EULA License

TrackMe Limited (TrackMe) EULA

End-User License Agreement (“Agreement”)

Our EULA was last updated on 10 February 2025.

We provide the Application, also known as TrackMe. In this Agreement, you means the person or entity using the Application. If you are agreeing to this Agreement not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official), then you means your entity and you are binding your entity to this Agreement.

Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using TrackMe, Data Tracking system for Splunk.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

  • “Agreement” means this End-User License Agreement that forms the entire agreement between you and the Company regarding the use of the Application.

  • “Application” means the software program provided by the Company downloaded by You through an Application Store’s account to a device, named TrackMe, Data Tracking system for Splunk.

  • “Application Store” or “Splunk Base” means the digital distribution service operated and developed by Splunk Inc. (“Splunk”) by which the Application can be downloaded to your Splunk Enterprise or Splunk Cloud environment.

  • “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to TrackMe Limited, U.K.

  • “Consequential Loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

  • “Content” refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

  • “Country” refers to: United Kingdom.

  • “Third-Party Services” means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

Acknowledgment

By clicking on “Agree to Download” button in SplunkBase Website, or downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click on the “Agree to Download” button in SplunkBase Website, do not download or do not use the Application.

You must be at least 16 years old to use the Application.

This Agreement is a legal document between you and the Company and it governs your use of the Application made available to you by the Company.

This Agreement is between you and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content.

The Application is licensed, not sold, to you by the Company for use strictly in accordance with the terms of this Agreement.

We may amend this Agreement at any time, by providing written notice to you, unless otherwise stated in this Agreement. By clicking “I accept” or continuing to use the Application after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Agreement. If you do not agree to the amendment, you may cease accessing the Application.

License

Scope of License

Subject to your compliance with this Agreement, the Company grants you a revocable, non-exclusive, non-transferable, royalty free, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement. All other uses are prohibited without our prior written consent.

You may only use the Application on a device that you own or control and as permitted by the Application Store’s terms and conditions.

License Restrictions

When using the Application, you agree not to, and you will not permit others to:

  • do or attempt to do anything that is unlawful or inappropriate;

  • anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or any other legal rights;

  • use the Application to defame, harass, threaten, menace or offend any person, including using the Application to send unsolicited electronic messages;

  • tamper with or modifying the Application (including by transmitting viruses and using trojan horses);

  • use data mining, robots, screen scraping or similar data gathering and extraction tools on the Application;

  • License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party; or

  • Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Application.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights (Our Intellectual Property) are, and shall remain, the sole and exclusive property of the Company.

We authorise you to use Our Intellectual Property solely for your limited commercial use. You must not exploit Our Intellectual Property for any other purpose, nor allow, aid or facilitate such use by any third party.

You must not, without our prior written consent:

  • (a) copy, in whole or in part, any of Our Intellectual Property;

  • (b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or

  • (c) breach any intellectual property rights connected with the Application, including (without limitation) altering or modifying any of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website, or creating derivative works from any of Our Intellectual Property.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with notice and without liability to you.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company provides maintenance and support for licensed customers, customers using the Free community edition are not entitled to any maintenance or support, To the extent that any maintenance or support is required by applicable law, the Company, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services. To the maximum extent permitted by law, we shall have no liability for any Third-Party Services, or any unavailability of the Application due to a failure of the Third-Party Services.

Our solution use a number of third party components, which are documented at the following address: https://docs.trackme-solutions.com/latest/third_party_credits.html

By using our product, you also agree to the terms and conditions of these third party components.

Indemnification

Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.

The restrictions on liability in this Indemnification clause apply to every liability arising under or in connection with this Agreement including liability in statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise.

Nothing in this Agreement limits any liability which cannot legally be limited, including liability for:

  • (a) death or personal injury caused by negligence;

  • (b) fraud or fraudulent misrepresentation;

  • (c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); and

  • (d) defective products under the Consumer Protection Act 1987.

To the maximum extent permitted by law:

  • (a) you agree to indemnify us for any liability we incur due to your breach of the Acknowledgement and/or Licence clauses and the Intellectual Property clause of this Agreement;

  • (b) neither party will be liable for Consequential Loss;

  • (c) each party’s liability for any liability under this Agreement will be reduced proportionately to the extent the relevant liability was caused or contributed to by the acts or omissions of the other party or any of that party’s personnel, including any failure by that Party to mitigate its losses; and

  • (d) our aggregate liability for any liability arising from or in connection with this Agreement will be limited to us resupplying the Application to you.

