Last updated: April 23, 2026
These Terms of Service ("Terms") are a binding agreement between you and ClickThere Marketing, LLC, a Texas limited liability company headquartered in Austin, Texas, doing business as TrustedCount ("TrustedCount," "we," "us," or "our"). They govern your access to and use of the TrustedCount website, dashboard, tracking snippet, APIs, and related services (collectively, the "Service"). By creating an account, installing the tracking snippet, or otherwise using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization. TrustedCount may update or modify this Agreement or the Privacy Policy at any time and such updated versions will be posted on the Site. You are responsible for periodically checking the Agreement and Privacy Policy. Your continued use of the Site and/or the Services after this Agreement and/or Privacy Policy are updated shall be deemed acceptance of any such updated Agreement and/or Privacy Policy.
Please read Section 18 (Dispute Resolution; Arbitration; Class Action Waiver) carefully. It requires most disputes to be resolved through individual arbitration and limits the remedies available to you.
TrustedCount provides real-time conversion tracking, UTM and click-ID attribution, reporting, and alerting for websites and ad campaigns. You install a tracking snippet (or call our server-side API) on properties you own or operate, and we collect, process, and display the resulting conversion data in your dashboard and notifications. The specific features available to you depend on the plan you select.
To use the Service you must be at least 18 years old and legally able to enter into a binding contract. You agree to provide accurate, current, and complete information when you register and to keep that information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at [email protected] if you suspect unauthorized access.
You may not use the Service if you are barred from doing so under the laws of the United States or any other applicable jurisdiction, including applicable export-control and sanctions laws.
Plans and fees. Paid plans are billed in advance on a monthly or annual basis, at the prices listed on our pricing page when you sign up or renew. Fees are stated exclusive of applicable taxes, which you are responsible for paying.
Automatic renewal. Subscriptions renew automatically for successive terms of the same length unless you cancel before the renewal date. By subscribing, you authorize us (and our payment processor) to charge your payment method on each renewal date.
Price changes. We may change pricing on renewal with at least 30 days' prior notice by email or in-product notice. If you do not agree to the new price, you may cancel before it takes effect.
30-day refund. New customers may request a full refund of their first payment within 30 days of that initial charge by emailing [email protected]. Outside that window, fees are non-refundable except where required by applicable law.
Payment processing. Payments are processed by Stripe, Inc. and are subject to Stripe's terms and privacy policy in addition to these Terms. You are responsible for keeping your payment method current. If a charge fails, we may suspend the Service until it is paid.
We may offer a free trial of the Service. Unless you cancel before the trial ends, your account will convert to a paid plan at the then-current price and your payment method will be charged. You can cancel at any time from your account settings. Trial terms may vary and are described at the point of signup.
Your cancellation. You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period; you will retain access through that period and will not be charged for the next one.
Our termination. We may suspend or terminate your access to the Service, in whole or in part, if: (a) you materially breach these Terms; (b) your account is past due; (c) your use of the Service creates a security, legal, or operational risk to us, other customers, or third parties; or (d) we are required to do so by law. Where practical and appropriate, we will give you notice and an opportunity to cure before termination.
Effect of termination. On termination, your right to use the Service ends. We may delete your account data after a reasonable grace period (typically 30 days), after which data may be unrecoverable. Sections that by their nature should survive termination will survive, including those on fees owed, ownership, disclaimers, limitations of liability, indemnification, and dispute resolution.
You agree not to, and not to allow any third party to:
We may investigate suspected violations and take appropriate action, including suspending or terminating accounts.
Ownership. As between you and us, you own the conversion data and other content you submit to the Service ("Customer Data"). You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display Customer Data as necessary to operate and provide the Service to you, to prevent or address technical or security issues, and to comply with law.
Your responsibilities. You represent and warrant that: (a) you have all rights, permissions, and lawful bases necessary to collect Customer Data and to send it to us; (b) your Customer Data and its use by us as permitted under these Terms will not violate any law or third-party right; and (c) you will provide any notices to and obtain any consents from your end users that applicable law requires, including any cookie or tracking-consent banners.
Processor relationship. For Customer Data that contains personal information, you act as the data controller (or business) and we act as the processor (or service provider). A Data Processing Addendum ("DPA") is available on request by emailing [email protected], and, once executed, forms part of these Terms.
Aggregated data. We may generate de-identified, aggregated data from Customer Data (for example, benchmarks or product analytics) and use it to operate, improve, and promote the Service. Aggregated data does not identify you or your end users.
Our collection and use of information about you and your end users is described in our Privacy Policy, which is incorporated into these Terms.
The Service — including our software, dashboards, tracking snippet, APIs, documentation, logos, and trademarks — is owned by us or our licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription term.
If you send us suggestions, feature requests, or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use it for any purpose without obligation or attribution to you.
