Terms and Conditions - ActionTracker

TERMS AND CONDITIONS FOR LANDING PAGES BELONGING TO ACTIONTRACKER

AGREEMENT TO OUR LEGAL TERMS

Last updated: December 17, 2025

We are ActionTracker Solutions S.L., a company incorporated in Spain (“Company,” “we,” “us,” “our”). We operate the website https://actiontracker.eu , as well as any other related landing page, products and services (such as the OnBrain mobile application) that refer or link to these legal terms (collectively, the “Services”).

1. Contact Information

You can contact us regarding these terms through the following channels:

Email: privacy@actiontracker.eu
Mail: ActionTracker Solutions S.L., 08040.

2. Binding Agreement

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and ActionTracker Solutions S.L., concerning your access to and use of the Services.

Important: By accessing the Services, you acknowledge that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

3. Updates and Modifications

Supplemental Terms: Any additional terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.
Right to Modify: We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason.
Notification of Changes: We will alert you about any changes by updating the “Last updated” date of these Legal Terms. You waive any right to receive specific notice of each such change.
User Responsibility: It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the date such revised Legal Terms are posted constitutes your acceptance of the changes.

Recommendation: We recommend that you print or save a copy of these Legal Terms for your records.

OUR SERVICES
INTELLECTUAL PROPERTY RIGHTS
USER REPRESENTATIONS
PROHIBITED ACTIVITIES
USER GENERATED CONTRIBUTIONS
CONTRIBUTION LICENSE
SERVICES MANAGEMENT
TERM AND TERMINATION
MODIFICATIONS AND INTERRUPTIONS
GOVERNING LAW
DISPUTE RESOLUTION
CORRECTIONS
DISCLAIMER
LIMITATIONS OF LIABILITY
INDEMNIFICATION
USER DATA
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
MISCELLANEOUS
CONTACT US

1. OUR SERVICES

The information provided through our Services is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be:

Contrary to local law or regulation.
Subject to any registration requirement within such jurisdiction or country that we have not explicitly fulfilled.

1.1 Geographic Restrictions and Compliance

Accordingly, those persons or entities who choose to access the Services from locations outside of our primary operating jurisdiction (Spain) do so on their own initiative.

User Responsibility: You are solely responsible for compliance with all applicable local laws, to the extent that those laws apply to your use of the Services.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Our Intellectual Property

ActionTracker Solutions S.L. is the owner or the licensee of all intellectual property rights in our Services. This includes, but is not limited to:

Content: All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics.

Marks: The trademarks, service marks, and logos contained within the Services.

Our Content and Marks are protected by copyright, trademark, and various other intellectual property and unfair competition laws and treaties worldwide. The Services are provided “AS IS” for your internal business purposes or personal, non-commercial use only.

2.2 Your License to Use Our Services

Subject to your continued compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, and revocable license to:

Access the Services.
Download or print copies of any portion of the Content to which you have properly gained access, solely for your internal business purpose or personal, non-commercial use.

Restrictions: Except as expressly permitted, no part of the Services, Content, or Marks may be copied, reproduced, aggregated, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written permission. Any breach of these rights will result in the immediate termination of your right to use our Services.

2.3 Your Submissions

By sending us any questions, comments, suggestions, ideas, or feedback regarding the Services (“Submissions”), you agree to the following:

Ownership Transfer: You assign to us all intellectual property rights in such Submissions.
Unrestricted Use: We shall own these Submissions and be entitled to their unrestricted use and dissemination for any lawful purpose (commercial or otherwise) without acknowledgment or compensation to you.
Your Responsibility: You warrant that your Submissions are original or that you have the necessary licenses to provide them. You are solely responsible for ensuring your Submissions are not illegal, defamatory, or misleading.

Requests for Use: If you wish to use any Content or Marks beyond what is permitted here, please address your request to: privacy@actiontracker.eu.

3. USER REPRESENTATIONS

By using our Services, you represent and warrant that:

Legal Capacity: You have the legal capacity and you agree to comply with these Legal Terms.
Age Requirement: You are not a minor in the jurisdiction in which you reside (you are at least 18 years of age).
Non-Automated Access: You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise.
Lawful Use: You will not use the Services for any illegal or unauthorized purpose.
Compliance: Your use of the Services will not violate any applicable law or regulation.

Note on Accuracy: If you provide any information that is untrue, inaccurate, not current, or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Services.

4. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

4.1 Security and System Integrity

Circumvent Security: Attempt to bypass, disable, or interfere with security-related features, including those that prevent or restrict the use or copying of any Content.
System Interference: Interfere with, disrupt, or create an undue burden on the Services or the networks connected to them.
Malicious Code: Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use or modifies the Services’ operation.
Automated Access: Engage in any automated use of the system, such as using scripts to send messages, or using data mining, robots, or similar extraction tools.
Bypass Measures: Attempt to bypass any measures designed to prevent or restrict access to the Services or any portion thereof.

4.2 Data Protection and Intellectual Property

Data Scraping: Systematically retrieve data or content from the Services to create or compile a collection, database, or directory without our written permission.
Reverse Engineering: Except as permitted by law, decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services.
Software Copying: Copy or adapt the Services’ software, including but not limited to PHP, HTML, JavaScript, or other code.
Proprietary Notices: Delete copyright or other proprietary rights notices from any Content.
Passive Collection: Upload or transmit material that acts as a passive or active information collection mechanism, such as cookies, “gifs,” or spyware.

