Terms of Service

1. About these terms

These Terms of Service ("Terms") govern your use of Afflo (the "Service"), operated by [TO FILL] Legal company name, [TO FILL] Registered address, Slovakia, company ID [TO FILL] IČO ("Afflo", "we", "us").

By creating an account, joining an affiliate program, or otherwise using the Service you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company, you confirm you are authorised to bind that company, and "you" means that company. Brands that process personal data through the Service also agree to the Data Processing Addendum, which forms part of these Terms.

You must be at least 18 years old, or the age of majority where you live, to use the Service.

2. Definitions

• Brand: a merchant that runs one or more affiliate programs on the Service.
• Affiliate: a person or business (including creators and customers) that joins a Brand's program to promote it.
• Program: a Brand's affiliate program, including its commission rate, tracking window, refund window and any program terms the Brand adds.
• Referred Sale: an order placed by a customer that the Service attributes to an Affiliate through a tracking link, discount code, or other attribution method the Brand has enabled.
• Commission: the amount a Brand owes an Affiliate for a Referred Sale under the Program rules.
• Team commission: an optional, additional Commission a Brand may pay an Affiliate on Referred Sales made by Affiliates they invited.

3. Accounts

• Give accurate information and keep it up to date, including your payout details.
• Keep your password secret. You are responsible for everything done through your account. Tell us right away at [TO FILL] contact e-mail if you think it was compromised.
• One person, one affiliate account per Brand. Do not create duplicate or fake accounts, or accounts for other people without their permission.
• Brand owners can invite team members. The Brand is responsible for what its team members do.

4. Brands

If you are a Brand:

• You decide your Program rules: commission rate, tracking window, refund window, approval of Affiliates, discount codes, payout method and any program terms. You must show those rules to Affiliates clearly and apply them fairly.
• You are solely responsible for paying your Affiliates the Commissions they have earned under your Program rules, and for any taxes, invoices or reporting that apply to those payments. Afflo calculates and records Commissions and can help you send payouts, but Afflo is not a party to the agreement between you and your Affiliates and does not pay Commissions on your behalf.
• You must have a lawful basis and any required consent for the tracking you run on your store, including our tracking snippet. See the Cookie Policy for brands.
• You are responsible for your products, store, prices, refunds, customer service and for complying with consumer-protection, advertising and product laws that apply to you.
• When you connect Shopify, WooCommerce, Stripe, PayPal or another service, you authorise us to access it as described when you connect it, and you remain bound by that service's own terms.
• Do not run Programs for illegal products or services, or products you are not allowed to sell.

5. Affiliates

If you are an Affiliate:

• Each Brand decides whether to accept you and may set additional program terms. Where those terms are stricter than these Terms, follow the stricter rule.
• Your relationship for Commissions is with the Brand. Afflo is not your employer, agent or client, and does not guarantee any income.
• Disclose that you earn a commission whenever you promote a Brand (for example "ad", "affiliate link" or "#ad"), as required by consumer-protection and advertising rules and by the platform you post on.
• You are responsible for your own taxes and for registering as a business where the law requires it.
• Only use the Brand's name, logo and materials as the Brand allows, and stop using them when you leave the Program.

6. Acceptable use

Whether you are a Brand or an Affiliate, you must not:

• Spam. No unsolicited bulk e-mail, messages, DMs or comments, no buying e-mail lists, and no messaging people who have not agreed to hear from you where the law requires consent.
• Bid on a Brand's trademarks (including misspellings) in search or social advertising, or register domains or accounts that contain them, unless the Brand has allowed it in writing or in its program terms.
• Make misleading claims. This includes false prices or discounts, fake reviews or testimonials, and fake scarcity. Health claims are especially sensitive: do not say a product cures, treats or prevents a disease, and do not make health, medical, weight-loss or performance claims that the Brand has not approved and that are not allowed by law (for example the EU rules on nutrition and health claims).
• Use cookie stuffing, forced clicks, hidden iframes, adware, browser extensions that overwrite links, or any other method that claims credit for sales you did not genuinely influence.
• Buy through your own link or code, or have friends or family do so, to earn Commission, unless the Brand explicitly allows it.
• Promote a Brand on sites or channels with illegal, hateful, sexually explicit or violent content, or content aimed at children.
• Break the law or the rules of the platform you post on, infringe anyone's rights, or impersonate anyone.
• Interfere with the Service: probing, scanning or testing its security, overloading it, scraping it, or reverse engineering it, except where the law allows.

7. Commissions

• Commissions are earned only on real, completed sales to genuine customers that the Service attributes to you under the Brand's Program rules.
• A Commission first shows as pending. It becomes payable only after the Brand's refund window has passed and the order has not been refunded, cancelled, charged back or found to be fraudulent.
• If an order is refunded or charged back, in whole or in part, the Commission for it is reduced or reversed, including after it was approved. A Brand may deduct an already-paid Commission for a later refund from future Commissions where its program terms say so.
• Attribution follows the Program's rules (for example the tracking window, last-click or code priority). Tracking can fail, for example when cookies are blocked or a customer declines consent. Neither Afflo nor the Brand owes Commission on sales that were not tracked, but you can ask the Brand to review a sale you believe was yours.
• Taxes, shipping and discounts are handled as the Brand sets in its Program. The Brand's records, together with the order data from its store, decide disputes about whether a sale happened.

