

You acknowledge that certain features depend on integration with third-party services, including, without limitation, Google Ads, Meta Ads, TikTok Ads, Google Analytics, Microsoft Clarity, Telegram, payment platforms and other APIs. Those integrations are also subject to the respective third parties' own terms, policies and conditions.

2.1 | Validity and effect of electronic acceptance

These Terms are entered into electronically and have full legal validity, in observance of the principles of good faith, the social function of the contract and freedom of contract.

Tracknana records and stores, linked to Your Account, the date and time of acceptance, the source IP address, the User-Agent and the version of the documents in force at that moment. These records, together with access logs and other technical evidence, may be used as valid proof of the expression of will and of the contractual relationship established.

Any tolerance of a breach of any provision of these Terms will not constitute a waiver of rights, novation or contractual change. If any clause is held invalid, void or unenforceable, the others will remain fully valid and effective.

2.2 | Term

These Terms take effect on the date of electronic acceptance and remain valid indefinitely while there is access to the platform, an active registration or use of features.

3 | PURPOSE

The purpose of these Terms is to regulate the provision of, access to and use of the SaaS platform made available by Tracknana, including features, tools, scripts and other technological resources.

The platform is of an exclusively technological and operational nature, intended for managing, monitoring, tracking, viewing and analysing advertising campaigns.

Tracknana does not guarantee financial results, advertising performance, increased conversions, profitability, the continuous availability of third-party APIs or any specific result arising from the use of the Service.

You acknowledge that the effectiveness of the features depends on external factors, including third-party integrations, settings made by You, API availability, regulatory compliance, the policies of the integrated platforms and the quality of the data provided.

3.1 | License of use

Subject to these Terms, Tracknana grants You a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to access and use the Service during the contractual relationship.

The license is intended exclusively for the User's internal, commercial and operational use. Access to the Service constitutes a mere temporary and conditional license of use, with all ownership rights reserved to Tracknana and its licensors.

Tracknana may, at any time and without prior authorization, update features, modify interfaces, fix failures, implement improvements and limit access for operational, regulatory, technical or security reasons. With prior notice or adequate justification, it may also change technical resources and discontinue specific features.

4 | RESTRICTIONS ON USE

The User is expressly prohibited from, directly or indirectly:

• Copying, reproducing, distributing, selling, sublicensing, renting or commercially exploiting the Service outside the authorized cases
• Reverse engineering, decompiling, disassembling or extracting source code
• Bypassing authentication, limitation, monitoring or security mechanisms
• Using abusive automation or massive data extraction methods without express authorization
• Removing intellectual property notices, trademarks or technological protection mechanisms
• Using the Service for unlawful, fraudulent or abusive activities
• Using the Service to violate third-party rights, including copyright, privacy, data protection or intellectual property rights
• Improperly sharing access credentials
• Using the Service's scripts, webhooks, UTMs, Pixel or integrations for unlawful collection of personal data or unauthorized tracking
• Using the Service to send spam, run misleading campaigns, artificially manipulate metrics or engage in practices prohibited by the integrated platforms

Non-compliance may result in temporary suspension of access, blocking of features, removal of content, termination of these Terms and the appropriate judicial and extrajudicial measures, subject to the procedure in Section 10.2.1.

4.1 | Intellectual property

All intellectual property rights related to the platform belong exclusively to Tracknana or the respective licensing owners, including, without limitation: software, source code, platform structure, APIs, dashboards, layout, design, visual identity, trademarks, trade names, logos, scripts, databases, reports, technical documentation, algorithms, features, models, integrations, artificial intelligence features and institutional and commercial materials.

No provision of these Terms shall be construed as an assignment, transfer or permanent grant of intellectual property rights to the User.

Any suggestions, feedback, ideas or recommendations You send may be freely used, implemented, modified and exploited by Tracknana, with no obligation of remuneration, acknowledgement or compensation.

4.2 | Content, data and the User's responsibility

You remain fully responsible for all data, content, information, campaigns, creatives, integrations, scripts, links, webhooks, UTM parameters, files, messages and other materials entered, transmitted or processed in the Service (“User Content”).

Tracknana does not claim ownership of User Content.

By using the Service, You declare and warrant that You:

• Have all the rights, authorizations and legal bases necessary to use the data and content entered
• Will not violate third-party rights by using the Service
• Fully comply with applicable law, including data protection, advertising, intellectual property and consumer protection rules
• Have obtained the consents necessary for the collection, sharing and processing of personal data
• Are authorized to use the connected integrations, APIs and platforms

You grant Tracknana a non-exclusive, worldwide, free license, limited to the provision of the Service, to store, process, transmit, organize, display and technically use User Content, exclusively to the extent necessary to operate the platform, provide the features subscribed to, integrate with third-party services, generate reports, run automations, perform operational and security monitoring and prevent fraud.

Tracknana does not perform prior monitoring, editorial validation or continuous oversight of User Content, but may remove, restrict or suspend content or access when it identifies signs of unlawfulness, violation of these Terms, operational or regulatory risks, a judicial or administrative order, infringement of third-party rights or abusive use.

5 | ACCOUNT SIGN-UP AND ELIGIBILITY

Access to the Service requires signing up with a username, an email and a personal, non-transferable password.

When signing up, You declare that all the information provided is true, correct, up to date and owned by You or under your legitimate responsibility, undertaking to keep it up to date and answering for any loss arising from incorrect, outdated, false or incomplete information.

Tracknana may, at any time, request additional information, require proof of identity, perform registration checks, suspend registrations showing signs of irregularity and refuse, limit or cancel accounts that violate these Terms or applicable law or that present operational, regulatory or security risk.

Each Account is personal and linked to the User responsible for the sign-up; creating accounts with a false identity, with third-party data without authorization or for an unlawful purpose is prohibited.

5.1 | Minimum age and legal capacity

By accepting these Terms, You declare that You have full legal capacity and are at least 18 (eighteen) years old to create an account, subscribe to and use the Service.

If the sign-up is made on behalf of a legal entity, You declare that You have sufficient powers and authorization to represent it and bind it to this instrument.

Transparency about verification. Tracknana does not collect date of birth and does not perform automated technical age verification. Compliance with this clause depends on the User's declaration and on the reporting procedure described below.

If a data subject under 18, legally incapable or legally prevented is identified, the Account will be suspended and deleted, and the associated data deleted under Section 18 of the Privacy Policy, subject to the differentiated treatment provided there for children under 12 and for adolescents.

If You are a parent or legal guardian and believe that a minor in your care has created an account in the Service, write immediately to [email protected] with the identification of the account or email involved. The case will be treated as a priority.

5.2 | Responsibility for the Account

You are fully responsible for Your Account, access credentials, devices used, integrations made, activities performed within the Service and actions taken by third parties who use your credentials.

You undertake to keep your login, password, authentication codes and other access mechanisms strictly confidential. All activity performed through the Account will be presumed to have been carried out by its holder.

You must notify Tracknana immediately if You identify unauthorized access, a suspected intrusion, leaked credentials, a compromised account or improper use of the Service.

Tracknana will not be liable for losses arising from improper use of the account, voluntary sharing of credentials, security failures attributable to the User, intrusions resulting from the User's negligence or improper use by third parties with legitimate access to the credentials.

5.3 | Verification, security and authentication

After sign-up, Tracknana will send a verification email to the address provided. The Account will only be considered fully active after the email address is confirmed. Accounts whose address is not confirmed within 7 (seven) days are deleted automatically, unless subscribing to a paid plan has already been started.

