1. The Service

1.1. What we provide

The Platform allows you to recruit and manage affiliates, distribute affiliate links, track clicks and conversions, calculate commissions, generate tax forms, and maintain records of payouts to affiliates.

1.2. What we do not do

The Platform is a software-as-a-service tool. We are not a payment processor, paymaster, fiscal intermediary, employer of your affiliates, or party to the commercial relationship between you and your affiliates. You are solely responsible for paying your affiliates and for any tax, employment, or commercial obligations arising from your affiliate program. The only exception is the optional integrated PayPal payout flow, where the Platform provides technical assistance in initiating PayPal payments on your instruction.

2. Accounts and eligibility

2.1. Account registration

You must register an account to use the Platform. You agree to:

• Provide accurate, current, and complete information.
• Keep your account information up to date.
• Maintain the security of your account credentials.
• Notify us promptly at support@affy.pro if you discover or suspect any unauthorised use of your account.

2.2. Eligibility

You must be at least 18 years old, legally able to enter into a contract in your jurisdiction, and not subject to sanctions or trade restrictions that would prohibit your use of the Platform. The Platform is intended for use by businesses. It is not intended for personal or household use.

3. Acceptable use and prohibited businesses

3.1. Acceptable use

You agree not to use the Platform to:

• Violate any applicable law or regulation.
• Infringe intellectual property rights, privacy rights, or any other rights of others.
• Engage in click fraud, cookie stuffing, incentivised click schemes, traffic manipulation, or any other practice prohibited by advertising regulators (such as the FTC, ASA, or equivalent in your jurisdiction).
• Send unsolicited bulk communications, spam, or any communication in breach of CAN-SPAM, the ePrivacy Directive, or equivalent laws.
• Upload, transmit, or process malware, viruses, or harmful code.
• Reverse-engineer, decompile, or attempt to derive the source code of the Platform.
• Resell, sublicense, or provide the Platform to third parties as your own service.
• Circumvent any access controls, rate limits, or security mechanisms.
• Use the Platform to harass, threaten, defame, or harm any person.

3.2. Prohibited businesses

The Platform may not be used by, or in connection with, businesses operating in any of the following categories:

• Illegal goods or services in any jurisdiction in which they are offered.
• Adult content, pornography, or sexually explicit services.
• Firearms, ammunition, weapons, or related accessories.
• Gambling, lottery, sports betting, or fantasy sports involving real-money wagering, unless properly licensed in every jurisdiction in which they are offered.
• Cannabis, CBD, kratom, or other regulated psychoactive substances.
• Pyramid schemes, multi-level marketing structures with no genuine retail product, get-rich-quick schemes, or "no-risk" investment schemes.
• Debt collection, debt relief, debt consolidation, or credit repair services.
• Cryptocurrency token sales, ICOs, or promotion of unregistered securities.
• Counterfeit goods, trademark infringement, or grey-market resale prohibited by the rights holder.
• Any business prohibited by our payment processors (Stripe and Paddle), as updated by them from time to time.

We may, at our discretion, decline to provide service to or terminate the account of any Client whose business falls within or close to these categories.

3.3. Affiliate-program-specific warranties

You warrant that:

• You have, and will maintain, all necessary consents and a lawful basis under applicable law (including GDPR and the ePrivacy Directive) to install tracking cookies, pixels, and similar technologies on end-users' devices in connection with your affiliate program.
• You will use the data-requires-consent="true" configuration of the Affy tracking script and the consentGranted() API for any visitors in jurisdictions where prior consent is required.
• You will provide all required disclosures in your own privacy policy and cookie notice regarding tracking conducted via the Platform.
• You have a lawful basis to share end-customer personal data with Affy for the purpose of conversion attribution, and you disclose this sharing in your own privacy notice.
• You are solely responsible for the lawfulness, accuracy, and content of any data you upload to or cause to be processed by the Platform, including affiliate personal data, free-text fields, and webhook custom metadata.
• You will not use the Platform to attribute or pay commissions for transactions conducted in violation of applicable law.

4. Fees, payment, and refunds

4.1. Subscription fees

Fees are as set out in your subscription plan, which forms part of the Agreement. Fees are charged in advance on a monthly or annual basis, depending on your plan.

4.2. Payment terms

• We charge fees automatically through the payment method on file, on the renewal date.
• All fees are exclusive of taxes (including VAT), which are added where applicable.
• Failed payments may result in suspension of the Service after notice and a reasonable cure period.

