Terms of use

THIS TERMS OF USE (the “Agreement”) is made as of the Effective Date by and between JourneyTrack (d/b/a “JourneyTrack”), a Delaware corporation with its principal offices at 3422 Old Capitol Trail, Suite 700, Wilmington, Delaware 19808-6192 (“JourneyTrack”), and the party entering into this Agreement for the use of the Service (“Client”). By accessing, copying, or otherwise using the Service (the date of which shall be known as the “Effective Date”), Client acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms and conditions, including JourneyTrack’s Privacy Policy. If Client does not agree to the terms and conditions of this Agreement, do not access or use the Service. JourneyTrack will not and does not license and make the Service available unless Client agrees to the terms of this Agreement. In consideration of the mutual covenants and agreements set forth herein, and other good and valuable consideration, receipt of which are hereby acknowledged, the parties agree as follows:

1. Scope of agreement. JourneyTrack offers a service and tools that allows users to create, edit, and share personas and customer journey maps.
2. ‍Description of Services.
   1. Service. In connection with Customer’s use of the Self-Service Solution, JourneyTrack will perform the following related services (collectively, the “Related Services”) during the applicable Subscription Period:
      1. JourneyTrack will provision user accounts (i.e., user access credentials) for the Self-Service Solution for each user designated by Customer’s “Administrator” identified in the Order Form or SOW (each a “Customer User”), up to the number of Customer User accounts allowed under the Order Form.
      2. JourneyTrack will host and maintain the Self-Service Solution and the other software utilized by JourneyTrack to deliver the Self-Service Solution (collectively, the “Software”) on servers operated and maintained by or at the direction of JourneyTrack in a secure, fault-tolerant, seismically-compliant data center that shall at all times comply with the relevant data protection legislation, including the Data Protection Act 2018, General Data Protection Regulation 2016/679 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended and/or updated from time to time (“Data Protection Legislation”) (the “Data Center”) in accordance with the terms set forth at https://suite.journeytrack.io/legal/sla/ (the “SaaS Delivery Services Exhibit”).
      3. JourneyTrack will provide Customer with the customer support services described at http://suite.journeytrack.io/legal/customersupport/.
      4. If Customer desires assistance with importing personas, creating personas and associated customer research, importing customer journey maps, creating baseline journey maps, running opportunity score surveys, or other services (collectively, “Professional Services”), such Professional Services shall either be identified in the applicable Order Form or be documented in a separate statement of work (each, a “SOW”) for the fees set forth therein. All SOWs will incorporate and be subject to the terms of this Agreement.
      5. Customer agrees that its purchase of the Software or Services is not contingent on the delivery of any future functionality or features thereof, or dependent on any oral or written comments made by JourneyTrack regarding such future functionality or features.
      6. JourneyTrack may, at its discretion, provide certain artificial intelligence services (“AI Services”) to Customer as part of the Services. The AI Services may include, but are not limited to, the use of machine learning algorithms, natural language processing, data analysis, and predictive modeling to enhance the functionality and performance of the Self-Service Solution.
         
   2. Access to the Self-Service Solution. Subject to the terms of this Agreement, JourneyTrack hereby grants Customer’s named internal business group or team, as specified in the applicable Order Form (“Workgroup”) a non-exclusive, non-transferable, royalty-free right to access and use the Self-Service Solution during the Subscription Period set forth in the applicable Order Form to: (i) create, edit, and share personas; (ii) create, edit, and share customer journey maps and (iii) otherwise use the features and functionality of the Self-Service Solution for Customer’s internal business purposes, all subject to the Scope of Use limitations set forth in the Order Form and the other terms and conditions of this Agreement.
      
      Each account may be used only by the individual Customer User to whom it is assigned. Customer may re-assign Customer User accounts by written notice to JourneyTrack, which may be given via email from the Administrator designated in the Order Form; provided, that Customer may not re-assign Customer User accounts for the purpose of defeating the limit on Customer Users set forth in the Order Form. Customer may designate its (and its Affiliates’) employees or independent contractors as its Customer Users; provided, that (i) Customer remains responsible for all use and misuse of the Self-Service Solution that occurs under Customer Users’ login credentials and for any breach of this Agreement by any of its Customer Users, (ii) Customer agrees to notify JourneyTrack of any unauthorized access or use of which Customer becomes aware, and (iii) all usage of the Self-Service Solution by Customer Users is subject to the Scope of Use limitations set forth in the Order Form.
      
