Terms of Service

Effective date: Last updated:

These Terms of Service ("Terms") govern access to and use of Black Track, the ad tracking and attribution platform operated by GLOBAL EQUITY ENT. LTDA, CNPJ 64.439.738/0001-32, with its registered office at Praça dos Gerânios 70, Condomínio Portal de Itu, Itu — SP, CEP 13301-619, Brazil ("Black Track", "we", "us" or "our").

By creating an account, accepting these Terms or using the Service, you agree to them. If you use the Service on behalf of a company or other organization, you confirm that you are authorized to accept these Terms on its behalf, and "you" and "Customer" refer to that organization. If you do not agree, do not use the Service.

Black Track is a business tool. It is offered only to businesses and professionals for use in their trade, not to consumers for personal use.

Definitions

  • "Service" means the Black Track website, web application, tracking script, tracking endpoints, application programming interfaces, integrations and related support.
  • "Workspace" means a separate environment in the Service where a Customer's settings and data are kept.
  • "Authorized Users" means the people you invite to use your Workspaces, such as employees, contractors or agency clients.
  • "Customer Data" means all data you or your Authorized Users submit to the Service, or that the Service collects on your behalf, including End User Data and data you import from third-party platforms.
  • "End Users" means the people who visit your websites, click your ads or buy from you, and "End User Data" means personal data about them.
  • "Third-Party Platforms" means services not operated by us that you connect to the Service, such as Meta, checkouts and payment platforms.
  • "Meta Platform Data" means data we receive from Meta through the connection you authorize.
  • "Order" means the plan you select in the Service or on our pricing page, or an order form signed by both parties.

The Service

Black Track helps performance advertisers measure their advertising. Depending on your plan, the Service lets you:

  • install one tracking script per Workspace on your landing pages, which records clicks with a first-party cookie on your domain and adds the click ID to your checkout links automatically;
  • receive conversions from checkouts and payment platforms through native integrations (for example Hotmart, Kiwify, KashPay, Stripe, Digistore24, ClickBank and Shopify) or custom postbacks;
  • connect Meta through Facebook Login for Business to import ad spend and performance data, and send your conversions to your own Meta dataset through the Conversions API;
  • view reports by campaign, ad set, ad, country, device and other dimensions, follow visitor interactions in near real time, and review logs; and
  • work with your team in shared Workspaces.

Features marked as beta or preview are provided for evaluation, may change or be withdrawn, and are not covered by any commitment about availability.

Accounts and workspaces

  • You must be at least 18 years old and able to enter into contracts to create an account.
  • You must give accurate and complete information and keep it up to date.
  • You are responsible for keeping your credentials confidential and for all activity in your account and Workspaces, including the actions of your Authorized Users. Each person must use their own login.
  • You decide who is invited to your Workspaces and what role each person has. Removing a person's access is your responsibility.
  • Tell us promptly at contact@blacktrack.org if you suspect unauthorized access to your account.

Trials, plans and payment

  • Plans. Plans, features, usage limits (such as tracked events, Workspaces, users or domains) and prices are those described on our pricing page or in the Service when you subscribe, or in your Order.
  • Free trials. We may offer a free trial for the period shown when you sign up. When the trial ends, access to paid features stops unless you subscribe. If a trial requires a payment method, we will tell you before the trial starts when the first charge will occur, and you can cancel before that date without being charged.
  • Billing. Fees are charged in advance for each billing period (for example monthly or annually), in the currency shown at checkout, through the payment provider indicated at checkout. Subscriptions renew automatically for the same period until cancelled.
  • Taxes. Unless stated otherwise, fees do not include taxes. You are responsible for the taxes that apply to your purchase, except taxes on our income.
  • Usage limits. If you exceed the limits of your plan, we may ask you to move to a suitable plan or apply the overage terms described in your plan.
  • Late payment. If a payment fails, we will notify you. If it remains unpaid 7 days after that notice, we may suspend paid features until payment is made.
  • Price changes. We may change prices with at least 30 days' notice. The new price applies from your next renewal after the notice period. If you do not agree, you can cancel before the renewal.
  • Refunds. Except where the law or these Terms say otherwise, fees are non-refundable and we do not refund partial billing periods.

