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Terms of Service

10 January 2025

These Terms and Conditions ("Terms") apply to your use of the TG Tracker platform and website located at https://tgtracker.io (the "Site"), operated by Track Partners. This Site is a CRM & Attribution platform.

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.

The DPA forms an integral and binding part of these Terms and Conditions. By using the Site, the User acknowledges that they have read, understand, and agree to be bound by the DPA, which is incorporated herein by reference. The DPA can be viewed here: https://tgtracker.io/legal/dpa

These Terms include material legal representations, warranties, and obligations, including in Section 22 (Customer Declaration and Warranty) and in the DPA. Your right to use the Services is expressly conditioned on your acceptance of these provisions. Please read them carefully.

1. Definitions

  1. User / You / Account Holder: refers to any individual or entity who creates an account on the Site and agrees to be bound by these Terms and Conditions.

  2. Telegram Ecosystem: refers to the user-owned Telegram assets (Telegram Bots, Telegram Channels, Telegram Mini Apps, Telegram Personal Accounts)

  3. CAPI: refers to the conversion API(s) provided by platforms such as Meta, Google, TikTok and other platforms.

  4. Ad Provider Account: refers to user accounts in one of the following platforms: Meta, Google, YouTube, TikTok, which allow the user to launch targeted advertising.

  5. End-User: refers to any person who interacts with the User’s Telegram Ecosystem or User’s domains.

  6. End-User Data: refers to personal data collected from End-Users manually by the User or automatically as per User instructions and processed by the company on the User’s behalf in accordance with the DPA.

  7. Data Processing Agreement (DPA): refers to the agreement governing the processing of end-user data by the company.

  8. Company (referred to as either “Track Partners”, "the Company", "We", "Us" or "Our" in this Agreement) refers to Track Partners, 2727 Steeles Ave. West, suite 100, Toronto, ON, M3J 3G9.

  9. Site / Platform: collectively, all pages, services, and features accessible via https://tgtracker.io, or any subdomain of https://tgtracker.io.

2. Intellectual Property

All content published and made available on our Site is the property of the company and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site. Users may not copy, reproduce, distribute, modify, or create derivative works from the Site content without prior written permission.

3. Acceptable Use

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

  1. violate the rights of other users of our Site.

  2. violate the intellectual property rights of the Site owners or any third party to the Site.

  3. hack into the account of another user of the Site.

  4. act in any way that could be considered fraudulent.

  5. post, transmit, or promote any content that is illegal or unlawful in any applicable jurisdiction, or that may be considered inappropriate, harmful, or offensive.

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site without prior notice. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

4. Accounts

When you create an account on our Site, you agree to the following:

  1. You are solely responsible for your account and its security, including passwords and sensitive information.

  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.

We may suspend or terminate your account if you violate these Terms or use the Site unlawfully.

Where reasonably possible, we will provide 24 hours’ notice by email to allow you to address the issue prior to suspension.

We may, however, immediately suspend or terminate access without prior notice if your conduct poses a security risk, may cause harm, or if required by law-enforcement or regulatory authorities.

5. Sale of Services

These Terms and Conditions govern the sale of services available on our Site.

The following services are available to the user on our Site:

  1. connect and manage user’s Telegram ecosystem and interactions of user’s end-users with user’s Telegram ecosystem.

  2. connect existing Ad Provider tracking assets (e.g. Meta Pixel) to automatically attribute in-Telegram actions to user-managed Ad Provider advertisements.

  3. purchase domains, or connect existing domains via Cloudflare.

  4. create redirect pages that allow the Site to capture and match Meta tracking parameters with Telegram user actions, enabling attribution of Telegram events back to the original ad clicks.

  5. create “message flows” which allows the user to instruct how their Telegram Bot(s) will respond to user’s end-users on specific actions.

  6. view and visualize information about user’s end-users, and collected end-user data.

  7. send Telegram app push notifications to user’s end-users, using user’s Telegram bots and creating “message flows”.

  8. communicate with user’s end-users via chat interface on the Site, through user’s Telegram Bots or user’s personal accounts.