      Customer will not (and will ensure that Customer Users do not): (i) “frame,” distribute, resell, or permit access to the Self-Service Solution by any third party; (ii) permit multiple Customer Users to access the Self-Service Solution using shared login credentials; (iii) use the Self-Service Solution other than in compliance with this Agreement and applicable laws; (iv) reverse engineer, attempt to gain unauthorized access to the Self-Service Solution or attempt to discover the underlying source code or structure of the Self-Service Solution; (v) submit to the Self-Service Solution any content or data that is false, defamatory, illegal or violates a third party’s rights; or (vi) submit to the Self-Service Solution any routine, device or other undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm any software, system or service.
      
      JourneyTrack monitors all use of the Self-Service Solution for security, operational, product improvement and product performance purposes. JourneyTrack may temporarily suspend a particular Customer User’s access in the event that: (i) such Customer User is engaged in, or JourneyTrack in good faith suspects that such Customer User is engaged in, any unauthorized conduct; or (ii) there has been unauthorized access to such Customer User’s account. JourneyTrack will provide Customer with prompt notice if it suspends a Customer Users’ access to the Self-Service Solution pursuant to this Section 3(d) and will restore access as soon as reasonably practicable once the situation is remedied.

3. Modifications to Service. JourneyTrack reserves the right to change the Service (including the content, appearance, design, functionality and all other aspects thereof), access procedures, tools, web technologies, documentation, format requirements, communications protocols and services offered at any time for any reason.
4. Customer Service, Training, and Technical Support. JourneyTrack will provide Client with customer support for the Service through our online community forums and support portal. JourneyTrack will further provide Client with reasonable e-mail customer support during JourneyTrack business hours. JourneyTrack does not guarantee that the support will be available or that JourneyTrack will respond within a prescribed period or that JourneyTrack will make the Service work for Client’s purposes, on Client’s system or resolve all problems in connection therewith.
5. Right to Remove. JourneyTrack has the right in its sole discretion to remove or block any text, images, artwork, technology and other content, data, information, materials and other items provided or made available to JourneyTrack or stored on or uploaded to the Service by Client (“Client Materials”) at any time where (a) such Client Materials violate applicable laws, regulations, orders, or is in violation of JourneyTrack’s applicable policies and procedures, including without limitation any acceptable use policies; (b) removal or blocking is necessary because of exigent circumstances or to protect the safety, security, reputation, or integrity of the Service, JourneyTrack, or any third party; or (c) in order to respond to law enforcement or any other governmental authority.