Acceptable use

You may use the Service only for lawful business purposes and in accordance with these Terms. You must not, and must not allow anyone else to:

  • use the Service to deceive, evade or manipulate the review, policy enforcement or integrity systems of Meta or any other advertising platform, including by cloaking (showing reviewers, crawlers or automated systems content that differs from what users see), by disguising a landing page or its destination, or by any other technique designed to get ads approved that would otherwise be rejected;
  • use the Service to promote products, services or content that are unlawful, or through advertising that is fraudulent, deceptive or misleading;
  • collect, track or share data about End Users without the notices, consents or other legal basis the law requires;
  • send sensitive personal data through the Service, including health information, data revealing racial or ethnic origin, religious or political beliefs, sexual orientation, biometric or genetic data, financial account or payment card numbers, government identification numbers, or data about children, or send any data to Meta or another platform that its terms prohibit;
  • use the Service on websites or offers directed to children;
  • attempt to re-identify people from hashed or pseudonymous data, or use the Service to build profiles of individuals for purposes other than measuring your own advertising;
  • use data obtained through the Service to discriminate, to make decisions about a person's eligibility for housing, employment, credit, insurance or education, or for surveillance;
  • send spam, malware or harmful code through the Service, or use it to infringe anyone's intellectual property, privacy or other rights;
  • access or try to access other customers' data, probe, scan or test the vulnerability of the Service without our written permission, or bypass its security or usage limits;
  • overload or interfere with the Service, or access it by automated means other than the interfaces we provide;
  • copy, modify, reverse engineer or create derivative works of the Service, except where the law expressly permits it; or
  • resell, sublicense or provide the Service to third parties as a standalone service without our written agreement. Agencies may use the Service to serve their own clients.

Excluding automated or non-human traffic from your analytics is part of the Service. Using the Service to change what any visitor, reviewer or crawler sees is not permitted.

Your responsibilities for End User Data

You decide which websites use the Black Track script, which checkouts send data to the Service and which events are sent to Meta or other platforms. You are the controller of End User Data, and you are responsible for:

  • publishing a privacy policy on your websites that tells End Users, clearly and accurately, that you use tracking technologies (including the Black Track script and its first-party cookie), what data you collect, that you use Black Track as a service provider, and that you share events with Meta and any other platforms you connect;
  • obtaining End Users' consent where the law requires it, for example for cookies and similar technologies, and for sharing data with Meta through the Conversions API, and respecting any choice to refuse or withdraw consent;
  • having a valid legal basis under the LGPD, the GDPR and any other applicable law for all End User Data you process through the Service, and the right to send to the Service the data your checkouts and pages provide;
  • complying with the terms and policies of every Third-Party Platform you connect, including Meta's Business Tools Terms, which require appropriate notice to and consent from your users for the data you share with Meta;
  • configuring the Service correctly, including which data fields are sent to each platform; and
  • answering requests from End Users about their data. We will help you as described in Customer Data and data processing.

We provide tools to help you comply, but we do not provide legal advice, and we are not responsible for your compliance with the laws and platform terms that apply to your business.

Meta and other third-party platforms

Meta connection

  • When you connect Meta through Facebook Login for Business, you authorize us, as your service provider, to access and use Meta Platform Data from the business portfolios, ad accounts and datasets you select, only to provide the Service to you. We handle it as described in our Privacy Policy.
  • You must comply with Meta's Platform Terms, Developer Policies, Business Tools Terms, Commercial Terms and Advertising Standards, as they apply to you.
  • You must not use the Service to access or use Meta Platform Data in any way that violates Meta's terms or the law, and you may use Meta Platform Data made available to you through the Service only for your own business purposes.
  • When you enable a Conversions API integration, you instruct us to send the events you configure to the Meta dataset you select. You are the business sharing that data with Meta, and you are responsible for having the rights, notices and consents required to share it.
  • We may suspend or end your access to Meta features, in whole or in part, if Meta requests it, if Meta restricts or revokes our access, or if we reasonably believe that your use violates Meta's terms.
  • You can revoke our access at any time in your Facebook or Meta Business settings or in the Service. Our Data Deletion Instructions explain what happens next.