8. Payouts

• Brands pay payable Commissions using the methods they offer: manual bank transfer, PayPal, Stripe Connect, store credit or products. Each payment provider's own terms and fees apply.
• The Brand sets the payout schedule and any minimum payout threshold. You must provide correct payout details; payments sent to details you entered are treated as paid.
• If a Brand does not pay, your claim is against the Brand. We may, but do not have to, suspend a Brand that repeatedly fails to pay its Affiliates.

9. Team commissions

Some Programs let Affiliates invite other Affiliates and earn a Team commission. Where a Brand enables this:

• Team commissions are paid only as a share of real Referred Sales made by the people you invited, under the same refund and fraud rules as any Commission.
• Nothing is ever paid for recruiting itself. There are no sign-up fees, joining fees, required purchases or inventory requirements, and no reward for the number of people you bring in.
• Do not describe a Program as an investment, a way to get rich, or a business opportunity that depends on recruiting. Do not make income claims.
• Brands must design team programs so they comply with laws against pyramid schemes and unfair commercial practices.

10. Fraud and withheld commissions

The Service checks for signals such as self-referrals, bot or repeated clicks and suspicious orders, and holds them for review. A Brand may withhold, reverse or refuse Commissions that result from fraud, a breach of these Terms or its program terms, or activity it reasonably believes is fraudulent, and may remove the Affiliate from its Program. Where possible the Brand should explain the reason and give the Affiliate a chance to respond. We may also suspend accounts involved in fraud and share information with the affected Brand, payment providers or authorities where the law allows.

11. Creator directory and marketplace

• The creator directory lists public channel information from official sources (YouTube Data API, Apple Podcasts and RSS feeds, Twitch API). Listing someone does not mean they endorse Afflo or any Brand.
• Anyone can remove a profile from its page. Creators can claim their profile by proving ownership. See how we handle directory data.
• Brands that contact creators found in the directory must follow the anti-spam rules in section 6 and applicable e-mail marketing laws, keep messages relevant and personal, and stop when asked.
• The marketplace lists Programs that Brands choose to make public. We do not vet Brands or their products.

12. Your content and data

You keep ownership of the content and data you put into the Service. You give us a limited licence to host, copy and display it only as needed to run the Service for you (for example showing a Brand's program description on its join page). Personal data is handled as described in the Privacy Policy and, for Brands, the Data Processing Addendum. You can ask us for a copy of your data, or for its deletion, as described there.

The Service, its software, design and the Afflo name and logo belong to us. These Terms do not give you any rights to them beyond using the Service.

13. Fees

Affiliates use the Service for free. Brands pay the fees shown in their plan at the time they subscribe, if any. We will give at least 30 days' notice before changing paid fees, and you can cancel before the change takes effect. Fees are exclusive of VAT unless stated otherwise.

14. Suspension and termination

• You can close your account at any time. Brands should pay all Commissions that are payable at the time they close their account or end a Program.
• We may suspend or close an account, or remove content, if you breach these Terms, if required by law, or to protect users, customers or the Service. Where reasonable we will tell you why first and give you a chance to fix the problem.
• Brands can remove Affiliates from their Programs under their program terms. Commissions already payable at that time stay payable unless they were earned through fraud or a breach.
• Sections that by their nature should survive termination (for example payment obligations already accrued, liability and governing law) continue to apply.

15. Disclaimers

We work hard to keep the Service reliable and tracking accurate, but the Service is provided "as is" and "as available". Tracking depends on browsers, consent choices, third-party platforms and how a Brand installs it, so we do not guarantee that every sale will be attributed, that the Service will be uninterrupted or error-free, or any level of sales or income. Nothing in these Terms limits rights you have as a consumer that cannot be excluded by law.

16. Limitation of liability

• We are not liable for indirect or consequential losses, lost profits, lost revenue, lost Commissions or lost data, or for disputes between Brands and Affiliates.
• Our total liability for all claims in any 12-month period is limited to the greater of the fees you paid us in that period or EUR 100.
• These limits do not apply to liability for death or personal injury caused by negligence, for fraud or wilful misconduct, for gross negligence, or to any other liability that cannot be limited under applicable law.

17. Indemnity

If you are a business user, you will compensate us for reasonable losses and costs (including legal fees) arising from third-party claims caused by your breach of these Terms, your products or content, or your promotions, to the extent the claim is caused by you.

18. Governing law and disputes

These Terms are governed by the laws of the Slovak Republic and applicable European Union law, excluding the UN Convention on Contracts for the International Sale of Goods. Disputes will be decided by the competent courts of the Slovak Republic. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live and can bring a claim in your local courts. Before going to court, please contact us so we can try to resolve the issue.

19. Changes to these terms

We may update these Terms, for example when the Service or the law changes. For material changes we will notify account holders by e-mail or in the app at least 30 days before they take effect. If you do not agree, you can close your account before then. Continuing to use the Service after the changes take effect means you accept them. The date at the top shows the latest version.

20. Contact

• Company: [TO FILL] Legal company name
• Registered office: [TO FILL] Registered address, Slovakia
• Company ID (IČO): [TO FILL] IČO, [TO FILL] Commercial register entry
• VAT ID: [TO FILL] VAT ID (IČ DPH)
• Contact: [TO FILL] contact e-mail
• Data protection contact: [TO FILL] privacy e-mail