You undertake to use a strong and secure password, keep your credentials protected, avoid reusing passwords used on other services and adopt good digital security practices.

The Service offers Two-Factor Authentication (2FA) via TOTP. Although optional, Tracknana strongly recommends enabling it and is not responsible for improper access resulting from negligence in safeguarding credentials or from not enabling additional layers of security.

You alone are responsible for securely storing your TOTP secret and your recovery codes. Tracknana has no way to recover them if they are lost.

You acknowledge that security mechanisms reduce operational risks but do not entirely eliminate the possibility of improper access, cyberattacks, fraud or external failures.

Tracknana may implement automatic protection measures, including temporary login blocking, session limits, preventive session termination and requiring additional authentication.

6 | DESCRIPTION OF THE SERVICE

The availability of specific features may vary according to the plan subscribed to, technical limitations, operational availability, active integrations, permissions granted and restrictions imposed by third-party services.

6.1 | Main features

A. Advertising campaign management. Viewing, monitoring and managing campaigns linked to Google Ads, Meta Ads and TikTok Ads, including budget adjustments, activating and pausing campaigns, individually or in bulk, monitoring metrics and a consolidated view of performance.

You acknowledge that certain features execute commands directly on the integrated platforms, and that reviewing and finally confirming the actions executed remains your exclusive responsibility.

B. Google Analytics integration. Custom metric views, event tracking, funnel analyses, consolidation of analytical data and generation of operational reports.

C. UTM Builder. Creating UTM parameters, generating trackable URLs, organizing campaigns, attributing traffic and managing custom links. The feature includes the UTM Tracking Script.

D. Webhook receiver and lead management. Creating webhook endpoints, integrating with payment platforms, receiving external events, operational processing of leads, storing the data received and automating flows related to sales and conversions.

E. Customer management. Aggregating the data received via webhook to consolidate profiles, grouping by email address, a unified view and tracking of events related to the configured integrations.

F. Telegram alerts. Sending alerts and notifications and monitoring campaigns through exclusive deep links linked to the Dashboard.

G. Mobile app notifications. Sending notifications to the User's device, subject to the authorization granted on the device.

H. Creative comparison. Comparative viewing of creatives, analysis of individual ad metrics, performance comparison between campaigns and consolidation of media data from the integrated platforms.

I. Campaign AI Assistant. A feature based on OpenAI's GPT-4o-mini model, governed by Section 9.

J. Tracknana Pixel. A JavaScript script for installation on the User's pages, governed by Sections 6.4 and 8.3.

K. Microsoft Clarity integration. The User linking their own Clarity account, governed by Section 6.5.6.

L. Net values module. Calculation of revenue, profit and indicators net of tax, commission and fees, governed by Section 7.8.

M. Funnel validation. A feature that generates a test link so that You can check the tracking configuration end to end. The purchase made through that link is real and produces a real charge on the payment platform; the order is marked as a test and excluded from reports, under Section 6.7.

6.2 | UTM Tracking Script

The UTM Tracking Script is intended to be embedded in checkout pages, landing pages or digital environments You use. It may:

• Read UTM parameters present in the visitor's browser URL
• Store those parameters locally, in the visitor's browser localStorage, for a limited period
• Inject attribution parameters into compatible checkout links
• Operate exclusively on the client side

You acknowledge and agree that the UTM Tracking Script is loaded from Tracknana's servers, which generates an access log entry under the Privacy Policy, and that, once loaded, it transmits no data to Tracknana's servers, does not use fingerprinting, sets no cookies of its own and depends on the settings and compatibility of the environment where it is implemented.

By implementing the script, You declare and warrant that You have legitimate authorization to insert scripts in the environment used, that the implementation respects the terms of the host platform, that You will fully comply with applicable law, that You will make the necessary disclosures in your privacy policy and that You will take full responsibility for the regulatory compliance of the implementation.

Tracknana does not perform individualized monitoring of the script's implementation and is not responsible for inappropriate or unlawful uses or uses incompatible with applicable law.

6.3 | Linking third-party accounts and services

Certain features require linking accounts You hold with third-party services, platforms or APIs. By linking external accounts, You:

• Authorize Tracknana to access the data made available by the corresponding APIs
• Acknowledge that access will depend on the permissions You grant
• Declare that You are entitled to use the integrated accounts
• Acknowledge that the use of third-party platforms remains subject to their respective terms and policies

You acknowledge that changes made by third parties may affect the availability of integrations, Service features, access to metrics, automated features, data synchronization and operational stability.

6.4 | Tracknana Pixel

The Tracknana Pixel is a JavaScript script intended to be installed on the User's pages to track operational events related to campaigns, visits, views and lead submissions. Its availability depends on the plan subscribed to.

By using the Pixel, You acknowledge that You will be fully responsible for its implementation, regulatory compliance, the content of the pages where it is installed, the processing of the data collected and responding to data subjects' rights, as detailed in Section 8.3.

Cookie created on Your pages. The Pixel stores, in the visitor's browser and on the domain of Your pages, a browser identifier cookie lasting 90 days, in addition to local storage items. Creating this cookie is a technical condition for the ad platform to recognize the conversions. It is up to You to disclose it in your own cookie policy and obtain the required consents from your visitors.

Delivery modes. You choose, per event, between: server-only delivery, which is the default and places no third-party code on Your pages; managed mode, in which Tracknana loads the ad platform's script on Your pages; bridge mode, in which the event is published to the data layer for your own tag manager; and disabled, in which the event is neither collected by the Pixel nor sent to the ad platform.

Managed mode requires Your express activation, per event, and creates an additional obligation. In it, third-party code runs on Your pages at Tracknana's initiative, and the ad platform starts collecting directly from the visitor's browser, outside our systems, under its own policy. By enabling it, You declare that You have a legal basis for that collection and have given your visitors the information required by applicable law.

6.5 | Third-party services and integrations

The Service depends on external integrations, APIs, technologies and suppliers. You acknowledge that third-party services have their own policies, may change APIs and features without notice, may stop working partially or entirely, and that Tracknana does not fully control them.

6.5.1 Ad platforms. The integrations depend on permissions granted directly by You. You acknowledge that changes to the APIs may affect features, that certain actions may have immediate financial effects, and that You remain responsible for the campaigns run and for reviewing the actions performed through the Service.

6.5.2 Payment platforms and webhooks. When using webhook integrations, You acknowledge that You are responsible for correctly configuring the endpoints, that data accuracy depends on the sending platform, that the data received belongs to You as controller and to the third parties who have a commercial relationship with You, and that Tracknana acts only operationally.

Tracknana is not responsible for integration failures, lost events, inconsistencies, delays or unavailability of third-party platforms.

6.5.3 OpenAI and the AI feature. The AI Assistant uses OpenAI technology. By using it, You acknowledge that aggregated metrics and the messages You write will be transmitted via API, that the answers are purely informative, that there is no guarantee of absolute accuracy and that the feature does not replace professional analysis or human decision-making. Section 9 applies in full.

6.5.4 Telegram. The alerts feature uses exclusive deep links linked to Your Dashboard. The deep link works as a credential for accessing the notifications, and You are fully responsible for its confidentiality and security.

6.5.5 Stripe. Payment processing is performed by Stripe. You acknowledge that financial processing is performed by an independent third party, that the use of Stripe remains subject to its terms, that Tracknana does not store payment credentials and that certain financial features depend on Stripe's operational availability.