4.3. Refunds

Subscription fees are non-refundable, except as set out below or as required by mandatory consumer protection law.

We will refund pre-paid fees on a pro-rata basis if:

• We materially breach these Terms and fail to cure the breach within 30 days of written notice.
• You exercise the termination-without-penalty right under Section 6 of the DPA (objection to a new sub-processor).
• We discontinue the Service permanently.

4.4. EU consumer 14-day withdrawal

If you are an individual consumer resident in the European Union or the European Economic Area entering into the Agreement for purposes outside your trade, business, craft, or profession, you have the right to withdraw from the Agreement within 14 days of acceptance, without giving any reason, under the EU Consumer Rights Directive.

Express request and waiver. By starting to use the Service during the 14-day withdrawal period, you expressly request that we begin performance immediately, and you acknowledge that you lose the right of withdrawal once the Service has been fully performed (where performance has begun with your consent and acknowledgement that the right of withdrawal will be lost).

To exercise the right of withdrawal where it has not been waived, email support@affy.pro before the end of the 14-day period. The Platform is intended for business use, so this right will rarely apply.

4.5. Fee changes

We may change fees with at least 30 days' written notice. Changes take effect at the start of the next billing cycle after the notice period. If you do not accept a fee change, you may terminate the Service before the effective date and receive a pro-rata refund of any pre-paid fees for the unused portion of the term.

5. Intellectual property

5.1. Our IP

The Platform, including all software, design, content, trademarks, logos, and documentation, is owned by Affy or its licensors. We grant you a non-exclusive, non-transferable, revocable licence to use the Platform during the term of the Agreement, solely for your internal business purposes and in accordance with these Terms. You do not acquire any ownership interest in the Platform.

5.2. Your data

You retain all rights, title, and interest in the data you submit to the Platform ("Client Data"). You grant Affy a non-exclusive, worldwide, royalty-free licence to host, copy, transmit, display, and process Client Data solely as necessary to provide the Service, comply with legal obligations, and improve the Platform (in aggregated, anonymised form only).

5.3. Feedback

If you provide us with suggestions, comments, or other feedback about the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use that feedback for any purpose, without obligation to you.

6. Confidentiality

Each party may receive confidential information from the other in connection with the Agreement. Each party agrees to:

• Use the other party's confidential information only as necessary to perform under the Agreement.
• Protect the other party's confidential information with the same degree of care it uses for its own confidential information, but no less than reasonable care.
• Not disclose the other party's confidential information to third parties except to its personnel and advisors who need to know and who are bound by confidentiality obligations.

This obligation does not apply to information that is publicly available, was independently developed, was lawfully received from a third party, or is required to be disclosed by law (with notice to the other party where lawful).

7. Service Level

7.1. Target uptime

We target 99.5% monthly uptime for the production Platform, excluding:

• Scheduled maintenance with at least 24 hours' advance notice.
• Force majeure events (Section 12).
• Failures of third-party services on which the Platform depends, where the failure is not caused by Affy's act or omission.
• Issues caused by your acts, omissions, or systems.

7.2. Service credits

Where uptime falls below 99.5% in a given calendar month for reasons within our control, we will credit your account on request:

• Below 99.5% but ≥ 99%: 5% of the monthly fee for that month.
• Below 99% but ≥ 95%: 15% of the monthly fee for that month.
• Below 95%: 30% of the monthly fee for that month.

Service credits are your sole and exclusive remedy for uptime failures and are credited against future invoices, not refunded in cash.

7.3. Beta features

Features marked "beta", "preview", or "experimental" are excluded from the SLA.

8. Suspension and termination

8.1. Termination by you

You may terminate the Agreement at any time by closing your account from the platform settings or by emailing support@affy.pro. Termination is effective at the end of your current paid term, unless otherwise agreed.

8.2. Termination by us

We may terminate or suspend the Agreement, in whole or in part, with notice to you, if:

• You materially breach these Terms and fail to cure the breach within 30 days of written notice (where curable).
• You become insolvent, file for bankruptcy, or cease ordinary business operations.
• We are legally required to terminate.
• Your use of the Platform creates a security risk or material liability for us or our other clients.

We may suspend your account immediately, without prior notice, for severe breaches such as fraud, illegal activity, or use of the Platform for prohibited businesses (Section 3.2), with notice provided as soon as practicable thereafter.

