AFFsFlow End-User Agreement
Last Updated: 29th April 2025
This End-User Agreement (“Agreement”) is between you (“Client”) and AFFsFlow (“Provider”), the authorized licensee of the owner of the performance marketing software (“Software”) available via AFFsFlow.com (“Site”). By using the Software, you agree to this Agreement, along with our Terms of Use, Privacy Policy, Data Processing Addendum, and any attached orders or invoices, which together form the complete understanding regarding your use of the Site and Software.
1. License to Use Software
- AFFsFlow grants the Client a limited, non-exclusive, non-transferable, revocable license to access and use the Software through the Site.
- With this license, the Client can:
- Log in to the Software via the Site.
- Upload, download, and analyze data.
- Customize available tools for data processing.
- The license lasts for the duration of this Agreement unless terminated earlier.
2. Privacy and Data Handling
- Client data will be collected and used according to laws, Privacy Policy, and Terms of Use.
- Provider may share Client contact information with third parties only to recover unpaid fees.
3. Account Responsibilities
- The Client is responsible for keeping login credentials secure.
- All actions under the Client account are the Client’s responsibility.
- Client must use proper security measures and immediately report unauthorized access.
4. Term and Termination
- Start Date: Begins when the Client’s free trial ends and the Order Form is confirmed.
- Term: Includes the original term and automatic renewals unless the Client notifies Provider 30 days before the end of the current term.
- Termination:
- Client may terminate with 30 days’ written notice.
- Provider may terminate at any time, with or without cause.
- Access to the Software ends on termination.
- Certain rights survive termination, including feedback use and unpaid fees.
5. Fees and Payments
- Client agrees to pay Service Fees as indicated in the Order Form:
- License fees and feature add-ons paid in advance.
- Usage-based fees (e.g., conversions, impressions) paid after use.
- AFFsFlow may adjust fees once per year with 45 days’ notice.
- Fees are in USD; Client pays any applicable taxes.
- Non-payment may result in suspension of access and interest charges.
- Refund Policy:
- Individual (non-business) users may request a refund within 14 days of payment.
- No refunds after 14 days or for partial term cancellations.
- Changes in feature usage take effect after 30 days’ notice.
6. Proper Use of Software
- Client may only access the Software through the official Site or gateway.
- Client cannot:
- Attempt unauthorized access or disrupt the Software
- Copy, resell, or reverse engineer the Software
- Use the Software illegally
- Provider may update the Software; Client receives support as described in Terms of Use.
- Provider cannot modify core software features; only the Owner can make major changes.
7. Disclaimers
- Software and Site are provided “as-is”.
- No warranty is made regarding uninterrupted operation, error-free use, or outcomes.
- AFFsFlow disclaims liability for advice, errors, or damages arising from the use of the Software.
8. Limitation of Liability
- AFFsFlow and Owner are not liable for indirect, incidental, or consequential damages.
- Maximum direct liability is limited to fees paid by the Client in the past 6 months.
9. Ownership
- The Software, Site, and content (logos, designs, text, graphics) are owned by the Owner.
- Client retains ownership of data uploaded or processed through the Software.
- Unauthorized use of software or content ends the license immediately.
10. Governing Law
- This Agreement is governed by California, USA laws.
- Disputes should be negotiated within 30 days; otherwise, they are resolved in California courts.
11. Force Majeure
- Neither party is liable for events beyond reasonable control (natural disasters, hacking, power failure, etc.).
- The affected party must notify the other and try to minimize impact.
12. Miscellaneous
- Invalid provisions do not affect the remaining Agreement.
- Rights and obligations intended to survive termination (e.g., liability limits, intellectual property) continue.
- Provider may subcontract support or maintenance; Client cannot transfer the Agreement without written consent.
- This Agreement does not create a partnership, employment, or agency relationship.