6.5.6 Microsoft Clarity. The Service allows You to link your own Microsoft Clarity account, providing the project identifier and the API token, so that the metrics of your pages are shown consolidated in Your Dashboard.

Tracknana does not install Microsoft Clarity, does not set Clarity cookies and does not collect behavioural data from your pages' visitors. The collection is performed by Microsoft, on your instruction, under its terms and privacy policy. The responsibility for informing your visitors, obtaining the required consents and keeping the Clarity account compliant is exclusively yours.

You declare that You are entitled to the linked Clarity account and acknowledge that the API token provided grants access to that project's data.

6.6 | Automated campaign rules

The Service allows You to create and edit, in the Dashboard, automated rules in your own Meta ad account. These rules can pause campaigns, activate them or change budgets, and have immediate financial effects on your advertising spend.

The ad platform evaluates and runs these rules, on its own infrastructure, at the cadence it defines and according to the parameters You wrote. Tracknana is the interface through which You create, edit and remove them; the execution does not take place in our systems.

You alone are responsible for defining the parameters, for the suitability of the rules to your business objectives and for periodically reviewing the results, and You can remove them at any time.

Tracknana is not liable for losses arising from the execution, non-execution or late execution of rules created by You, except in cases of proven fault.

6.7 | Funnel validation

The funnel validation feature generates a test link, valid for 2 (two) hours, so that You can check, end to end, whether tracking is configured correctly. The Service does not create orders: the purchase is made by You, on your own checkout, from that link.

You acknowledge that this purchase produces a real charge on the payment platform, subject to its refund rules, and that managing the refund is your responsibility. The order generated this way is marked as a test, excluded from the revenue, conversion and abandoned cart reports, and is not sent to the ad platform.

7 | PLANS, SUBSCRIPTIONS AND PRICES

The Service is made available through different plans. On the date these Terms were published, the plans are:

• Free: no cost, with limited features as described on the pricing page
• Solo: R$ 129.90 (one hundred twenty-nine reais and ninety centavos) per month
• Pro: R$ 239.90 (two hundred thirty-nine reais and ninety centavos) per month
• Enterprise: R$ 479.90 (four hundred seventy-nine reais and ninety centavos) per month

All amounts are expressed in Brazilian reais (BRL).

The resources, limits, features, integrations and conditions applicable to each plan can be found on the Service's official pricing page.

Tracknana may, subject to the communication rules set out in these Terms, create new plans, change features, modify operational limits, discontinue resources, change benefits, restrict integrations, modify prices and end specific subscription types.

7.1 | Payment processing

Payments are processed by specialized third parties, including Stripe, Inc. By subscribing to a paid plan, You acknowledge and agree that payments may be intermediated by external providers, that You will also be subject to the terms of the respective processor, and, for subscriptions by card or boleto, You expressly authorize recurring charges linked to the payment method provided.

Payment can be made by credit card, boleto or Pix. For boleto and Pix, Stripe requests the payer's CPF or CNPJ, as required by those payment methods.

Tracknana does not store credit card data, keeping only the information operationally necessary to manage the subscription.

You are solely responsible for keeping a valid and up-to-date payment method, ensuring sufficient balance or credit limit, reviewing the financial information provided and answering for fees, bank charges, taxes or costs related to the transaction.

Processing failures caused by the financial provider, banking institutions, card networks or third parties will not be considered Tracknana's responsibility.

7.2 | Billing cycle, renewal and plan changes

Subscription by card or boleto. It is charged in monthly cycles. By subscribing, You expressly authorize automatic renewal at the end of each cycle. The boleto is due within the period stated on it; if it is not paid on time, the subscription is not completed. A payment cleared after the subscription was not completed does not activate the plan and is refunded as set out in Section 7.4, unless You prefer to start a new subscription. For boleto renewals, the boleto for each cycle is sent to the registered email.

Pix. Payment by Pix is a one-time payment that secures 30 (thirty) days of the chosen plan, counted from payment confirmation, with no automatic renewal. The payment code is valid for 1 (one) hour, and generating a new one cancels the previous one. We send an email about 5 (five) days before the end of the period and on the last day. To continue, make a new Pix payment, which adds 30 (thirty) days to the remaining period, or add a card. Without either, at the end of the period the Account returns to the Free plan, with its limits (Section 7.7).

Plan changes.

• On a subscription, a change to a higher plan is charged the difference proportional to the rest of the cycle, and a change to a lower plan takes effect from the following cycle.
• During a period paid with Pix, a change to a higher plan by Pix costs the price difference proportional to the remaining days, each day being worth 1/30 of the price, and does not change the end date; a difference below the minimum accepted by the payment provider is waived. A change to a lower plan by Pix can only be made at the end of the period.
• Adding a card during a period paid with Pix does not forfeit the days already paid. On the same plan or a lower plan, the first card charge occurs at the end of the period, or 48 (forty-eight) hours after the card is added, if less than that remains, at no cost for the additional hours. On a higher plan, the subscription starts immediately, and the value of the days paid with Pix and not used is deducted from the first invoice, up to its amount.

Stripe's payment page may show the days already paid with Pix as a trial period or free days. This is not a free period: these are the days You have already paid for.

The subscription will remain active until voluntary cancellation, late payment, closure of the account, contract termination or discontinuation of the plan by Tracknana.

Cancellation will prevent future charges, but does not create an automatic right to a proportional refund of amounts already paid, except in the cases provided for in these Terms or required by applicable law. After cancellation, access to paid resources may remain available until the end of the current cycle. With Pix, the paid period runs until its end, under the same refund rule.

7.3 | Price changes

Price changes applicable to active subscriptions will be communicated at least 30 (thirty) days in advance, by registered email, internal notification, notice in the Dashboard or prominent communication within the Service. With Pix, the period already paid keeps the price paid, and each new payment follows the price in force, shown before confirmation.

If You do not agree with the new amounts, You may cancel the subscription before the start of the next cycle. Continued use after the new prices take effect will be interpreted as acceptance of the updated conditions.

7.4 | Right of withdrawal and refund policy

Users in Brazil. Under art. 49 of the Brazilian Consumer Protection Code (Law No. 8,078/1990, CDC), You may exercise the right of withdrawal within 7 (seven) calendar days from the initial subscription to the paid plan. Once the right is validly exercised within the legal period, the subscription will be cancelled or the period paid with Pix ended, and a full refund of the amount actually paid will be made; the Account returns to the Free plan.

How to exercise it. Simply notify the withdrawal at [email protected] or [email protected] within the period. The refund is processed through the same payment method used, except for boleto, which does not allow reversal: in that case, it is made by bank transfer or Pix to an account held by the payer, whose details You will provide to us. The time for the credit to actually appear depends on the card issuer or the financial institution.

The right of withdrawal applies exclusively to the initial subscription to each plan and does not automatically apply to successive renewals, including those made by a new Pix payment, unless otherwise provided by law. In a change to a higher plan, it covers the amount paid for the change.

Users outside Brazil. Payments are non-refundable once use of the Service has begun, except where mandatory local law provides otherwise, in the event of a material failure attributable exclusively to Tracknana, or substantial and prolonged unavailability of the Service. Exceptional requests may be assessed individually, without setting a precedent.

7.5 | Invoicing, tax documents and taxes

For each confirmed payment, Tracknana will issue an Electronic Service Invoice (NFS-e), including for Users abroad, sent to the registered email.