Other platforms

  • Your use of Third-Party Platforms is governed by your agreements with them. We are not responsible for Third-Party Platforms, for the data they send or fail to send, or for changes they make to their services or interfaces that affect the Service.
  • Black Track is an independent product. It is not affiliated with, endorsed by or sponsored by Meta Platforms, Inc. or by any other platform named in the Service. Platform names are used only to identify the integrations.

Customer Data and data processing

You own your Customer Data. For End User Data, you are the controller ("controlador") and we are your processor ("operador") under the LGPD, and the same roles apply under the GDPR where it applies. These Terms and our Privacy Policy form our data processing agreement with you. If you need a signed data processing agreement, email privacy@blacktrack.org.

As your processor, we will:

  • process End User Data only to provide the Service and according to your documented instructions, which include your settings in the Service, unless the law requires otherwise;
  • ensure that the people who process it are bound by confidentiality;
  • protect it with appropriate technical and organizational security measures;
  • use only the subprocessors listed in our Privacy Policy, update that list before engaging a new subprocessor, and require each subprocessor to protect the data at least as strictly as these Terms do. If you object to a new subprocessor on reasonable data protection grounds, you may cancel your subscription;
  • transfer data internationally only with the safeguards the LGPD and, where applicable, the GDPR require;
  • help you respond to requests from End Users and to meet your obligations regarding security, incident notification and data protection impact assessments, taking into account the nature of the processing;
  • notify you without undue delay after we become aware of a security incident affecting your End User Data, with the information you reasonably need to meet your own obligations;
  • delete or return End User Data at the end of the Service, as described in Term, cancellation and termination; and
  • make available the information reasonably needed to show that we comply with these obligations.

We may collect aggregated information about how the Service is used and how it performs, such as feature usage, error rates and processing volumes. We use it to operate and improve the Service. This information does not identify you, your End Users or the content of your Customer Data, and we never use Meta Platform Data or one customer's data to benefit another customer.

Confidentiality

Each party may receive non-public information from the other that is marked as confidential or should reasonably be understood to be confidential, including Customer Data, business information and non-public details of the Service ("Confidential Information"). The receiving party will use the other party's Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to its employees, contractors and service providers who need it and are bound by confidentiality obligations. These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed, or is lawfully received from a third party without a duty of confidentiality. A party may disclose Confidential Information when the law or a competent authority requires it, after notifying the other party where the law allows.

Intellectual property

  • Our property. We and our licensors own the Service, including its software, design, documentation and the Black Track name and logo. Subject to these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable right to use the Service for your internal business purposes during your subscription. All rights not expressly granted are reserved.
  • Your property. You keep all rights to your Customer Data. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service, and as otherwise described in these Terms.
  • Feedback. If you send us suggestions or feedback, we may use them without restriction or compensation to you.

Availability, support and changes

  • We work to keep the Service available and to process tracking and conversion data reliably, but we do not guarantee uninterrupted or error-free operation. Unless an Order says otherwise, no service level agreement applies.
  • We may carry out maintenance, and we will try to give advance notice of planned maintenance that may affect the Service.
  • The Service depends on the internet, on our hosting providers and on Third-Party Platforms, which are outside our control.
  • Support is available by email at contact@blacktrack.org and through the channels described in your plan.
  • We may improve, change or remove features. If we remove a feature that is material to your plan, we will give you reasonable notice, and if you are materially affected, you may cancel and receive a pro-rata refund of prepaid fees for the unused period.

Suspension

We may suspend all or part of your access to the Service if (a) you or your Authorized Users violate Acceptable use or the law; (b) your use poses a security risk to the Service or to others; (c) Meta or another Third-Party Platform requires it for the features that depend on it; or (d) payment is overdue as described in Trials, plans and payment. Where practical, we will notify you in advance and give you an opportunity to fix the issue. We will limit the suspension to what is reasonably necessary and restore access once the cause is resolved.