No Warranties

2.1 You represent, warrant and agree that:

  • (a) you will not use our Application, including Our Intellectual Property, in any way that competes with our business;

  • (b) if you are agreeing to this Agreement not as an individual but on behalf of your company, government, or other entity for which you are acting (for example, as an employee or governmental official), then you access and use the Application on behalf of that entity;

  • (c) there are no legal restrictions preventing you from entering into this Agreement;

  • (d) all information and documentation that you provide to us in connection with this Agreement is true, correct and complete; and

  • (e) you have not relied on any representations or warranties made by us in relation to the Application (including as to whether the Application is or will be fit or suitable for your particular purposes), unless expressly stipulated in this Agreement.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Access, Term and Termination

This Agreement shall remain in effect until terminated by you or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

We may revoke access to the Application at any time by giving 30 days’ written notice to you.

Should we suspect that you are in breach of this Agreement, we may suspend your access to the Application while we investigate the suspected breach. Should we determine that you are in breach of this Agreement, your access to the Application will be terminated immediately.

You may also terminate this Agreement by deleting the Application and all copies thereof from your device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your device.

Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement

Termination and Exit Strategy

TrackMe Limited provides customers with clear termination rights and an exit strategy to ensure a seamless transition in case of service discontinuation.

Termination Rights:

  • Customers may terminate their agreement with TrackMe by providing a written notice of 30 days, to be sent by email to contact@trackme-solutions.com.

  • TrackMe reserves the right to terminate the agreement if the customer breaches its terms, fails to comply with applicable regulations, or engages in unauthorized use of the services.

Exit Strategy and Data Retrieval:

  • Upon termination, customers will have 30 days to download or request a copy of their data before deletion.

  • TrackMe will provide reasonable assistance in transitioning data to another service provider if requested.

  • After the grace period, all customer data will be securely deleted, except where legal or regulatory retention requirements apply.

These provisions ensure that customers maintain control over their data and can transition away from TrackMe services with minimal disruption.

Cooperation with Regulatory Authorities

TrackMe Limited is committed to compliance with applicable regulatory frameworks, including the Digital Operational Resilience Act (DORA). As part of this commitment, TrackMe agrees to:

  • Regulatory Requests: Cooperate with financial regulators, supervisory authorities, and other relevant bodies by providing necessary information related to operational resilience, security, and risk management.

  • Inspections and Assessments: Allow authorized regulators to conduct inspections and assessments of TrackMe’s systems and processes related to ICT risk management.

  • Incident Reporting Assistance: Provide timely support to financial entities in fulfilling their regulatory obligations, including the reporting of ICT-related incidents.

  • Compliance Documentation: Maintain detailed records of security, performance, and business continuity measures, making them available to regulators upon request.

These commitments ensure transparency and regulatory compliance while upholding the security and confidentiality of TrackMe’s services.

Incident Reporting and Notification

TrackMe Limited prioritizes transparency and accountability in managing ICT-related incidents. In accordance with regulatory requirements, including the Digital Operational Resilience Act (DORA), TrackMe follows a structured incident reporting framework.

Incident Notification Commitments:

  • Significant Incidents: TrackMe will notify affected customers within 24 hours of detecting a security breach, data compromise, or major service disruption.

  • Regulatory Assistance: TrackMe will provide customers with relevant details needed to fulfill their regulatory incident reporting obligations.

  • Communication Channels: Incident notifications will be sent via TrackMe’s support helpdesk.

  • Remediation Updates: TrackMe will provide ongoing updates about mitigation efforts and expected resolution timelines for critical incidents.

TrackMe ensures that all incidents are logged, investigated, and remediated promptly, with continuous improvement to prevent recurrence.

Information Security and Compliance

TrackMe Limited is committed to maintaining high security standards to protect customer data and ensure operational resilience. TrackMe adheres to industry-recognized security frameworks and best practices, including:

  • ISO 27001 Compliance: TrackMe follows the principles of ISO 27001 for information security management.

  • SOC 2 Controls: TrackMe implements security, availability, and confidentiality controls aligned with SOC 2 standards.

  • Regular Security Audits: TrackMe conducts periodic internal and external security audits to validate compliance with regulatory and security requirements.

  • Secure Development Practices: TrackMe employs secure coding practices, vulnerability testing, and continuous monitoring to safeguard its applications.

  • Customer Assurance: Upon request, TrackMe can provide security documentation detailing compliance measures and risk management processes.