Subscription by a legal entity. For the invoice to be issued in the company's name, provide the CNPJ and the corporate name at [email protected] or via WhatsApp +55 44 99737-2685. When payment is made by boleto or Pix with a CNPJ, we will use the CNPJ provided to Stripe. Without that information, the invoice is issued without identifying the customer.

The advertised prices may not include applicable taxes. Taxes, exchange fees, bank charges and local taxes may be added according to the User's jurisdiction, and You are responsible for paying any taxes required by local tax authorities.

You undertake to provide correct, complete and up-to-date tax information for the purposes of issuing documents and regulatory compliance.

7.6 | Late payment, suspension and collection

This Section applies to subscriptions by card or boleto. A plan paid with Pix is paid in advance and creates no debt: at the end of the period, the Account returns to the Free plan.

Non-payment on the due date will automatically incur a fine of 2% (two percent) on the overdue amount, plus late interest of 1% (one percent) per month, calculated pro rata die, regardless of notice or judicial demand.

Tracknana may suspend access to the Service while there is an outstanding debt, without prejudice to the collection of charges and other appropriate legal measures. Overdue amounts may be increased by monetary adjustment according to the legally applicable index and by administrative, banking or procedural costs or applicable attorneys' fees.

A payment dispute with the bank or card issuer, including through the Pix Special Return Mechanism (MED), immediately ends access to the paid plans.

Suspension or cancellation for late payment does not affect Tracknana's right to collect judicially or extrajudicially. Any tolerance regarding delays, renegotiations or temporary suspension of charges will not constitute a waiver of rights or contractual novation.

7.7 | Plan limits and automatic record cycling

Each plan has a maximum limit of sales and lead records stored per Dashboard, as specified on the pricing page. Customer profiles with no remaining record are deleted along with them, and the link history keeps the 5 (five) most recent per Dashboard. The limit applies individually to each Dashboard in Your Account.

Once the limit is reached, the oldest record in that Dashboard is automatically deleted to make room for the most recent one, under a continuous cycling rule (FIFO). The deletion is permanent and cannot be recovered.

Regardless of the plan limit, each sale or lead is deleted 24 (twenty-four) months after its creation, whichever comes first, as set out in Section 12 of the Privacy Policy.

Limits in force on the date of publication:

Preserving records. The Dashboard and the mobile app offer, at any time and at no additional cost, CSV export of your leads, sales and customer profiles, with enough capacity for the complete set of any plan. If You wish to keep these records beyond the limits above, it is your responsibility to export them before cycling or before the period elapses.

For the other categories of data in Your Account, the portability procedure in Section 14.4 applies.

Without prejudice to the availability of export, Tracknana is not liable for the loss of records deleted by cycling or by the lapse of the 24-month period.

On the Enterprise plan, limits higher than those in the table, including for Dashboards, webhook receivers, monitored campaigns and rules, can be contracted on request, under conditions negotiated in writing.

Changing plans may modify the applicable limits. Moving to a lower-capacity plan results in the deletion of the excess records, starting when the next record is received.

Resources over the limit after a plan downgrade. Pixels, conversion datasets, webhook receivers and monitored campaigns that exceed the new limit are paused, not deleted: the oldest in each Dashboard remain active, up to the limit. A paused Pixel collects nothing and writes nothing to the visitor's browser; a paused receiver rejects events, and the sales and leads sent to it are neither received nor recorded; a paused dataset receives no conversions; a paused campaign generates no alerts. To choose what stays active, pause Pixels, which keeps the token and settings, remove datasets, which can be added again later, or delete older receivers or campaigns. Items paused by the plan are marked in the Dashboard. The automatic pause due to a plan change may take up to 5 (five) minutes to take effect. Returning to a plan that accommodates them, they work again.

7.8 | Net values module

The Service allows You to enter the tax withheld on your sales, the fixed fee charged by the checkout platform, your commission when You act as an affiliate, and the rate applied to ad spend. Based on this, revenue, profit and return indicators are shown with those amounts already deducted.

7.8.1 Nature of the values. The figures produced by this module are estimates for traffic management, calculated from percentages You enter yourself.

They do not constitute a tax or accounting assessment, do not issue or replace tax documents, and do not take into account the tax regime, the legal calculation base, withholding at source or tax credits. They do not constitute tax, accounting or legal advice. Checking them against the statements of the payment platform and the ad network is your responsibility.

7.8.2 Responsibility for accuracy. The percentages and amounts are typed in by You and applied as entered. Their correctness is your sole responsibility.

7.8.3 Retroactivity. Each order records the percentages in force on the date it arrived, and the gross amount reported by the payment platform is never changed. As a result:

• Setting a percentage for the first time applies to earlier orders that had none. You will see historical figures change once, right after the first setting. This is the expected behaviour.
• Changing a percentage already set does not apply to the past. Earlier orders keep the percentage of their own day.
• The rate on ad spend is an exception: since there is no historical record of spend per day, the rate in force is applied to the whole period shown, including past periods.

7.8.4 Currency conversion. When the fixed fee is charged in a currency different from the order's, the conversion uses the exchange rate in force on the order date, obtained from an external source, and is not recalculated later. The amount may differ from the exchange rate actually applied by the payment platform. If no exchange rate is available, the fee is not recorded on that order.

7.8.5 Orders without value. The fixed fee is only deducted from orders with a value. Abandoned carts, free products and boletos that were only issued do not show a fixed fee as a deduction.

7.8.6 Availability by plan. Setting the percentages requires the Solo plan or higher; viewing the net values is available on any plan. When moving to a lower plan, the configured percentages are preserved and the figures continue to be shown net; only editing is no longer available.

7.8.7 Confidentiality. The percentages and amounts You configure reveal your commercial conditions and are treated as Your confidential information. They are not shared with ad or payment platforms. When You use the AI Assistant, the rate on ad spend and the resulting tax form part of the summary sent to OpenAI, which acts as Processor (Section 9).

Caveat. The value transmitted as a conversion to ad platforms is the gross sale amount; the net amount and the configured deductions are not transmitted.

8 | RESPONSIBILITY IN DATA PROCESSING

You acknowledge that the Service has features that involve integration with third-party platforms, receiving events, processing data, tracking campaigns, monitoring metrics and operational storage of information linked to the integrations You set up.

Data processing will comply with these Terms, the Privacy Policy, the Data Processing Agreement (“DPA”) and applicable law, especially the Brazilian General Data Protection Law (Law No. 13,709/2018, LGPD).

8.1 | Technical and operational principles

• Campaign data and analytics metrics may be accessed in real time via the official APIs of the respective providers
• Limited snapshots of aggregated metrics may be stored temporarily for analytics, monitoring and alert features
• Creative assets and certain data retrieved via API may only be displayed, without being stored
• Data received by webhook may be stored to enable lead, customer and automation features, subject to the limits in Section 7.7
• Artificial intelligence features may use limited subsets of aggregated data
• Certain features will depend on the availability, permissions and technical limitations imposed by third-party services

Tracknana does not guarantee the continuous availability or immutability of third-party integrations.

8.2 | Definition of responsibility

The parties' roles in data processing vary according to the feature used.

Tracknana will act as Controller with respect to Account sign-up, authentication and security, invoicing and billing, contract management, technical support, operational monitoring, fraud and abuse prevention, internal Service metrics, the AI Assistant and compliance with legal and regulatory obligations.