  9. integrate user-managed external sources to send events such as purchases back to the Site. The Site can then forward the events to the Ad Provider Account and visualize the events on the dashboard, as per user instructions.

The services will be paid for using Site credits. Pricing for all services is displayed on the Site and may be updated from time to time. Any changes to pricing will apply only to future purchases and will not affect Credits or services already acquired.

All service descriptions, explanations, examples, screenshots, and other materials are provided for general informational purposes only and may not always reflect the most current functionality.

The User acknowledges that the Site is continuously updated and improved, and features may evolve over time. These materials do not constitute a warranty or guarantee of any kind.

TG Tracker does not guarantee the accuracy, completeness, or availability of attribution data, as attribution depends on external systems, user behavior, and factors outside our control.

6. Payments

We accept the following payment methods on our Site:

  1. credit card

  2. cryptocurrency

Payments are processed either through third-party processors such as Stripe or via cryptocurrency networks. For card payments, you provide payment information directly to the processor; We do not store or access those details.

Once a payment is confirmed by the applicable processor or blockchain network, we credit your account with the corresponding Credits.

If a payment is disputed, reversed, fraudulent, or violates any law or these Terms and Conditions, We may cancel the transaction or adjust your Credit Balance.

6.1 Credit-Based System

The Site operates on a credit-based billing system. When you make a payment (a “Top-Up”), you are purchasing a non-refundable and non-transferable digital voucher that is converted into Site credits (“Credits”).

  1. Credits are not real currency, have no monetary value, and cannot be exchanged, withdrawn, or redeemed for cash or any other financial instrument.

  2. Credits are denominated in USD solely for convenience and do not represent actual USD balances.

  3. Unused Credits (“Credit Balance”) can only be spent on services offered within the Site.

  4. For each additional Top-Up, the full voucher value is converted into Credits and added to the user’s existing Credit Balance.

  5. Credits are personal to the account holder and may not be transferred, sold, traded, assigned, or shared between accounts.

We reserve the right to disable, suspend, or limit access to all Site services if a user’s Credit Balance falls below 0 USD, until the balance is brought back to a positive amount.

6.2 Free Credits

Upon creating an account, each User is automatically granted a number of free Credits (“Free Credits”/”FC”). This number of Free Credits depends on whether or not the User registered with a Coupon code (as described in section 18).

  1. Free Credits are promotional in nature.

  2. Free Credits cannot be refunded, withdrawn, transferred, or converted into real currency.

  3. Free Credits count as “spent Credits” when calculating the refund amount.

6.3 Chargebacks for Top-Ups

  1. If a user initiates a chargeback or payment dispute for a processed Top-Up, We may immediately deduct the value of the voucher from the user’s Credit Balance.

  2. If the Credit Balance becomes negative as a result, We may suspend or terminate the account until the balance is restored.

    6.4 Refunds

Refunds may be issued for the unused portion of the User’s prepaid Top-Up payments (“Unused Prepaid Value”). Credits themselves are not refundable. Refund eligibility is determined exclusively by calculating the remaining USD value of prepaid services that has not yet been consumed.

The refundable amount (“Refundable Balance”) is calculated as:

Refundable Balance = Total Real-Money Top-Up Payments Made - USD cost of services already consumed (as determined by the number of Credits spent)

  1. The Refundable Balance is expressed in USD. A User may request any amount up to the Refundable Balance, but not less than 5 USD.

  2. The User may submit no more than one refund request per calendar month.

  3. The User must participate in the refund process in good faith. Any manipulation or exploitation of the system is strictly prohibited.

  4. The User and the company must reasonably cooperate to determine a mutually acceptable refund method. Refunds may be issued via bank transfer, cryptocurrency, or any other reasonable method.

  5. In no event shall the refundable amount exceed the total real-money payments made by the User.

  6. Once the refund method is agreed upon, We have up to 10 business days to issue the refund. Once the refund amount is determined, the corresponding number of Credits, calculated based on the USD value of the refund, will be deducted from the User’s Credit Balance.

We may issue a refund to any User at any time, for any reason, including after account suspension or termination. Nothing in these Terms shall limit Our ability to refund a User at its sole discretion.