By adhering to these standards, TrackMe ensures the security, integrity, and confidentiality of its services, in compliance with DORA and other applicable regulations.

Access and Audit Rights

TrackMe Limited acknowledges the importance of regulatory compliance and operational resilience. To ensure adherence to applicable financial regulations, including the Digital Operational Resilience Act (DORA), TrackMe grants authorized financial entities and regulatory authorities the right to conduct audits and assessments of TrackMe’s services related to operational resilience, cybersecurity, and incident response.

Such audits shall be conducted with reasonable notice and during normal business hours. TrackMe shall provide all necessary documentation, access to relevant systems, and support to facilitate these audits, ensuring transparency and compliance with applicable laws.

Financial entities using TrackMe’s services may also conduct internal assessments, subject to confidentiality and security agreements.

Service Performance Standards

TrackMe Limited is committed to maintaining a high standard of service performance to support operational resilience and regulatory compliance. As part of this commitment, TrackMe ensures the following service levels:

  • Availability: TrackMe aims to maintain an uptime of 99.5% measured on a monthly basis, excluding planned maintenance periods.

  • Response Time: TrackMe’s support team will respond to critical service issues within twenty fours (24) business hours.

  • Maintenance and Updates: Regular maintenance and security updates will be communicated in advance, with minimal disruption to service.

  • Data Processing Performance: TrackMe ensures that all data processing activities meet industry standards for accuracy and efficiency.

Any deviations from these service levels will be investigated and remediated promptly. TrackMe Limited will also provide customers with performance reports upon request.

Service Locations and Data Processing

TrackMe Limited operates its services in secure data centers located in the United Kingdom and EU. Customer data may be processed and stored in these locations based on applicable regulatory and compliance requirements.

  • Primary Hosting Locations: TrackMe Limited uses cloud service providers and data centers located in [List countries or regions].

  • Data Transfers: Any data transfers between regions comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) where applicable.

  • Subcontractors: TrackMe may engage third-party cloud providers or partners for infrastructure services. A list of such subcontractors is available upon request.

  • Customer Control: Customers may request information on where their specific instance of TrackMe services is hosted.

TrackMe Limited ensures that all service locations meet high security and operational resilience standards.

Data Protection and Confidentiality

TrackMe Limited is committed to protecting the confidentiality, integrity, and security of customer data. All data collected, processed, and stored within TrackMe services is handled in compliance with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR).

Key Data Protection Measures: - Data Encryption: Customer data is encrypted at rest and in transit using industry-standard encryption protocols. - Access Controls: Strict access controls ensure that only authorized personnel can access sensitive data. - Data Minimization: TrackMe collects and processes only the minimum necessary customer data required for service operation. - Confidentiality Commitments: TrackMe employees, contractors, and third-party service providers are bound by confidentiality obligations. - Customer Rights: Customers have the right to request information on how their data is processed and may request data deletion or correction.

TrackMe Limited continuously evaluates and improves its security measures to maintain compliance with evolving regulatory requirements.

Business Continuity and Disaster Recovery

TrackMe Limited is committed to ensuring the resilience and availability of its services, even in the event of disruptions. To maintain operational stability, TrackMe has implemented comprehensive business continuity and disaster recovery plans.

Key Resilience Measures: - Redundant Infrastructure: TrackMe operates on a highly available infrastructure with redundant components to minimize downtime. - Regular Backups: Customer data is backed up at regular intervals to prevent data loss and ensure quick recovery in case of incidents. - Incident Response Procedures: TrackMe maintains a structured incident response framework to detect, investigate, and mitigate potential threats. - Disaster Recovery Plan: A formal disaster recovery plan is in place, ensuring timely restoration of services in the event of system failures. - Testing and Reviews: Continuity plans and recovery strategies are regularly tested and updated to adapt to evolving risks.

In case of a major disruption, TrackMe will promptly inform customers and provide updates on recovery efforts.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement

The Agreement constitutes the entire agreement between you and the Company regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and the Company.

You may be subject to additional terms and conditions that apply when you use or purchase other Company’s services, which the Company will provide to you at the time of such use or purchase.

Assignment

You must not assign or deal with the whole or any part of your rights or obligations under this Agreement without our prior written consent.

Contracts (Rights of Third Parties) Act 1999

Notwithstanding any other provision of this Agreement, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a party to it.

Contact Us

If you have any questions about this Agreement, you can contact Us: