Terms of service - AffiliationSoftware

Terms of service

Terms of service

The following terms of service apply to the website https://www.affiliationsoftware.network (hereby “AffiliationSoftware”) and to the software provided by AffiliationSoftware. Please read these terms of service carefully before using our website and software. By using our website and software you indicate that you accept these terms of service and that you agree to abide by them. If you do not agree to these terms of service, please refrain from using our website and software.

1. Eligibility 

You must use our website and our software only in compliance with these terms of service and all applicable local, state, national, and international laws, rules, and regulations. 

You must be 18 years or older to purchase a license and to use our software. 

By using our website and software, you represent and warrant that you have the full right, power and authority to enter into these terms of service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms of service.

If you are entering into these terms of service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, in which case the term “You” shall refer to such entity. 

2. Introduction

AffiliationSoftware is a proprietary software designed to help you create and manage your affiliate network. You can purchase a license to use our software to promote websites, measure web traffic and conversions produced by your users and rewards them for such activities. Our software is sold with a SaaS license (Software as a Service), therefore the software is installed and hosted in our servers and made available to you as an online service.

AffiliationSoftware’s website and software are owned and operated by the company IPELWEB di Ilario Pellandini, Vellano, 6583 S. Antonio, Switzerland, VAT number CHE115744305.

If you have questions or concerns about these terms of service, our website or software, please contact us through our support page.

3. Subscription plans

AffiliationSoftware offers monthly and annual subscription plans. When you subscribe for a plan, you agree and declare to purchase a license to use our software for the price and for the period advertised on our website. Please check the subscription plans’ price and features before placing an order.

You will be able to subscribe with a 30-day free trial before upgrading to a paid plan. The 30-day free trial can be cancelled at any time by you, before upgrading to a paid plan. If you already subscribed for a 30-day free trial, even if you canceled it before the expiration date, you cannot access another one and you must purchase a license. 

When you subscribe, AffiliationSoftware will send you an email for confirmation. This email will be produced automatically so that you have confirmation of your subscription and initiation of your license. If you do not receive the email, it is possible that the email has been sent to your spam folder.

AffiliationSoftware may cancel any subscription and not provide the license and may change or discontinue the availability of its subscription plans at any time in its sole discretion.

4. Licenses

When you subscribe for a plan, AffiliationSoftware gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software. This license is for the sole purpose of enabling you to use our software, in the manner permitted by these terms of service. 

You may not copy, modify, distribute, sell, or lease any part of our software, nor may you reverse engineer or attempt to extract the source code of our software. You agree not to use our software negligently, for fraudulent purposes or in an unlawful manner. Likewise, you agree not to partake in any conduct or action that could damage the image, interests or rights of AffiliationSoftware.

AffiliationSoftware reserves the right to terminate your license immediately, with or without notice, and without liability to you, if AffiliationSoftware believes that you have violated any of these terms of service.

5. Payments

All payments are processed by PayPal, Stripe, credit card, debit card or bank transfer. Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase or renewal of your license. All fees are exclusive of all taxes, levies, or duties imposed by your taxing authorities, and you shall be responsible for the payment of all such taxes, levies, or duties.

The license is billed in advance on a monthly or yearly basis and is non-refundable with the exception of the first 30 days after your first subscription (30 days payback guarantee). There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for unused months with an open account. There will be no refunds or credits for plugins, additional services and software customization. The payment fees, including paypal fees, will not be refunded.

Subscription plans may include automatic recurring payments. If you enable recurring payments you authorize AffiliationSoftware to renew your license and to charge you periodically and progressively. Your account will be automatically charged at the expiration date of your license, with all applicable fees, for the next period. The license will automatically renew until you cancel it or we terminate it.

6. Cancellation

You are solely responsible for properly canceling your license. 

You can cancel your license at any time by writing us an email or by cancelling your recurring payments from your PayPal or Stripe account. If you cancel your license before the end of your current paid up period, the cancellation will take effect on the next expiration date and you will not be charged again. If you enabled automatic recurring payments, your license will automatically renew for an additional period unless cancelled before the next expiration date. Your failure to renew the license within its expiration date will be considered as a cancellation request.

Your account and all of your contents will be immediately deleted from our server upon cancellation. These contents cannot be recovered once your license is canceled. 

