1. This agreement
These Terms are between TODO: registered company name (“we”, “us”), registered at TODO: registered address, TODO: country of registration, and the person or organisation that opens an account (“you”). Using the service means accepting them.
If you are accepting on behalf of a company, you are confirming you are allowed to bind it.
2. The service
UTMCAP records advertising clicks, decides where each one is sent, filters automated traffic and reports on what those clicks cost and earned. It is provided as a hosted service at utmcap.com and its subdomains.
We may add, change or remove features. Where a change removes something you rely on, we will give notice before it takes effect and, if the change materially reduces what you are paying for, you may end your subscription and be refunded the unused part of any prepaid term.
3. Your account
- You are responsible for what happens under your credentials.
- Each person using the service needs their own login. Sharing one is the fastest way to lose any ability to tell who did what.
- Tell us promptly at [email protected] if you believe an account has been compromised.
- You must be old enough to enter a contract where you live, and the service is for business use.
4. Acceptable use
A redirect service can be pointed at anything, so this section is specific. You may not use UTMCAP to send traffic to, or to disguise the destination of:
- malware, ransomware, or anything that installs software without consent;
- phishing, or any page impersonating a person, brand or institution;
- content that is illegal where it is delivered, including material involving minors;
- fraudulent commerce — fake stores, undisclosed subscription traps, fabricated endorsements;
- traffic you have generated or bought knowing it to be automated, and are passing off as human to a network or an advertiser.
You may not attempt to break, overload or circumvent the service, probe other tenants’ data, or resell access in a way that hides that UTMCAP is what is being resold.
We do not review campaigns in advance, and the ability to filter bots is not a warranty that any particular traffic is human. Where we are told of a breach of this section, or find one, we may act under section 8.
5. Your data
Click records, campaign configuration, conversions and everything else you put into the service remain yours. We do not sell, license, aggregate or otherwise use them for any purpose other than operating and supporting the service for you.
Where the data you collect through UTMCAP relates to identifiable people, you are the controller of it and we are your processor. The terms of that arrangement are in the Data Processing Addendum, which forms part of this agreement.
You may export your data at any time while your account is open. After an account closes, see section 8.
6. Plans and payment
Plans are described on the pricing page. While the service is in beta, it is provided free of charge and nothing is metered; we will give at least 30 days’ notice before charging an existing account for the first time, and you may close the account instead.
Once billing is in effect:
- Fees are stated in US dollars and charged in advance for the period.
- Click allowances are counted per calendar month in UTC. Exceeding an allowance does not switch your links off; it is reported and charged at the overage rate for your plan, unless your plan is one that blocks.
- Taxes, where they apply, are added to the stated price.
- Prepaid fees are not refundable except where these Terms say otherwise, or where the law requires it.
- Unpaid fees may lead to suspension after notice and a reasonable period to correct it.
7. Availability
We aim for the service to be available continuously and we design it so that a failure of our own systems does not stop a click being redirected. We do not promise an uptime percentage on the plans described publicly; where a specific commitment is needed, it is agreed in writing separately.
Planned maintenance that we expect to interrupt the redirect path is announced in advance.
8. Suspension and ending
You may close your account at any time, and doing so stops the next renewal.
We may suspend an account without notice where it is being used in a way that breaks section 4 and is causing active harm, or where required by law. Otherwise we give notice and a chance to fix the problem first.
After an account closes, click data is retained for 30 days so that a closure made in error can be undone, and is then deleted. Ask before the 30 days are up if you need an export.
9. Warranties
We provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided as it is: we do not warrant that it will be uninterrupted, that bot detection will identify every automated visit, or that reporting will match a third party’s figures — an ad network, an affiliate network and a tracker count different things at different moments, and small differences are normal.
10. Liability
Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Subject to that: neither party is liable for indirect or consequential loss, and our total liability arising out of this agreement in any twelve-month period is limited to the fees you paid us in that period. We are not liable for lost advertising spend, lost revenue or lost profit arising from traffic that was or was not redirected.
11. Changes to these Terms
We may update these Terms. Material changes are notified by email to the account owner at least 30 days before they take effect, and the date at the top of this page always says when it was last changed. Continuing to use the service after that date means accepting the new version.
12. Governing law
This agreement is governed by TODO: governing law and venue.
Questions about any of it: [email protected].