7. Consumer Protection Law

Where the Consumer Protection Act, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.

8. Limitation of Liability

We and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

The User acknowledges and agrees that they are solely responsible for compliance with all applicable laws, regulations, and third-party Site policies in connection with their advertising and Site usage. We do not guarantee the legality, effectiveness, or acceptance of any User’s advertising campaigns or actions.

Notwithstanding the foregoing, nothing in these Terms limits or excludes Track Partners’ liability for obligations expressly assumed under the DPA or for any liability that cannot be excluded by applicable law.

Any liability shall be limited to the amount paid by you in the three months preceding the incident

9. Indemnity

Except where prohibited by law, you agree to indemnify, defend, and hold harmless Track Partners, and its directors, officers, employees, agents, subsidiaries, and affiliates, from and against any and all claims, actions, demands, damages, losses, liabilities, and expenses, including legal fees, arising out of or relating to:

  1. your use of the Site;

  2. your violation of these Terms;

  3. your violation of applicable laws or third-party rights; or

  4. any content you submit or actions you take through the Site.

This indemnity survives the termination or suspension of your account.

10. Service Availability

  1. The site targets, but does not guarantee, 99% service availability on a monthly basis.

  2. The User acknowledges that temporary interruptions, maintenance windows, infrastructure failures, third-party outages, or force majeure events may occur.

  3. Service unavailability, delays, data loss, or performance degradation do not constitute grounds for refunds or compensation, except where required by law or for obligations expressly assumed under the DPA.

11. API Usage and Rate Limits:

  1. Users must comply with all API documentation, limits, and usage rules published on our site or communicated privately to the User by the company.

  2. We may implement rate limits, quota restrictions, or access controls at any time to ensure Site stability.

  3. Users may not attempt to bypass rate limits, manipulate usage metrics, access unauthorized endpoints, automate fraudulent interactions, or use the API in any dishonest or deceptive manner.

  4. We may suspend or terminate accounts for violations or suspected abuse of the API.

12. User Responsibilities:

The User is solely responsible for ensuring that all activities conducted through the Site comply with all applicable laws and all relevant third-party terms, including but not limited to:

  1. Telegram Terms of Service

  2. Meta Advertising Policies

  3. Google Ads Policies

  4. TikTok Ads Policies

  5. Any applicable messaging, privacy, or consumer-protection regulations

We are not liable for enforcement actions, penalties, account suspensions, or policy violations incurred by the User.

13. Messaging, Automation, or Communications Tools

  1. Users must obtain all necessary permissions, consents, and legal bases before sending any automated messages, notifications, or communications through the Site.

  2. The Site may not be used to send spam, unsolicited messages, or any communication in violation of applicable anti-spam, privacy, or electronic messaging laws.

  3. Users are fully responsible for message content, frequency, and compliance with all legal requirements, including consent records and opt-out mechanisms.

  4. We may suspend or terminate access for suspected spam or abusive messaging.

14. Applicable Law

These Terms and Conditions are governed by the laws of the Province of Ontario, Canada.

15. Dispute Resolution

Subject to any exceptions specified in these Terms and Conditions, if you and the company are unable to resolve any dispute through informal discussion, then you and the company agree to submit the issue before a mediator. The decision of the mediator will not be binding. Any mediator must be a neutral party acceptable to both you and the company. The costs of any mediation will be paid by the unsuccessful party.

Notwithstanding any other provision in these Terms and Conditions, you and the company agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.

16. Severability

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

17. Changes

Track Partners may amend these Terms at any time. Updated Terms will be posted on the Site with an effective date. Continued use of the Site after the effective date constitutes acceptance. Users are encouraged to review Terms periodically. Material changes will also be notified by: email, posting a notice on our Site, or via popup when logging into the Site.

18. White Label Services

We may offer a White Label version of the Site (“White Label Service”), allowing the User to create a customized version of the TG Tracker dashboard under the User’s own domain, brand name, logo, and designated email addresses for system communications, including but not limited to password reset, registration, and notification emails.