AffiliationSoftware, in its sole discretion, has the right to suspend or cancel your license and refuse any and all current or future use of the software, for any reason at any time. We may, but have no obligation to, remove accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.

7. Account

When you subscribe for a plan, you will be assigned with an account and a password and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account, including your use of the software. You agree to (a) immediately notify AffiliationSoftware of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. AffiliationSoftware will not be liable for any loss or damage arising from your failure to comply with these terms of service.

By providing AffiliationSoftware with your email address you consent to our use of your email address to send you emails about the services, including those required by law. We may also use your email address to send you notifications and other messages, such as changes, news, and special offers regarding AffiliationSoftware. If you do not wish to receive these emails, you may opt-out of receiving them by using the "unsubscribe" option available in the emails. Opting out may prevent you from receiving emails about updates, news or offers. 

AffiliationSoftware reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if AffiliationSoftware believes that you have breached any of these terms of service, furnished AffiliationSoftware with false or misleading information, or interfered with the use of our website or software.

8. Personal data

Any personal information you post on or otherwise submit in connection with the use of our website and software will be used in accordance with our Privacy Policy. 

9. Responsibility

Because of the nature of the Internet, AffiliationSoftware provides and maintains the website and the software on an "as is", "as available" basis and makes no promise that your use of the website and software will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our online services for any reason beyond our control. 

AffiliationSoftware excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to AffiliationSoftware. AffiliationSoftware shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to: Any incorrect or inaccurate information on AffiliationSoftware website or software; Any loss or damage resulting from your use or the inability to use our website and software; Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss; The infringement by any person of any intellectual property rights of any third party caused by your use of our website and software; Any amount or kind of loss or damage due to viruses or other malicious software that may infect a computer, software, data or other property caused by persons accessing or using our website and software, or from transmissions via emails or attachments; All representations, warranties, conditions and other terms which but for this notice would have effect.

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

AffiliationSoftware will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control.

You will be responsible for any breach of these terms of service by you and if you use our website or software in breach of these terms of service you will be liable to and will reimburse AffiliationSoftware for any loss or damage caused as a result.

10. Software disclaimer

By using our website and software, you accept personal responsibility for the results of your actions while using them. You agree to assume full responsibility for any damages caused as a result of using our website and software. The correct use of our website and software is at your risk and responsibility. AffiliationSoftware will not accept claims from third parties for the use or misuse of its website and software by you. AffiliationSoftware will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of our website and our software.

11. Electronic Communications

No responsibility will be accepted by AffiliationSoftware for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, lack of accessibility or availability of online services or for traffic congestion or unauthorized human act, including any errors or mistakes.

12. Server usage

If your CPU or bandwidth usage exceeds monthly limit, or significantly exceeds the average usage, we reserve the right to immediately suspend your account or throttle your file hosting until you can reduce your bandwidth consumption or upgrade your account. If AffiliationSoftware takes any corrective action under this section, you shall not be entitled to a refund of any fees paid in advance prior to such action.

13. Indemnification

You agree to defend and indemnify AffiliationSoftware and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to attorney's fees and court costs, brought by third parties as a result of: Your breach of these terms of service; Your violation of any law or the rights of a third party using our website and software.

14. Prohibited Activities 

The contents and information available on our website and software (including, but not limited to: data, text, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such contents, information and services, are owned by AffiliationSoftware or licensed to AffiliationSoftware by third parties. For all contents other than your contents, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or resell any content, information or services obtained from or through our website and software. In addition, you agree not to do so: Use our website and software for any commercial purpose, other than those commercial purposes explicitly permitted under this agreement and as provided by AffiliationSoftware; Attempt to modify, adapt, edit, decompile, disassemble or reverse engineer our website and software; Evade, disable or otherwise interfere with security-related measures of our website and software; Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.

15. Copyright

All materials on our website and software, including, without limitation, names, logos, trademarks, images, text, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and other intellectual property rights owned and controlled by AffiliationSoftware or by third parties that have licensed or otherwise provided their material to AffiliationSoftware. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without AffiliationSoftware prior express written permission. Any unauthorized attempt to modify or distort any material, to defeat or circumvent any security features, or to utilize our website and software or any part of the material for any purpose other than its intended purposes is strictly prohibited. 