Term, cancellation and termination

  • Term. These Terms apply from the moment you accept them until your account is closed.
  • Cancellation by you. You can cancel your subscription at any time in the Service or by emailing contact@blacktrack.org. Cancellation takes effect at the end of the current billing period, and you keep access until then.
  • Termination by us. We may terminate these Terms if you materially breach them and do not cure the breach within 15 days after our notice. We may terminate immediately if you seriously violate Acceptable use, if the law requires it, or if continuing would violate Meta's or another Third-Party Platform's terms for the features that depend on them.
  • Discontinuation. We may discontinue the Service with at least 60 days' notice. In that case, we will refund prepaid fees for any unused period.
  • Effect. When the Service ends, your right to use it ends. For 30 days after the end, you can ask us to export your Customer Data in a common format. After that, we delete Customer Data within 30 days, except records we must keep by law. Copies in encrypted backups are deleted within up to 30 additional days.
  • Survival. Provisions that by their nature should survive termination, including payment obligations, confidentiality, disclaimers, limitation of liability, indemnification and governing law, will survive.

Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind beyond those expressly stated in these Terms. In particular:

  • Tracking and attribution depend on browsers, devices, ad blockers, privacy features, consent choices and data from Third-Party Platforms. Reported figures are measurements and estimates, and they may differ from the figures reported by ad platforms, checkouts or other tools.
  • We do not guarantee any advertising result, sales, return on ad spend, or the approval, delivery or continued availability of your ads, ad accounts, business portfolios, pages, pixels or datasets on any platform.
  • Nothing in the Service is legal, tax or financial advice.

Limitation of liability

  • To the maximum extent permitted by law, neither party will be liable to the other for indirect or consequential damages, lost profits, lost revenue, loss of business opportunities, or loss of goodwill, even if it was advised of the possibility of such damages.
  • We are not liable for actions taken by Meta or any other Third-Party Platform, including the rejection of ads or the restriction, suspension or closure of ad accounts, business portfolios, pages, pixels or datasets.
  • To the maximum extent permitted by law, our total liability arising out of or relating to these Terms or the Service is limited to the amount you paid us for the Service in the 12 months before the event that gave rise to the claim.
  • These limitations do not apply to liability for fraud or willful misconduct, or to any liability that cannot be limited under applicable law.

Indemnification

You will defend and indemnify Black Track and its shareholders, officers, employees and contractors against third-party claims, including claims by End Users, Third-Party Platforms and authorities, and against the resulting losses, fines, damages and reasonable legal costs, to the extent they arise from (a) your Customer Data, websites, offers or advertising; (b) your violation of these Terms, the law or the terms of a Third-Party Platform; or (c) your failure to provide the notices or obtain the consents required for the data you process through the Service. We will notify you promptly of any such claim and cooperate reasonably, at your expense, in its defense.

Changes to these Terms

We may update these Terms. We will change the "Last updated" date at the top of this page and, for material changes, notify you by email or in the Service at least 30 days before they take effect, unless a change is required sooner by law or by a Third-Party Platform. If you continue to use the Service after the changes take effect, you accept them. If you do not agree, you may cancel before they take effect.

Governing law and jurisdiction

These Terms are governed by the laws of the Federative Republic of Brazil. The courts of the district (Comarca) of Itu, State of São Paulo, Brazil, have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and the parties waive any other jurisdiction, however privileged it may be, except where mandatory law provides otherwise. Before starting legal proceedings, each party will try in good faith to resolve the dispute by contacting the other.

General

  • Entire agreement. These Terms, our Privacy Policy and any Order are the entire agreement between you and us about the Service. If an Order signed by both parties conflicts with these Terms, the Order prevails for the matters it covers.
  • Assignment. You may not assign these Terms without our written consent. We may assign them to a successor in a merger, acquisition or sale of assets, with notice to you.
  • Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, except for payment obligations.
  • Severability and waiver. If any provision is found unenforceable, the rest of these Terms remains in effect. Not enforcing a provision is not a waiver of it.
  • Relationship. The parties are independent contractors. These Terms create no partnership, employment or agency relationship.
  • Notices. We send notices to the email address on your account or in the Service. You send notices to contact@blacktrack.org, and privacy notices to privacy@blacktrack.org.
  • Electronic acceptance. Accepting these Terms electronically is as valid as signing them on paper.
  • Language. These Terms are written in English. If we provide a translation, the English version prevails in case of conflict, except where the law requires otherwise.

Contact

Questions about these Terms: contact@blacktrack.org. Privacy and data protection: privacy@blacktrack.org.

GLOBAL EQUITY ENT. LTDA
CNPJ 64.439.738/0001-32
Praça dos Gerânios 70, Condomínio Portal de Itu, Itu — SP, CEP 13301-619
Brazil