Tracknana will act as Processor when You use the Tracknana Pixel, attribution sessions, webhook receiving, lead management, customer data aggregation, event tracking, conversion sending to ad platforms and integrations with ad platforms.

In the Microsoft Clarity integration, Tracknana does not process third-party personal data: we receive only aggregated metrics from the project You linked. The collection takes place on Your pages, by Microsoft, as an independent controller in relation to You.

In these cases, You will be considered the Controller of the data, remaining solely responsible for: defining the purposes of processing; establishing the applicable legal basis; obtaining the necessary consents; fulfilling transparency duties; responding to data subjects; ensuring the legitimacy of the collection; and ensuring the regulatory compliance of the operation carried out.

You declare and warrant that You have all the authorizations, permissions, legal bases and rights necessary for processing the data entered, transmitted or processed through the Service.

Tracknana does not perform individualized review of the operations conducted by Users and has no obligation to validate in advance the legal compliance of campaigns, integrations, scripts, pages, forms or collection mechanisms.

8.3 | Use of the Tracknana Pixel tool

By implementing the Tracknana Pixel, You expressly declare, acknowledge and agree that You:

• Act as Controller of the data collected on your pages
• Acknowledge that Tracknana acts as Processor of the data processed on your behalf
• Have legitimate authority to install scripts and tracking mechanisms on the pages where the Pixel is implemented
• Have obtained in advance all the authorizations, consents and legal bases required by applicable law
• Will maintain a privacy policy compatible with the use of the Pixel
• Will adequately inform visitors about the collection and processing carried out
• Will use the Pixel exclusively for legitimate purposes related to digital marketing, metrics, tracking and commercial management

It is expressly prohibited to use the Tracknana Pixel for unlawful data collection, covert monitoring, unauthorized tracking, processing of sensitive data without an adequate legal basis, discriminatory practices, fraudulent activities, privacy violations or operations contrary to applicable law.

You further undertake to adopt reasonable security measures, report relevant security incidents and cooperate with regulatory requests related to the data under your control.

Tracknana has no technical obligation to continuously monitor how the Pixel is implemented, nor to individually audit pages, campaigns, forms or collection flows.

Without prejudice to other measures, Tracknana may suspend access to the Pixel if it identifies signs of unlawful use, violation of these Terms, regulatory non-compliance, operational or reputational risks, abusive use or a judicial or administrative order, subject to the procedure in Section 10.2.1, except in cases of urgency.

You undertake to defend, indemnify and hold Tracknana harmless from any claims, losses, damages, sanctions, judgments, costs or expenses arising from improper use of the Pixel, the absence of a valid legal basis, irregular data collection, non-compliance with applicable law, violation of third-party rights or inadequate implementation in your digital environments.

8.4 | Webhook endpoints and confidentiality of credentials

The webhook receiving addresses generated by the Service contain a secret identification token, which works as an access credential. The Pixel token, by contrast, is public by nature, as it sits in the code of Your pages; it is protected by the restriction to the domains You authorize, by rate limiting and by checking the consistency of events.

You acknowledge that whoever holds the webhook address will be able to send events to Your Dashboard, and You undertake to: keep it confidential; not publish it in public repositories, accessible pages or third-party channels; and, if You suspect exposure, immediately delete the receiver and create another, which generates a new address without losing the sales already received.

Tracknana is not liable for false, inconsistent or fraudulent events received as a result of the address being exposed by You or by third parties under your responsibility.

8.5 | Sending conversions to ad platforms

When You enable campaign optimization, Tracknana transmits events to ad platforms, including browsing events of every visitor to Your pages and refund and chargeback events, through the respective Conversions APIs, acting as Processor on your instruction.

You expressly acknowledge that, in this sending, the buyer's data converted into a hash (email, phone, name and identifier) is transmitted, as well as the location (country, state and city, and the postal code when declared by the buyer), also hashed, and, as a technical requirement of the receiving platform, the visitor's IP address and User-Agent in non-encoded form, in addition to ad click identifiers, the page address without query parameters and the transaction data, including the product name, the amount and the order identifier.

By enabling the feature, You declare that You have an adequate legal basis for this sharing and have given data subjects the information required by applicable law. The feature is optional and can be disabled at any time.

8.6 | Sensitive data by inference

The product name, page URL and campaign parameter fields transmitted to the Service are free text, defined by You and by the platforms You configure.

You acknowledge that such fields may reveal, by inference, information about the data subject's health, religious belief, political opinion, trade union membership or sex life, turning the record into sensitive personal data under art. 11 of the LGPD.

The automatic filters applied by Tracknana remove document and card patterns from the buyer's name and phone fields, and any personal data pattern from the transaction and campaign identifiers and the UTM parameters. The product name is not filtered, as it is essential to identifying the sale, and no filter detects sensitive data revealed by inference. When campaign optimization is active, the product name is also sent to the ad platform, under Section 8.5.

You declare and warrant that You have an adequate legal basis for processing any sensitive data arising from your products, pages or campaigns, and take full responsibility for that compliance.

9 | USE OF ARTIFICIAL INTELLIGENCE

The Service offers the Campaign AI Assistant, a feature based on a language model intended for the automated analysis of metrics related to the advertising campaigns You have linked.

The Assistant uses the GPT-4o-mini model, provided by OpenAI, to generate analyses of campaign performance over the last 30 (thirty) days. You acknowledge that the use of the feature depends on automated processing performed by a third party's technological infrastructure, integrated with the Service via API.

9.1 | Purpose

The Assistant has an exclusively analytical, operational and informative purpose. The feature is not intended for automated decision-making, issuing specialized technical opinions, financial consulting, guaranteeing commercial performance, individualized professional validation or replacing specialized human analysis.

9.2 | Privacy and data processing

By using the Assistant, You acknowledge that Tracknana acts as Controller of the data used in the feature and OpenAI as Processor of the data transmitted via API.

The following are transmitted to OpenAI: aggregated metrics, statistical data, campaign identifiers and names, the Dashboard name, the rate on ad spend and the resulting tax, the messages You write to the assistant and the recent conversation history.

Tracknana applies an automatic filter intended to remove personal data patterns from the content sent. Even so, You must not enter third-party personal data, such as buyers' names, emails, phone numbers or documents, in the messages sent to the Assistant, nor in campaign names, and You answer for the content You enter.

Use takes place through OpenAI's API interface, which is why, under the conditions applicable to that use, the data processed is not used for training or improving OpenAI's public models.

9.3 | Nature of the generated answers

You acknowledge that the Assistant operates through probabilistic and automated systems and may generate answers containing inaccuracies, inconsistencies, misinterpretations, omissions, incomplete analyses or unexpected results.

The answers provided do not constitute a guarantee of results, do not replace specialized human analysis, do not represent professional consulting, have no binding legal, financial, accounting or strategic nature, and do not constitute a performance obligation on Tracknana's part.

Use of the analyses, suggestions and interpretations is at your sole responsibility.

Tracknana may, at any time, modify technical parameters, replace the model used, temporarily suspend the feature or discontinue the Assistant, in the latter case with prior notice.