The User acknowledges that, except for the User’s own domains, branding elements and email configurations, all underlying software, code, systems, features, interfaces, infrastructure, and intellectual property remain the exclusive property of the company. The White Label Service grants only a limited, revocable right to use the Site with customized branding and does not transfer any ownership or intellectual property rights to the User.

The User is strictly prohibited from enabling, encouraging, or permitting search engines or automated indexing tools to crawl, index, or list any White Label version of the Site.

Pricing, availability, and specific terms of the White Label Service must be discussed directly with Us and agreed upon privately. We reserve the right to require the execution of a separate written agreement or contract as a condition for providing or continuing to provide the White Label Service.

We may refuse, suspend, or terminate access to the White Label Service at its sole discretion if the User violates these Terms and Conditions, engages in misuse, or fails to comply with any applicable laws or third-party policies.

The User may provide their own Terms of Service and Privacy Policy to their end-users, or alternatively, direct their end-users to the Terms of Service and Privacy Policy published on the Site. In the event of any conflict or inconsistency between the User’s custom terms and the Site’s Terms of Service, the Site’s Terms of Service shall govern and take precedence with respect to the use of the Site.

19. Referrals

At Our discretion, referrers may be provided with referral and coupon codes. New users who register on TG Tracker using a referrer’s coupon code may receive benefits such as a discount on their first Top-Up or additional Free Credits. All users who register with a referrer’s coupon code (“Referred Users”) will be linked to the referrer.

A referral share percentage may be agreed upon with Us, allowing the referrer to receive a percentage of lifetime deposits made by the referred user.

A referred user must not be an existing client, employee, partner, contractor, or internal account of the referrer. Referrals must not be used to circumvent platform rules, create duplicate accounts, or generate self-referral benefits.

We have no claim to referral rewards that have already been paid. We reserve the right to revoke all future referral rewards at any time in cases of suspected fraud, suspicious activity, or attempts to circumvent the rules.

20. Miscellaneous

  1. When a domain is purchased through the Site, it is initially managed under Our registrar account. Users may request that the purchased domain be transferred to their own Namecheap account. We reserve the right to decline any transfer request that would require unreasonable effort. We will have up to 10 business days to process approved transfer requests.

  2. The User is solely responsible for all domain-related costs, including renewal fees and any other expenses associated that can be reasonably attributed to the domain.

  3. All Subusers, Admins, and Linked Organizations of a Root Account are considered part of the Root Account and, for the purposes of this Agreement, shall be treated as a single account and a single User, with all applicable rights, obligations, and restrictions.

  4. To the extent of any conflict or inconsistency between these Terms and the DPA regarding the processing of end-user data, the DPA shall prevail and govern the rights and obligations of the Parties in relation to such data.

21. Contact Details

Please contact us if you have any questions or concerns. Our contact details are as follows:

By email: [email protected]

22. Customer Declaration and Warranty

I DECLARE, REPRESENT, AND WARRANT THAT:

(i) ALL DATA PROCESSING THAT I REQUEST OR PERFORM THROUGH THE SERVICES IS LAWFUL IN ALL APPLICABLE JURISDICTIONS;
(ii) I HAVE OBTAINED ALL REQUIRED CONSENTS, NOTICES, AND OTHER LEGAL BASES FOR THE COLLECTION, USE, SHARING, AND TRACKING OF PERSONAL DATA (INCLUDING VIA COOKIES, PIXELS, SDKS, AND SIMILAR TECHNOLOGIES);
(iii) I AM LEGALLY ENTITLED TO SUBMIT SUCH DATA TO TRACK PARTNERS FOR PROCESSING; AND
(iv) I WILL NOT USE THE SERVICES FOR ANY UNLAWFUL, INFRINGING, DECEPTIVE, OR UNAUTHORIZED PURPOSE.

I ACKNOWLEDGE AND AGREE THAT I AM SOLELY RESPONSIBLE FOR THE DATA I SUBMIT, THE TRACKING CONFIGURATIONS I ENABLE, AND THE INSTRUCTIONS I PROVIDE TO TRACK PARTNERS.

Effective Date: 10th day of January, 2025