16. User content

Certain features of our website and software may allow users to upload or provide contents, which may consist of messages, images, video, text and others. You retain any copyright you may have in the contents you provide through our website and software. You are responsible for all contents posted and activity that occurs under your account, even if the contents were posted by other users under your license. AffiliationSoftware is not responsible for the accuracy, security or legality of the users’ contents provided or posted through our website and software. Users are solely and exclusively responsible for their contents and the consequences of providing or publishing their contents. By providing contents to or through our website and software, you grant AffiliationSoftware a worldwide, non-exclusive, fully paid right and license to host, store, transfer, display, perform, reproduce, publish, modify, and display your contents through our website and software.

17. User content representations and warranties

AffiliationSoftware disclaims any and all liability in connection with user content. You are solely responsible for your contents and the consequences of providing such content through our website and software. By providing user contents via our website and software, you affirm, represent, and warrant that: a) You are the creator and owner of the contents, or have the necessary licenses, rights, consents, and permissions to authorize AffiliationSoftware and your users to use and distribute your contents as necessary to exercise the licenses granted by you in this section. b) Your contents, and the use of your contents as contemplated by these terms of service, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause  AffiliationSoftware to violate any law or regulation. c) Your contents could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. d) Your contents do not and will not contain hateful content, a threat of physical harm, or harassment.

18. User content disclaimer

AffiliationSoftware may, at any time and without prior notice, screen, remove, edit, or block any of your content that in our sole judgment violates these terms of service or is otherwise objectionable. You understand that when using our website and software, you will be exposed to user contents from a variety of sources and acknowledge that these contents may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against AffiliationSoftware with respect to user contents. If notified by the content owner that your contents allegedly do not conform to these terms of service, we may investigate the allegation and determine in our sole discretion whether to remove your contents, which we reserve the right to do at any time and without notice. AffiliationSoftware does not permit copyright-infringing activities. You acknowledge and agree that AffiliationSoftware reserves the right to, and may from time to time, monitor any and all information transmitted or received through its website and software for operational and other purposes. If at any time AffiliationSoftware chooses to monitor your contents, AffiliationSoftware still assumes no responsibility or liability for your contents or for any loss or damage incurred as a result of the use of your contents. 

19.  Third party websites

Through your use of our website and software you may encounter links to third party sites or be able to interact with third party sites, which are not under our control and are not maintained by us. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where AffiliationSoftware provides details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites are at your own risk. You expressly acknowledge and agree that AffiliationSoftware is in no way responsible or liable for any such third-party sites.

20. Changes

We may change our website, our software and these terms of service at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms of service. Your continued use of our website and software constitutes your acceptance of any changes to these terms of service. Any changes will supersede all previous versions of these terms of service. Unless otherwise specified herein, all changes to these terms of service apply to all users.

21. Disputes

These terms of service will be enforced and interpreted in accordance with the law and regulations of Switzerland. You agree that any dispute, claim or controversy arising out of or relating to these terms of service or the breach, termination, application, interpretation, or validity of these terms of service or the use of our website and software shall be settled by binding arbitration between you and AffiliationSoftware, except that each party retains the right to bring an individual action in a court of competent jurisdiction. You agree to the sole jurisdiction of the supreme court of Bellinzona, Switzerland with respect to any conflict that may arise during or after this agreement.

22. Miscellaneous 

These terms of service shall constitute the entire agreement between you and AffiliationSoftware concerning and governs your use of our website and software, and supersedes all previous representations, understandings or agreements.

These terms of service are governed by the laws of Switzerland. The use of our website and software is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of service, including, without limitation, this paragraph.

Our performance of these terms of service is subject to existing laws and legal process, and nothing contained in these terms of service limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website and software or information provided to or gathered by us with respect to such use.

Our failure or delay in enforcing any provision of these terms of service at any time does not waive our right to enforce the same or any other provision(s) hereof in the future. 

If any part of these terms of service shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired and shall remain in full force and effect.

These terms of service have been translated from Italian for your convenience. The original Italian version is the effective legal version. In any dispute, the original Italian version shall prevail.

Any rights not expressly granted herein are reserved.

Last update 24.02.2021