The Service relies on third-party providers, including Stripe for payment processing and Cloudflare for infrastructure. Your use of those providers' services, where applicable, is also subject to their terms. We are not responsible for third-party services we do not control, and any integrations you enable with third-party platforms (such as ad networks or email providers) are at your discretion and under your agreement with those third parties.
Each party may receive non-public information from the other that is marked or should reasonably be understood as confidential ("Confidential Information"). Each party will: (a) use the other's Confidential Information only to exercise its rights and perform its obligations under these Terms; and (b) protect it with the same degree of care it uses for its own similar information, and at a minimum reasonable care. Confidential Information does not include information that is publicly available, independently developed, or rightfully received from a third party without a duty of confidentiality.
We strive to keep the Service available and performing well, but we do not guarantee that it will be uninterrupted, error-free, or always timely. We may perform maintenance (planned or emergency) that temporarily affects availability. Where we offer service-level commitments, they are described in a separate written agreement.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE. We do not warrant that the Service will meet your requirements, that alerts will always be delivered, that every conversion will be captured, or that the Service will be free of errors or interruptions. Your business decisions are your own; TrustedCount is a tool, not a substitute for your judgment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ADVERTISING SPEND, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EACH PARTY'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $100.
These limitations apply to all claims, whether based in contract, tort (including negligence), strict liability, or otherwise. They do not apply to a party's indemnification obligations, breach of the acceptable-use section, or liability that cannot be limited under applicable law.
By you. You will defend, indemnify, and hold harmless TrustedCount and its officers, directors, employees, and agents from and against any third-party claim, and any resulting losses, damages, and reasonable attorneys' fees, arising out of: (a) Customer Data; (b) your use of the Service in breach of these Terms or applicable law; or (c) your violation of any third-party right, including privacy rights.
By us. We will defend you against any third-party claim alleging that the Service, when used as permitted under these Terms, infringes that third party's United States intellectual property rights, and we will pay damages finally awarded against you (or agreed in a settlement approved by us) in connection with such a claim. If we believe the Service is or may become the subject of such a claim, we may at our option modify the Service to be non-infringing, obtain a license for your continued use, or terminate your subscription and refund any prepaid, unused fees. This paragraph states our entire liability for infringement claims.
Process. The party seeking indemnification must: (a) promptly notify the other in writing of the claim; (b) give the other sole control of the defense and settlement (provided it does not settle any claim that imposes a non-monetary obligation on the indemnified party without that party's consent); and (c) provide reasonable cooperation.
We are continuously improving the Service and may add, modify, or remove features over time. We will not materially reduce the core functionality of your plan during a paid term without giving you a reasonable opportunity to cancel and receive a prorated refund of prepaid, unused fees.
We may update these Terms from time to time. We encourage you to check back often for any changes. Changes that are required to comply with law or that are favorable to you may take effect sooner. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, your sole remedy is to stop using the Service and cancel your subscription.
These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 19, the state and federal courts located in Travis County, Texas have exclusive jurisdiction over any dispute not subject to arbitration, and each party consents to personal jurisdiction and venue there and waives any objection based on inconvenient forum.
Informal resolution. Before filing any claim, you agree to try to resolve the dispute informally by contacting us at [email protected]. If we are unable to resolve a dispute within 30 days, either party may commence a formal proceeding as described below.
Binding arbitration. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (and, where applicable, its Consumer Arbitration Rules). The arbitration will take place in Travis County, Texas, or, at your election if you are an individual consumer, in the U.S. county in which you reside, or by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.
Class action waiver. YOU AND TRUSTEDCOUNT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of class or representative action. If this class action waiver is found to be unenforceable as to a particular claim, that claim will be severed from the arbitration and brought in court, while the remaining claims will proceed in arbitration.
Carve-outs. Either party may (a) bring an individual action in small-claims court; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information; and (c) pursue claims that are not subject to arbitration under applicable law.
Opt-out. You may opt out of this arbitration agreement by emailing [email protected] with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out will not affect any other part of these Terms.
You agree to comply with all applicable U.S. and foreign export-control and sanctions laws. You represent that you are not located in, and will not use the Service on behalf of, any country or party subject to comprehensive U.S. sanctions, and that you are not on any U.S. government list of restricted or denied parties.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. Any attempted assignment in violation of this section is void.
Neither party will be liable for any failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, pandemics, internet or utility outages, or third-party provider failures.
We may give you notices by email to the address associated with your account, by posting in the Service, or by any other reasonable means. You must send legal notices to us by email to [email protected], with a courtesy copy by mail to ClickThere Marketing, LLC, Austin, Texas (mailing address available on request). Notices are effective on receipt.
These Terms, together with our Privacy Policy and any DPA or order form executed between us, are the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings on that subject. No waiver of any term will be effective unless in writing, and no failure to enforce a right is a waiver of that right. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the rest of the Terms will remain in effect. The parties are independent contractors; these Terms do not create any partnership, joint venture, agency, or employment relationship. There are no third-party beneficiaries. Headings are for convenience only.
Questions about these Terms? Email [email protected].