4.3 Improper Use and Misconduct

Fraud and Deception: Trick, defraud, or mislead us and other users, especially in attempts to learn sensitive account information like passwords.
Impersonation: Attempt to impersonate another user or person or use another user’s username.
Harassment: Use information obtained from the Services to harass, abuse, or harm another person, including our employees or agents.
Abuse of Support: Make improper use of our support services or submit false reports of abuse or misconduct.
Spamming: Collect usernames or email addresses by electronic means for the purpose of sending unsolicited email or creating accounts under false pretenses.

4.4 Commercial and Legal Compliance

Unauthorized Competition: Use the Services as part of any effort to compete with us or for any revenue-generating endeavor or commercial enterprise.
Illegal Activity: Use the Services in a manner inconsistent with any applicable laws or regulations.
Harm to Brand: Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Unauthorized Linking: Engage in unauthorized framing of or linking to the Services.

5. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content visible to other users.

However, you may provide us with information, feedback, suggestions, or inquiries via our contact forms or email (“Contributions”). Regarding these Contributions, you represent and warrant that:

Legality: Your Contributions do not violate any applicable law, regulation, or rule.
No Harassment: Your Contributions do not contain any material that is harassing, threatening, abusive, or defamatory towards us or our employees.
No Harmful Code: Your Contributions do not contain any viruses, Trojan horses, or other computer programming routines that may damage or detrimentally interfere with our systems.
Accuracy: The contact information you provide is true, accurate, and current.

6. CONTRIBUTION LICENSE

6.1 Data Processing and Rights

By submitting information through our contact forms or email, you agree that we may access, store, process, and use any information and personal data that you provide, in accordance with our Privacy Policy and your preferences.

6.2 Suggestions and Feedback

If you voluntarily provide us with any suggestions, feedback, or ideas regarding the Services (“Feedback”), you agree that we can use, share, and implement such Feedback for any purpose (commercial or otherwise) without acknowledgment or compensation to you.

6.3 Ownership and Responsibility

Ownership: We do not assert any ownership over the content of your messages or data. You retain full ownership of all your intellectual property rights associated with your Contributions.
Liability: We are not liable for any statements or representations made by you in your Contributions.
Exoneration: You are solely responsible for the content you submit to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

7. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to:

Monitor Activity: Monitor the Services for violations of these Legal Terms.
Legal Action: Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities.
Restrict Access: In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions (e.g., blocking spam IP addresses or malicious form submissions).
Operational Management: Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

8. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services.

8.1 Right to Deny Access

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.

This includes, without limitation, denial of access due to a breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you posted at any time, without warning, in our sole discretion.

8.2 Prohibitions After Termination

If we terminate or suspend your access for any reason:

No Re-entry: You are prohibited from attempting to access the Services under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of that third party.
Legal Redress: In addition to terminating or suspending your access, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

9. MODIFICATIONS AND INTERRUPTIONS

9.1 Changes to Content

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services.

9.2 Availability and Maintenance

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors.

We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

9.3 Liability for Interruptions

You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

Note: Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

10. GOVERNING LAW

These Legal Terms shall be governed by and defined following the laws of Spain.

You irrevocably consent that the courts of Barcelona, Spain shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.

11. DISPUTE RESOLUTION

11.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any formal legal proceedings.

Such informal negotiations commence upon written notice from one Party to the other Party.

11.2 Resolution in Court

If the Parties are unable to resolve a Dispute through informal negotiations within the 30-day period, the Dispute shall be resolved exclusively in the courts as set forth in the “GOVERNING LAW” section above (Courts of Barcelona, Spain).

12. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

13. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

ERRORS OR INACCURACIES: ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS.
DAMAGE: PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES.
UNAUTHORIZED ACCESS: ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN.
INTERRUPTIONS: ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES.
MALICIOUS CODE: ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY.
LOSS: ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

14. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIABILITY CAP: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR 100 EURO.

LEGAL EXCEPTION: CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

Use of Services: Your use of the Services.
Breach of Terms: Any breach of these Legal Terms.
False Representations: Any breach of your representations and warranties set forth in these Legal Terms.
Violation of Rights: Your violation of the rights of a third party, including but not limited to intellectual property rights.
Harmful Acts: Any overt harmful act toward any other user of the Services with whom you connected via the Services.

Defense Control: Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. USER DATA

16.1 Data Maintenance

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services.

16.2 Liability for Data

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

17. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

17.1 Electronic Consent

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

17.2 Agreement to Electronic Transactions

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

17.3 Waiver of Non-Electronic Records

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

18. MISCELLANEOUS

Entire Agreement: These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us.
No Waiver: Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision.
Scope: These Legal Terms operate to the fullest extent permissible by law.
Assignment: We may assign any or all of our rights and obligations to others at any time.
Force Majeure: We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
Severability: If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
No Partnership: There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services.
Interpretation: You agree that these Legal Terms will not be construed against us by virtue of having drafted them.
Electronic Form: You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

19. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

ActionTracker Solutions S.L.

Av. Parc Logístic, 2-10, 3ª planta

Barcelona, Catalonia 08040

Spain

Email: info@actiontracker.eu