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Usage Policy

Last updated July 7, 2023

This Usage Policy ("Policy") constitutes a legally binding agreement between PixelPulse Creations, LLC, doing business as Trackly ("we", "us", or "our") and you ("you", "your", or "user") regarding the usage of our Premium Integrations service. By accessing or using our services, you acknowledge that you have read, understood, and agree to be bound by this Policy.

1. Service Description

Our Premium Integrations service provides API access with a base allocation of requests per week. This Policy outlines the terms, conditions, and pricing structure for using these services.

2. Base Allocation and Pricing

Standard Allocation

  • 10 API requests per week included in base price
  • Requests are counted on a rolling 7-day basis
  • Unused requests do not roll over to the next week
  • All prices are subject to change with reasonable notice
  • Prices are exclusive of any applicable taxes, fees, or charges

3. Overage Charges and Billing

  • Additional API requests beyond the base allocation are billed at $0.50 per request
  • Charges are calculated and billed monthly
  • Usage is rounded up to the nearest whole request
  • Requests from fraudulent sources (such as bots) are excluded from billing
  • Monthly invoices are provided via email for any overage charges
  • All charges are non-refundable unless otherwise required by law
  • You are responsible for all charges incurred under your account

4. Usage Monitoring and Service Interruption

  • We monitor API request usage and associated charges
  • When usage charges exceed $25 in a billing period, we will notify you via email
  • Upon reaching this threshold, Premium Integrations will be temporarily paused
  • Service will resume only after receiving your explicit approval for continued usage
  • We reserve the right to suspend or terminate service for excessive usage or non-payment
  • You acknowledge that service interruptions may occur and agree that we are not liable for any damages resulting from such interruptions

5. Rate Limiting and Fair Usage

  • Maximum of 100 requests per minute
  • Maximum of 1,000 requests per hour
  • Requests exceeding these limits will receive a 429 (Too Many Requests) response
  • We reserve the right to adjust rate limits at any time
  • You agree not to circumvent or attempt to circumvent these limits
  • We may implement additional restrictions to prevent abuse or ensure fair usage

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PixelPulse Creations, LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM THE USE OF OUR SERVICES.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PixelPulse Creations, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

8. Related Policies

This Policy should be read in conjunction with our other legal documents:

9. Modifications to this Policy

PixelPulse Creations, LLC reserves the right to modify this Policy at any time. We will notify you of any material changes by posting the new Policy on this page and updating the "Last Updated" date. Your continued use of our services after any such changes constitutes your acceptance of the new Policy.

10. Contact Information

For questions about this Policy or our services, please contact us using any of the following methods:

Email: support@trackly.works
Compliance: compliance@trackly.works
Phone: (573) 557-9293