9.4 | Artificial Intelligence Mapping

Tracknana uses artificial intelligence technology in the Service. This mapping describes the purposes, the identified risks and the safeguards applied, in line with good AI governance practices and in anticipation of Bill No. 2,338/2023 (Brazilian Legal Framework for Artificial Intelligence), approved by the Federal Senate and currently under consideration in the Chamber of Deputies.

a) System used. The GPT-4o-mini model, developed and operated by OpenAI, L.L.C., accessed through an application programming interface (API).

b) Purpose. Analysis of aggregated metrics of the User's advertising campaigns to generate interpretations, optimization suggestions and performance summaries. The system makes no autonomous decisions with legal or significant effects on the User.

c) Data processed. Snapshots of aggregated daily metrics for the last 30 days and recent hourly detail, by platform; identifiers and names of the 25 campaigns with the highest spend; the Dashboard name; the rate on ad spend and the resulting tax; the messages written by the User to the Assistant and the recent conversation history. The data is aggregated and pseudonymized, not anonymized: Tracknana applies an automatic filter intended to remove personal data patterns from the content sent, but the effectiveness of that filter depends on the content the User enters in messages, campaign names and the Dashboard name.

d) Nature of decisions. The feature is strictly assistive and informative. All campaign decisions remain under the User's exclusive control. There is no automated decision-making with legal or similarly significant effects on any person, under art. 20 of the LGPD.

e) Identified risks and mitigations:

• Model inaccuracy or hallucination. Outputs may contain errors. Mitigation: answers are presented as informative suggestions, with an express notice that they do not replace professional judgement, under Section 9.3.
• Exposure of personal data. The transmission to OpenAI may contain personal data entered by the User. Mitigation: sending limited to aggregated metrics; an automatic pre-send filter for personal data patterns; an express warning to the User in Section 9.2; and exclusive use of the API interface, under OpenAI's Data Processing Addendum, with a prohibition on using the data to train the public models.
• Misuse of the feature. The Assistant must not be used to generate misleading, discriminatory or illegal advertising content. Mitigation: express prohibition in Section 10.1, with the User solely responsible for the use of the generated recommendations.
• Dependence on a single supplier. The feature depends on OpenAI's availability. Mitigation: the feature is ancillary and its unavailability does not compromise the Service's other features.

f) Transparency and contestation. You may, at any time, choose not to use the Assistant, without affecting access to the other features. Since the Assistant makes no decisions, but only presents analyses that You evaluate, there is no automated decision to be reviewed under art. 20 of the LGPD. If You believe a model output has had a relevant effect, You may request clarification at [email protected].

g) Updates. This mapping will be reviewed whenever there is a relevant change in the AI system used, in the processing purposes or in applicable law.

10 | ACCEPTABLE USE POLICY AND REPORTS

You undertake to use the Service ethically, lawfully and responsibly, in accordance with these Terms, applicable law, third-party rights and the principles of good faith.

Use of the Service for unlawful, abusive, fraudulent, offensive or misleading purposes, or purposes that may compromise the technical, operational, regulatory or reputational integrity of Tracknana, third parties or other Users, is expressly prohibited.

Tracknana may monitor signs of abusive, irregular or potentially unlawful use, exclusively to the extent necessary to protect the infrastructure, prevent fraud, ensure operational security, comply with legal obligations, investigate violations and protect its own rights and those of third parties.

10.1 | Prohibitions

Without prejudice to the restrictions in Section 4, it is expressly prohibited to:

• Use the Service in breach of laws, regulations or administrative orders
• Interfere with, degrade, overload or compromise the stability, integrity or availability of the Service
• Transmit malware, viruses, ransomware, malicious code or content intended to compromise systems
• Bypass authentication, security, technical limitation or access control mechanisms
• Use webhook, tracking, API or integration features for unlawful data collection
• Use the Tracknana Pixel without complying with transparency, consent and data protection obligations
• Use the AI Assistant to generate illegal, fraudulent, discriminatory, misleading or offensive content
• Use the Service for activities that may expose Tracknana to regulatory, civil, administrative or criminal liability

10.2 | Reporting channel

Tracknana provides an official reporting channel at [email protected], through which third parties or interested persons may report a suspicion or proof that Users are using the Service for unlawful, criminal or abusive practices, as well as report violations of these Terms, improper use of the Service, security incidents, intellectual property violations, data protection complaints and regulatory complaints.

The report must contain:

• The reporter's full name
• Contact email and phone number
• A declaration that the information provided is true, under penalty of law
• Identification of the reported User, by email, account ID or other available data
• A detailed, chronological description of what happened
• The category of the violation (fraud, phishing, misuse of data and others)
• Available evidence, such as screenshots, emails or relevant documents

The reporter undertakes to act in good faith. Manifestly abusive, fraudulent or defamatory reports, or reports made for an unlawful purpose, may give rise to civil, administrative or judicial liability of the reporter.

Once a report is received, Tracknana will open an internal administrative procedure to investigate it. The investigation and enforcement measures adopted constitute an obligation of means, not of result.

10.2.1 | Administrative procedure before suspension or deletion

In the event of a formal report or internal identification of use of the Service for unlawful or abusive purposes or in serious violation of these Terms, Tracknana will adopt the following procedure before applying a sanction of suspension or permanent deletion:

1. Notification: You will be notified by email of the opening of the procedure, the nature of the conduct under investigation and the deadline for responding
2. Defence period: You will have 5 (five) business days, counted from receipt of the notification, to present a defence and produce evidence
3. Reasoned decision: after reviewing the defence or once the period has elapsed without a response, Tracknana will issue a reasoned decision
4. Appeal: against a decision applying suspension or permanent deletion, You may file an administrative appeal to [email protected] within 5 (five) business days, whose decision will be final within the Company

In cases of unequivocal seriousness, urgency or imminent risk to third parties, Tracknana reserves the right to preventively suspend access while the procedure is ongoing, with subsequent notification and the right of defence guaranteed.

Permanent deletion for unlawful use will not give rise to a refund of amounts already paid.

10.2.2 | Channel for public authorities

Tracknana cooperates with police, administrative and judicial authorities upon valid and reasoned requests. All official communications must be sent exclusively to [email protected].

For security and traceability purposes, the request must contain, at a minimum:

• Identification of the requesting body and the signing authority
• The procedure number (investigation, administrative or judicial proceeding)
• An objective specification of the data requested
• The legal grounds supporting the request

Manifestly generic or technically unfeasible requests, or requests that exceed legal limits, may be subject to clarification, limitation or justified refusal. Tracknana will limit what it provides to what is strictly necessary, in accordance with the principle of data minimization.

11 | AVAILABILITY AND OPERATIONAL LIMITATIONS

You acknowledge that the Service is technological in nature, integrated with multiple infrastructures, APIs, external providers and third-party systems, and may be subject to technical limitations, temporary unavailability, operational failures, interruptions, fluctuations or events beyond Tracknana's reasonable control.

The Service is provided “as is” and “as available”, without express or implied warranties of uninterrupted availability, absence of failures, continuous performance, universal compatibility, absolute accuracy, fitness for a particular purpose, absence of vulnerabilities or commercial results, subject to Section 12.2 regarding mandatory rules, which includes the legal warranty of fitness guaranteed to consumers by the Brazilian Consumer Protection Code, which cannot be excluded by contract.

Business decisions made based on data, metrics, integrations, reports, automated analyses or artificial intelligence features are at your sole responsibility.

11.1 | Availability of the Service

Tracknana will use commercially reasonable efforts to keep the Service operational, secure and accessible, but does not guarantee continuous availability. The Service may suffer temporary unavailability, scheduled interruptions, corrective, preventive or evolutionary maintenance, infrastructure failures, operational slowness, temporary loss of connectivity, technical limitations and partial unavailability of features.