3. Client Responsibilities.
   1. Passwords. Client acknowledges that use of the Service requires that it register with JourneyTrack and select a Plan. Client shall cause all employees or subcontractors of Client authorized to access the Service (“Users”) to register to have access to the Service (“Registered Users”). Client shall cause each Registered User to (a) provide true, accurate, current and complete information about the User prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. JourneyTrack has the right to suspend or terminate any Registered User account and refuse any and all current or future use of the Service (or any portion thereof) to anyone that provides false or inaccurate data. Each Registered User is entirely responsible for the security and confidentiality of such User’s password and account. Client and each Registered User are entirely responsible for any and all activities that occur under that Registered User’s account. Client shall immediately notify JourneyTrack of any unauthorized use of a Registered User’s account or any other breach of security of which Client becomes aware.
   2. Accuracy and Review of Client Material. Client assumes sole responsibility for: (a) the Client Materials; and (b) ensuring that the Client Materials do not infringe or violate any right of any third party.
4. Data Backup. JourneyTrack will make commercially reasonable efforts to back up the Service, including Client Materials. Notwithstanding the foregoing, Client is responsible for saving all data, prototypes, work in progress, and apps to its own storage. JourneyTrack disclaims any and all responsibility for any loss of data, prototypes, work in progress, or apps from the Service. Client acknowledges that data conversion, processing and manipulation are subject to the likelihood of human and machine errors, omissions, delays, and losses, including inadvertent loss of data or damage to media that may give rise to loss or damage. To the extent within its control, Client is responsible for adopting reasonable measures to limit the impact of such problems, including backing up data, and adopting procedures to ensure the accuracy of input data; examining and confirming results prior to use; and adopting procedures to identify and correct errors and omissions, replace lost or damaged media, and reconstruct data. Client is also responsible for complying with all local, state, and federal laws pertaining to the upload, use and disclosure of any data or Client Materials. In the event of termination or expiration of this Agreement or disconnection of the Service, JourneyTrack may store, in its discretion, any files, programs, data or messages associated with Client’s account for 180 days from account termination or expiration.
5. Ownership.
   1. Ownership. As between JourneyTrack and Client, JourneyTrack (or its licensors) is the sole and exclusive owner, and will retain all right, title and interest in and to the Service, including without limitation all of the software comprising any portion thereof and all related services, specifications, documentation, technical information, corrections, modifications, additions, improvements and enhancements to and all intellectual property rights in the foregoing. As between JourneyTrack and Client, the Client Materials and any projects completed by Client using JourneyTrack shall be and remain the sole and exclusive property of Client. As between JourneyTrack and Client, all data analytics and aggregated data generated from Client’s use of the Service shall be the sole and exclusive property of JourneyTrack. JourneyTrack shall have the right to use, create derivative works of, distribute and otherwise exploit, all such data analytics and anonymous, aggregate usage data derived from Client Materials such as the aggregate number of transactions that occur within a particular Service. JourneyTrack may also use Client Materials and any projects completed by Client for internal research purposes.
   2. JourneyTrack License Restrictions and Limitations. Except for the license granted in Section 2 above, Client (or a Registered User) may not use, copy, modify, rent, loan, lease, sublicense, create derivative works or distribute the Service for any other purposes or make the Service available to non-Registered Users. JourneyTrack grants no rights other than explicitly granted herein, and Client shall not exceed the scope of its license. All techniques, know-how, software, algorithms and methods or rights thereto owned by JourneyTrack at the time this Agreement is executed, developed during the course of the design, development, and provision of the Service, or which are employed by JourneyTrack in connection with the Service, shall be and remain the property of JourneyTrack. Client shall not decompile, disassemble, or reverse engineer the Service or any elements of the Service, or otherwise derive source or object code from the Service or any elements thereof. At any time, Client may request in writing that JourneyTrack to increase the applicable licensing limitation(s) in its then-current Plan. Such additional license rights will commence on Client’s receipt of JourneyTrack’s agreement to increase the applicable licensing limitation(s) and Client’s agreement to pay the corresponding increased fees. In addition to the foregoing restrictions, Client agrees that it shall comply with, and acknowledges that its rights hereunder are conditioned upon compliance with, all terms of use imposed by the applicable App Store from which Client accessed and downloaded JourneyTrack’s applications contained in the Service (in each case, the “Usage Rules”). In connection with the foregoing, Client acknowledges that an App Store (and its subsidiaries) may be third-party beneficiaries of this Agreement and may have the right to enforce these terms.
   3. Client's Grant of License. Client hereby grants to JourneyTrack a worldwide, non-exclusive, royalty-free, license to use, distribute, reproduce, publicly perform, publicly display, digitally perform, make, have made, store, maintain and import all Client Materials for the purposes of providing and operating the Service. The license may also be exercised on behalf of JourneyTrack by third parties acting on JourneyTrack’s behalf (e.g., technology partners, service providers and independent contractors).
   4. Feedback. JourneyTrack shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by Client relating to the operation of the Service.
6. Payments.
   1. Fees. During the term of this Agreement, Client will pay JourneyTrack the subscription and usage fees as set forth in the Plan description (the “Fees”). Client shall pay JourneyTrack the Fees in U.S. funds yearly in advance via credit card or other mutually agreed process. If Client fails to pay the Fees within 30 days of the due date, Client’s credit card is rejected, or JourneyTrack otherwise does not receive payment, JourneyTrack may impose a late fee, suspend the Service, or both, in its discretion. JourneyTrack may increase the Fees at any time.
   2. Taxes. Client shall pay or reimburse JourneyTrack for all sales, use, transfer, privilege, excise, and all other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed specifically by reason of the performance by JourneyTrack under this Agreement; excluding, however, taxes measured by JourneyTrack’s profits, its overall sales, employment and similar taxes incurred in connection with persons performing services for JourneyTrack, and property or other taxes measured in whole or in part by the value of JourneyTrack’s assets.

Disclaimers of Warranty; Limitation of Liability.

3. The Service is made available by JourneyTrack to Client “AS IS” and “WITH ALL FAULTS, ERRORS, BUGS AND DEFECTS.” JourneyTrack makes no representation or warranty of any kind, express or implied, as to the condition, character, nature, capability, performance, security, availability, suitability, title, source or any other characteristic of the Service or any portion thereof. JourneyTrack HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THIS AGREEMENT, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; OR (C) ANY WARRANTY THAT THE SERVICE WILL BE SECURE OR ERROR-FREE, WILL MEET CLIENT’S REQUIREMENTS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY OR SECURE, OR OPERATE WITHOUT ERROR.
4. EXCEPT WITH RESPECT TO DAMAGES OR LIABILITY ARISING FROM (A) A PARTY’S BREACH OF ITS OBLIGATIONS WITH RESPECT TO CONFIDENTIAL INFORMATION OR (B) CLIENT’S MISAPPROPRIATION OF JourneyTrack’S INTELLECTUAL PROPERTY, IN NO EVENT SHALL (I) EITHER PARTY BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) EITHER PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT FOR ALL CLAIMS ACCRUING DURING THE TERM OF THIS AGREEMENT EXCEED THE GREATER OF $500 OR THE AMOUNTS PAID BY CLIENT DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE APPLICABLE CLAIM.

General Provisions. This Agreement shall be governed by and interpreted in accordance with the internal laws of the State of Florida without regard to its conflict of laws provisions. The titles of the sections of this Agreement are for convenience only and shall not affect the interpretation or construction of any section. The language used in this Agreement shall be deemed to be the language chosen by the parties hereto to express their mutual agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in the construction or interpretation of this Agreement. The words “include” and “including” and variations thereof are not terms of limitation, but rather shall be deemed to be followed by the words “without limitation.” Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. A waiver of any of the terms of this Agreement, or any breach or default hereunder, shall not be deemed or construed as a waiver of such terms for the future or any subsequent breach or default, whether of the same or similar nature. This Agreement may only be modified, amended, or supplemented at anytime by JourneyTrack in its sole discretion. If any litigation is brought to enforce, or arises out of, the Agreement or any term, clause, or provision hereof, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred with such litigation, including necessary fees, costs, and expenses for services rendered, as well as after judgment in obtaining execution thereof.

PRIVACY POLICY

The platform gathers diverse personal data from our users, for this reason the privacy policy covers our management of personally identifiable information (personal data) compiled when you register at our site to be a Beta tester, as well as the information you upload to the platform once you have joined.

All the collected information is personal data such as name and email address. You are free to provide certain information, but it is possible you may not be able to register at JourneyTrack or take advantage of some of our functions if you decide not to share it.

WHEN AND WHICH INFORMATION IS GATHERED?

The use of the application in your mobile phone, tablet or computer. This includes certain aspects, such as:

The way you use the application

• Your account. This includes certain aspects, such as:some text
  • Information you provide through the registration process
  • Access credentials
  • Email address
  • The devices where the application is run. This includes certain aspects, such as:
  • Type of device and operating system
  • Type of connection
  • Software
  • Mobile phone number and IP address
  • Location

The use of the application in a computer. When you use this service through the web site related to this application, we can gather data such as:

• Computer information, operating system and IP address
• Cookies information and other similar technologies, including flash cookies

HOW WILL WE USE YOUR INFORMATION?

We can use the gathered information by means of this application to provide a better service and improve and personalize your experience.

WILL WE SHARE YOUR INFORMATION AND, IN CASE WE DO IT, WITH WHO?

We will not share your information with any third part without having your explicit consent.

RESPONSIBILITY DISCLAIMER

JourneyTrack assumes no responsibility for any damages caused to the user which may result in mistakes or errors or that create problems in the use and functioning of the platform during the use of the service.

This privacy policy describes the way JourneyTrack gathers and uses personal information that you provide to our site: https://app.journeytrack.io/ or https://suite.journeytrack.io/ (the 'site') and through the use of services available in it (the ‘services’).

When registering or using the site or services in any way, you agree to accept the practices and policies stated in this Privacy Policy.

In case you have any question or doubt about our privacy policies, send us a detailed message at privacy@journeytrack.io.