Terms of Service

Last updated: October 2026

1. Scope

These Terms of Service ("Terms") govern the use of the Trackneat software-as-a-service platform ("Service"), provided by Lucas Bender, operating under the business name BLEA Media ("Provider", "we", "us"). By creating an account or using the Service, you ("User", "Customer") agree to these Terms. The Service is offered exclusively to businesses (Unternehmer within the meaning of section 14 of the German Civil Code, BGB), i.e. persons and companies using it for their commercial or independent professional activity. We do not enter into contracts with consumers (section 13 BGB). By signing up and by taking out a subscription, the Customer confirms that they act as a business.

2. Service Description

Trackneat is a cloud-based monitoring tool for digital marketing agencies. The Service performs automated checks of tracking pixels, consent banners, and related infrastructure on customer websites. Detailed service descriptions are available on our website.

3. Contract Formation

A contract is formed when the User completes the registration process and we activate the account. We reserve the right to refuse registrations without stating reasons.

4. Usage Rights

We grant the User a non-exclusive, non-transferable, revocable right to use the Service for the duration of the contract term, limited to the scope of the selected subscription plan.

5. User Obligations

The User agrees to:

  • provide accurate and complete information during registration;
  • keep login credentials confidential;
  • use the Service only for lawful purposes;
  • not attempt to circumvent security measures or access data of other users;
  • ensure they have the legal right to monitor any website added to the Service.

6. Service Description and Monitoring Limitations

6.1 Trackneat provides automated monitoring and reporting services on a best-effort basis. We do not guarantee that every tracking-pixel failure, every instance of tracking before cookie consent, or every anomaly will be detected, reported, or flagged within any specific timeframe.

6.2 Automated monitoring has inherent technical limitations, including but not limited to: third-party platform changes, bot-detection mechanisms, content-security policies, dynamic rendering, network interruptions, and changes in customer website code. The service is intended as a supplementary tool to support a user's own checking processes; it does not replace manual reviews, legal advice, or independent due diligence.

6.3 Trackneat does not guarantee uninterrupted availability. During scheduled or unscheduled maintenance, updates, or infrastructure changes, monitoring may be paused, delayed, or temporarily unavailable. No alert, report, or check is guaranteed to occur during such windows.

6.4 Specific features such as consent-banner reject-flow testing and anomaly detection (baseline deviation alerts) are provided on the same best-effort basis. Baseline calculations require sufficient historical data; absence of a baseline or alert does not constitute a guarantee that no issue exists.

7. Fees and Payment

Fees are charged in advance according to the selected subscription plan. All prices are stated exclusive of applicable taxes. Payment is processed via Stripe. Failure to pay may result in suspension or termination of the account.

8. Term and Termination

The contract begins upon account activation and runs for the selected subscription period. It renews automatically unless cancelled by the User before the renewal date. Either party may terminate for cause without notice. The Provider may terminate for good cause, in particular in the event of repeated violations of these Terms.

9. Data Protection

We process personal data in accordance with our Privacy Policy and applicable data protection law, including the GDPR. Where the User processes personal data of end-users through the Service, the User remains responsible for ensuring such processing complies with applicable law. Where we process personal data on behalf of the User, the parties conclude a data processing agreement (AVV) based on the European Commission's Standard Contractual Clauses (Implementing Decision (EU) 2021/915). The User can conclude it in Trackneat under Workspace settings; the text is available at trackneat.com/en/avv. In case of conflict between these Terms and the AVV, the AVV prevails.

10. Intellectual Property

All intellectual property rights in the Service remain with the Provider. The User receives no ownership rights. White-label report branding using the User's logo is permitted within the scope of the selected plan.

11. Limitation of Liability

11.1 BLEA Media / Trackneat is liable without limitation for:

  • damages caused by intentional misconduct (Vorsatz);
  • damages caused by gross negligence (grobe Fahrlässigkeit);
  • injury to life, body, or health;
  • claims under the German Product Liability Act (Produkthaftungsgesetz).

11.2 For damages caused by simple negligence (leichte Fahrlässigkeit), BLEA Media / Trackneat is liable only for breach of a material contractual obligation (wesentliche Vertragspflicht), and liability is strictly limited to the lower of:

  • the total subscription fees paid by the user in the six (6) months immediately preceding the event giving rise to liability; or
  • €3,000.00 (three thousand Euros).

This cap applies to the aggregate total of all claims arising from simple negligence in connection with a single event or a series of related events.

11.3 Under no circumstances shall BLEA Media / Trackneat be liable for:

  • lost advertising spend, wasted media budgets, missed marketing opportunities, or any other consequential, indirect, or special damages;
  • lost profits, loss of anticipated savings, or business interruption losses;
  • damages arising from the User's failure to conduct independent verification or to act on information provided by Trackneat;
  • damages that exceed the foreseeable scope at the time the contract was concluded.

11.4 The limitations in this Section 11 do not apply to the extent they are prohibited by mandatory applicable law.

12. Final Provisions

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is Munich, Germany, if the User is a merchant, legal entity under public law, or special fund under public law. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the parties.

13. Changes to These Terms

We reserve the right to amend these Terms at any time. Material changes will be notified to Users by email or within the Service at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the amended Terms. This section does not apply to the AVV; changes of sub-processors follow Clause 7.7 of the AVV.