8.3. Effect of termination

On termination:

• Your access to the Platform ends.
• You may export your data for 90 days after termination through the export functionality.
• After 90 days, we will delete or anonymise your data in accordance with our DPA and Privacy Policy, subject to legal retention obligations.
• Pre-paid fees are non-refundable except as set out in Section 4.3.
• Any sums owed by you to us at the date of termination remain payable.
• Provisions of these Terms that by their nature should survive termination (including IP, confidentiality, indemnification, liability, governing law) survive termination.

9. Disclaimers

To the maximum extent permitted by law:

• The Platform is provided "as is" and "as available", without warranty of any kind.
• We do not warrant that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components, beyond the SLA in Section 7.
• We do not warrant any specific result from your affiliate program, including specific levels of revenue, conversion, or affiliate engagement.
• We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimer is prohibited by law.

10. Limitation of liability

10.1. Liability cap

To the maximum extent permitted by law, our total aggregate liability under or in connection with the Agreement is limited to the total fees paid by you to us in the 12 months preceding the event giving rise to the claim.

10.2. Excluded damages

Neither party is liable for indirect, special, consequential, incidental, exemplary, or punitive damages, or for lost profits, lost revenue, lost business, or lost data, even if advised of the possibility of such damages.

10.3. Carve-outs from the cap

The liability cap and exclusions in 10.1 and 10.2 do not apply to:

• A party's indemnification obligations under Section 11.
• A party's breach of confidentiality obligations under Section 6.
• Either party's wilful misconduct or fraud.
• Any liability that cannot be excluded or limited under applicable law (including mandatory consumer protection law and liability for death or personal injury caused by negligence).

10.4. Mandatory consumer protections

Nothing in these Terms excludes or limits any rights you have under mandatory consumer protection law that cannot be excluded or limited.

11. Indemnification

11.1. By you

You will indemnify, defend, and hold Affy harmless from and against any third-party claim, loss, liability, damage, and reasonable expense (including legal fees) arising out of or in connection with:

• Your breach of these Terms, including the acceptable use and prohibited business clauses.
• Your breach of applicable law (including data protection law, advertising law, and tax law).
• Client Data, including its lawfulness, accuracy, and the lawfulness of the means by which you obtained it.
• Your affiliate program, including disputes with affiliates and end-customers.
• Your use of the Platform in a manner not authorised by these Terms.

11.2. By us

We will indemnify, defend, and hold you harmless from and against any third-party claim that the Platform, when used in accordance with these Terms, infringes that third party's intellectual property rights, excluding claims arising from Client Data, modifications not made or authorised by us, or use in combination with software not provided by us.

If the Platform becomes subject to an infringement claim, we may at our option (i) procure the right for you to continue using it, (ii) modify or replace it to make it non-infringing, or (iii) terminate the Agreement with a pro-rata refund of pre-paid fees.

11.3. Procedure

The party seeking indemnification will (a) promptly notify the indemnifying party of the claim, (b) provide reasonable cooperation, and (c) give the indemnifying party sole control of the defence and settlement, provided that no settlement that admits liability or imposes obligations on the indemnified party may be agreed without the indemnified party's prior written consent.

12. Force majeure

Neither party is liable for failure or delay in performing its obligations under the Agreement (other than payment obligations) due to causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, labour disputes, internet or telecommunication failures, hosting-provider outages, and natural disasters.

The affected party will notify the other promptly and use reasonable efforts to mitigate the effect. If a force majeure event continues for more than 60 days, either party may terminate the Agreement on written notice, with a pro-rata refund of pre-paid fees for the unused portion of the term.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified to you at least 30 daysbefore they take effect, by email and through an in-platform notice. Non-material changes (typo corrections, clarifications) take effect when posted, with an updated "Last updated" date at the top.

If you do not accept a material change, you may terminate the Agreement before the effective date and receive a pro-rata refund of any pre-paid fees for the unused portion of the term. Continued use after the effective date constitutes acceptance.

14. Governing law and disputes

14.1. Governing law

These Terms are governed by the laws of the Republic of Latvia, excluding its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

14.2. Jurisdiction

Subject to Section 14.3, any dispute arising out of or in connection with these Terms is subject to the exclusive jurisdiction of the courts of Riga, Latvia.

14.3. Mandatory consumer rights

If you are an individual consumer in the European Union or the European Economic Area, nothing in this Section 14 deprives you of the protection of mandatory consumer law in your country of residence, including the right to bring proceedings in the courts of your country of residence.

15. General

16. Contact