Whenever reasonably possible, scheduled maintenance may be announced in advance, without this constituting a contractual obligation.

You acknowledge that no digital service is entirely immune to technical failures, security incidents, cyberattacks, network interruptions or force majeure events.

11.2 | Failures and third-party services

The operation of the Service depends on integrations, APIs, external providers and third-party services. Tracknana has no control over the availability of external APIs, changes made by third parties, technical limitations of integrated platforms, external operational policies, revocation of permissions, account blocks, suspension of integrations or the accuracy of data provided by third parties.

Consequently, Tracknana is not responsible for failures, losses, inconsistencies or unavailability resulting from interruptions in third-party services, API changes, blocks imposed by external platforms, hosting provider failures, unavailability of payment services, AI provider failures, errors originating in integrated platforms or inconsistent metrics from third parties.

You acknowledge that metrics, statistical data and analytical results shown in the Service may be subject to discrepancies, delays, limitations or inconsistencies arising from the source platforms themselves.

Source attribution. So that a sale is not left unattributed when the buyer arrives through a confirmation link instead of the ad, the Service may reconstruct the source from earlier records of the same transaction. As a result, the source shown may not be exactly the one reported by the payment platform, but rather the source the Service reconstructed, and the provenance of each attribution is recorded.

Attribution by matching. Sales that arrive without an identified campaign, but with a Meta click identifier, may be attributed to the ad that Meta's aggregated reports credited with a matching purchase. This attribution is an estimate, is marked as such and may be revised with each new reading of the reports. It is not information declared by the buyer or by the payment platform, and You must not treat it as such.

Refund requested. Orders for which the buyer has opened a refund request with the payment platform are shown with that status and do not trigger a conversion to the ad platform.

Test sales. Orders marked as tests, including those created by funnel validation, are excluded from the revenue, conversion and abandoned cart totals.

12 | LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Tracknana's total, aggregate and cumulative liability arising from or related to these Terms, the Service, the integrations provided or any features offered will be limited to the greater of the following amounts:

• The amount actually paid by You to Tracknana in the 12 (twelve) months immediately preceding the event that gave rise to the claim; or
• The equivalent of USD 100.00 (one hundred US dollars), converted at the official exchange rate on the payment date

You acknowledge that the prices charged take into account the contractual allocation of risks set out in these Terms and that the limitations of liability are an essential element of the contractual relationship.

12.1 | Exclusion of consequential damages

To the maximum extent permitted by applicable law, Tracknana will not be liable for indirect, incidental, special, exemplary, punitive or consequential damages arising from or related to the use of the Service, including, without limitation: loss of profits, revenue, turnover, data, leads, campaigns, business opportunity, contracts, goodwill or productivity; business interruption; reputational or image damage; operational unavailability; integration failures with third parties; and losses arising from business decisions made by You.

Tracknana will also not be liable for damages arising from acts or omissions of the User, inappropriate use of the Service, third-party failures, force majeure events, cyberattacks, network interruptions, security incidents caused by third parties or improper use of access credentials.

12.2 | Jurisdictional limitations and mandatory rules

Certain jurisdictions do not allow the exclusion or limitation of certain warranties, damages or liabilities. In such cases, the limitations set out in these Terms must be interpreted and applied to the maximum extent permitted by mandatory applicable law.

No provision of these Terms shall be construed as excluding or limiting liability where such limitation is prohibited by a mandatory rule, public policy or imperative legal provision, which includes, for Users who qualify as consumers in Brazil, the guarantees provided by the Brazilian Consumer Protection Code.

If a given limitation is held invalid or unenforceable by a competent authority, the other provisions will remain valid, effective and fully enforceable.

13 | INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tracknana, its partners, officers, employees and service providers, from and against any claims, demands, actions, damages, obligations, losses, liabilities, sanctions, judgments, costs or expenses, including reasonable attorneys' fees and court costs, arising from:

• Your use of or inability to use the Service
• Your violation of these Terms, the Privacy Policy, the Data Processing Agreement or any applicable supplementary policy
• Your violation of any law, regulation or order of a competent authority
• Your violation of third-party rights, including copyright, intellectual property, privacy and data protection rights
• Any data, content or materials You send, transmit, store or make available through the Service
• Any actions performed, by You or on your instruction, in third-party service accounts linked to the Service, including campaign changes, budget changes and automated rules
• Improper use of the Tracknana Pixel, including failure to obtain the necessary consents or to properly inform visitors to your pages
• Configuring webhook receivers for platforms or accounts over which You have no legitimacy, as well as exposing the respective address, under Section 8.4
• Enabling conversion sending to ad platforms without an adequate legal basis or without properly informing data subjects, under Section 8.5
• Processing sensitive personal data, including by inference, without an adequate legal basis, under Section 8.6
• Linking a Microsoft Clarity account, or any other third-party service, over which You have no legitimacy
• Any third-party claim, including from visitors to your pages, your buyers, integrated platforms and regulatory authorities, arising from use of the Service in breach of these Terms or applicable law

Tracknana will notify You, within a reasonable period, of any claim subject to this clause, and may, at its discretion, take over the conduct of the defence, in which case You will provide the cooperation reasonably necessary. You will not enter into any settlement that imposes an obligation or admission of liability on Tracknana without its prior written consent.

This clause does not apply to the extent that the claim arises from conduct solely attributable to Tracknana, nor where applicable law prohibits the transfer of liability, which includes, for Users who qualify as consumers in Brazil, the limitations of the Brazilian Consumer Protection Code.

This obligation survives the closure of the Account and the termination of these Terms.

14 | TERMINATION, ACCOUNT DELETION AND PORTABILITY

These Terms will remain in force while You maintain an active account, use the Service or have an operational relationship linked to Tracknana's infrastructure.

14.1 | Termination by the User

You may cancel your subscription, stop using the Service or request the deletion of your Account at any time, through the features available in the Dashboard or through the official channels.

A deletion request will result in the permanent end of access and the removal of the data linked to the Account, subject to applicable legal and regulatory obligations.

Active subscription. If there is an active subscription at the time of the request, Tracknana will automatically request its cancellation from the payment provider before completing the deletion. If that communication fails due to technical unavailability, the deletion of your data will be carried out anyway, retaining only the subscription identifier with the provider until the cancellation is confirmed, so as to ensure that You are not charged for a service You no longer use.

You acknowledge that certain data may remain temporarily stored in encrypted backups, security records, operational logs, contingency systems and databases necessary to comply with legal obligations or for the regular exercise of rights, for the periods indicated in Section 12 of the Privacy Policy.

14.2 | Termination or suspension by Tracknana

Tracknana may suspend, restrict or terminate access to the Service, subject to the procedure in Section 10.2.1, when it finds a violation of these Terms, non-compliance with the Acceptable Use Policy, late payment, fraudulent, abusive or unlawful activity, improper use of the Service, operational, technical, regulatory or reputational risk, violation of third-party rights, use incompatible with the purpose of the Service, attempted improper access to the infrastructure or use in breach of applicable law.

Tracknana may also close accounts in cases of commercial discontinuation of the Service, operational or economic unfeasibility, legal or regulatory requirement, judicial or administrative order, or prolonged inactivity of the Account for more than 12 (twelve) months, with prior notice to the registered email.

Suspension or termination by Tracknana does not give rise to an automatic right to indemnification, compensation or a proportional refund of amounts already paid, except as provided by applicable law.

