Terms of Service
1. Acceptance
These Terms of Service (“Terms”) govern your access to and use of the AffTrack platform and afftrack.com (the “Service”), provided by Afftrack, Inc. (“AffTrack,” “we,” “us”). By creating an account or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you are authorized to bind that organization.
2. The Service
AffTrack provides affiliate-tracking and performance-marketing software, including real-time tracking, reporting, fraud detection, offer management and API access. We may update, improve or modify features of the Service over time.
3. Accounts
You are responsible for the information you provide, for keeping your credentials secure, and for all activity under your account. Notify us promptly of any unauthorized use. You must provide accurate information and keep it up to date.
4. Acceptable use
You agree not to use the Service to violate any law or third-party right, to transmit malicious code, to interfere with or disrupt the Service, to attempt unauthorized access, or to send fraudulent, deceptive or non-compliant traffic. You are responsible for ensuring your affiliates and campaigns comply with applicable laws and network requirements.
5. Fees, trial & billing
New accounts include a 1-month free trial. After the trial, the Service is billed at $199 per month for unlimited usage unless otherwise agreed in writing. There is no long-term contract, and you may cancel at any time; cancellation stops future charges but does not entitle you to a refund of fees already paid, except where required by law. Fees are exclusive of taxes, which you are responsible for.
6. Your data & responsibilities
You retain ownership of the data you and your affiliates submit to the Service (“Customer Data”). You grant us the rights needed to host and process Customer Data to provide the Service. You are responsible for the accuracy and legality of Customer Data and for providing any required notices and obtaining any required consents from your affiliates and end users.
7. Availability
We work to keep the Service reliable and available, but it is provided on an “as available” basis. Any specific uptime commitments will be set out in a separate service-level agreement if offered. We may perform maintenance and will aim to minimize disruption.
8. Intellectual property
The Service, including its software, design and content (excluding Customer Data), is owned by AffTrack and its licensors and is protected by law. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with these Terms. You may not copy, modify, resell or reverse-engineer the Service except as permitted by law.
9. Disclaimers
Except as expressly stated, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.
10. Limitation of liability
To the maximum extent permitted by law, AffTrack will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits or revenues, arising out of or related to the Service. Our total liability for any claim will not exceed the amount you paid us for the Service in the twelve months before the claim.
11. Termination
You may stop using the Service and close your account at any time. We may suspend or terminate access if you breach these Terms, fail to pay fees, or use the Service in a way that risks harm to us or others. On termination, your right to use the Service ends; certain provisions survive by their nature.
12. Changes
We may update these Terms from time to time. When we make material changes, we will revise the effective date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance.
13. Governing law
These Terms are governed by the laws of the jurisdiction in which Afftrack, Inc. is established, without regard to conflict-of-laws principles. The specific governing law and venue should be confirmed by counsel before publishing.
14. Contact
Questions about these Terms? Email support@afftrack.com.