14.3 | Effects of termination

Upon termination of these Terms or deletion of the Account, linked integrations, APIs, webhooks, scripts and features may be deactivated; integration tokens will be deleted from our systems and we will ask the ad platforms to revoke the authorizations granted, under the terms and with the exceptions of Section 17 of the Privacy Policy, and You may, in any case, remove them in each platform's dashboard; paid features will be discontinued; and operational data will be removed according to the applicable retention policies.

Termination does not affect outstanding financial obligations, liabilities arising from acts performed while the Terms were in force, rights related to intellectual property, limitation of liability clauses, data protection provisions, confidentiality duties, indemnification obligations and other provisions that, by their nature, must remain in force after the end of the contractual relationship.

14.4 | Data portability

Under applicable law, You may request a copy of certain personal data linked to your Account, in a structured, commonly used and machine-readable format.

Leads, sales and customer profiles can be exported directly by You, in CSV format, from the Dashboard or the mobile app.

For the other categories of data, the request must be sent to [email protected] or [email protected] and will be fulfilled free of charge, within 15 (fifteen) days, subject to identity verification.

The request may be subject to verification of the requester's identity, the reasonable technical limitations of the Service, the protection of trade secrets and intellectual property, the preservation of third-party rights and the restrictions provided for in applicable law.

Tracknana may refuse requests that are manifestly abusive, excessive, technically unfeasible or incompatible with legal and regulatory obligations.

15 | CHANGES TO THE SERVICE AND TO THE TERMS

Tracknana may modify features, replace technologies, make structural changes and partially or entirely discontinue the Service, for technical, operational, regulatory, commercial or security reasons or as a result of changes made by third-party suppliers and services.

Whenever reasonably possible, relevant changes will be communicated in advance.

15.1 | Changes to these Terms

Materially relevant changes will be communicated at least 30 (thirty) days in advance, by registered email, notification in the Dashboard, notices within the Service or communication on official channels.

Non-substantial changes, such as operational adjustments, wording corrections, technical adaptations or regulatory updates, may take effect immediately after publication.

The most up-to-date version will remain available on the official channels, and previous versions will remain accessible for consultation, with their respective effective dates.

Continued use of the Service after the changes take effect will be interpreted as acceptance of the updated version. If You do not agree, You must stop using the Service and request the closure of the Account.

16 | GOVERNING LAW AND DISPUTE RESOLUTION

These Terms will be governed, interpreted and enforced in accordance with the laws of the Federative Republic of Brazil, regardless of conflict of laws or private international law provisions.

International use of the Service does not exclude the application of Brazilian law, without prejudice to any mandatory consumer protection rules applicable in the User's jurisdiction.

16.1 | Venue

The courts of the District of Mamborê, Paraná are chosen to settle any disputes arising from these Terms, the Service or the contractual relationship.

The choice of venue does not affect the consumer's right to opt for the courts of their domicile, where applicable and guaranteed by consumer protection law.

16.2 | Dispute resolution

The parties undertake to seek a consensual, good-faith solution to any disputes, preferably through the following steps:

A. Informal resolution. You must first contact us through the official channels, including [email protected], describing the dispute in detail. The parties will use reasonable good-faith efforts to reach an amicable resolution within 30 (thirty) days from the first formal contact.

B. Mediation. If informal resolution is not possible, the parties may, by mutual agreement, submit the dispute to out-of-court mediation before a mutually chosen independent mediator. Participation in mediation will not prevent the adoption of urgent judicial measures.

C. Judicial proceedings. If the dispute persists, it may be submitted to the competent courts, subject to the chosen venue and the applicable legal provisions.

16.3 | Consumer protection rights

No provision of these Terms shall be construed as a waiver, limitation or exclusion of mandatory rights guaranteed to the User by applicable consumer protection law.

If any provision is found to be incompatible with a mandatory consumer protection rule, the interpretation most compatible with the law applicable to the specific case will prevail.

16.4 | Individual conduct of disputes

To the maximum extent permitted by applicable law, You agree that any disputes related to the Service will be conducted individually, and agree not to participate, as plaintiff, representative or member, in class actions, representative actions or consolidated proceedings related to the Service.

This provision does not apply where such limitation is prohibited by applicable law or held unenforceable by a competent authority, which expressly includes the collective redress mechanisms guaranteed by Brazilian consumer protection law. If the provision is held invalid in a given jurisdiction, the others will remain valid and effective.

17 | GENERAL PROVISIONS

17.1 Severability. If any provision is held invalid, illegal, void or unenforceable by a competent authority, it will be interpreted to the maximum extent permitted by applicable law, preserving its original economic and legal purpose. Partial invalidity will not affect the validity and effectiveness of the other clauses.

17.2 Waiver. Any tolerance, omission, delay or failure by Tracknana to exercise any rights or prerogatives will not constitute a waiver, novation or abandonment. No waiver will be valid unless expressly formalized in writing. The partial exercise of any right will not prevent its later full exercise.

17.3 Entire agreement. These Terms, together with the Privacy Policy, the Data Processing Agreement, the Cookie Policy, the specific terms of plans and features, the commercial conditions on the official pricing page and any supplementary policies published, constitute the entire agreement between the parties regarding the Service, superseding prior understandings, negotiations or agreements related to its subject matter.

17.4 Assignment and transfer. You may not assign, transfer, sublicense, delegate or transmit, in whole or in part, any rights or obligations arising from these Terms without Tracknana's prior express authorization. Tracknana may assign, transfer, reorganize, merge or succeed these Terms upon notice within an adequate period, subject to Section 11.4 of the Privacy Policy.

17.5 Force majeure and unforeseeable events. Tracknana will not be liable for failures, delays, unavailability or non-performance arising from circumstances beyond its reasonable control, including power failures, internet unavailability, cyberattacks, weather events, natural disasters, strikes, armed conflicts, government acts and regulatory changes. During such events, the affected obligations may be suspended for the period necessary to restore normal operations.

17.6 Prevailing language. These Terms may be made available in other languages for convenience. For Users in Brazil, in case of discrepancy, the Portuguese version will prevail. For Users in other jurisdictions, Tracknana may make an English version available as prevailing for international interpretation purposes.

17.7 No relationship and no third-party beneficiaries. These Terms do not create a partnership, joint venture, agency, employment relationship, franchise, mandate or fiduciary relationship between the parties. Unless expressly provided otherwise, no person who is not a party to these Terms will have third-party beneficiary rights.

17.8 Procedural agreement. Under art. 190 of the Brazilian Code of Civil Procedure (Law No. 13,105/2015), the parties acknowledge and agree that formal communications related to the contractual relationship may be made by electronic means.

You agree that notifications, contractual communications and operational notices may be sent to the email address provided at sign-up, and are presumed received on the first business day following the regular electronic sending. To the maximum extent permitted by applicable law, and without prejudice to mandatory rules of procedural law and consumer protection, this form of communication may be considered valid between the parties.

17.9 Keeping contact details up to date. You are responsible for keeping your email address up to date, as it is the main means of communication between the parties.

18 | CONTACT INFORMATION

Company: Tracknana Software Development Ltda.
Trade name: Tracknana
CNPJ: 66.059.324/0001-03
Headquarters: Mamborê, Paraná, Brazil
General email: [email protected]
Legal and authorities email: [email protected]
WhatsApp (support): +55 44 99737-2685
Website: www.tracknana.com

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