We offer our User use of our Service as part of a software-as-a-service model exclusively pursuant to these Terms of Service. General terms and conditions of the User do not apply, regardless of whether or not we have expressly objected to them in a particular case.
When you use our Service, now or in the future, you are agreeing to the latest Terms of Service. This applies to any of our existing products, and all features we may add to our Service over time. If a situation arises wherein we do not exercise or enforce any right or provision in the Terms of Service, in doing so, we are not waiving that right or provision.
Our Data Processing Agreement (DPA) under the European General Data Protection Regulation forms part of these Terms of Service.
1. Terms
User ("you", "your"): The website visitor and/or trial user or paying user of the Affilimate web application, whether an entity or a person, however our Service is offered to Business Customers only.
For the purpose of these Terms of Service, a “Business Customer” is a User (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code (“BGB”).
Service ("website", "web application", "tracking script", collectively "Affilimate"): The Affilimate web application (also called “Software”), tracking script (also called "snippet"), and the website, all of them in their most recent version. Details of the web application are set out in the documentation that can be found here.
Operator ("Company", "our", "us", "we"): Adaero Software GmbH, the developer of the Service.
User Data: any and all information, (personal) data or material, including visitor data from the User’s website, submitted by User to the Service, and/or collected by us on behalf of the User, from the User’s website or other third party’s sources.
If you do not understand any of the terms of these Terms of Service, please contact us before using Affilimate.
You may not access or use the Service unless you agree to abide by all of the Terms and Service in this agreement. Violation of any of the terms below may result in termination of your account.
2. Ownership and license
You may not claim intellectual or exclusive ownership rights to any of the Services. All Services are the property of the Company.
Subject to the Terms of Service, in particular payment of agreed-upon fees, we grant the User a non-exclusive, non-assignable, non-transferable, with no right to sub-license, worldwide limited right to use the Software for the duration of the subscription within the agreed scope and for internal business use only.
You may only reproduce the Software in so far as this is covered by the intended use of the Software as per the current performance description. Such necessary reproduction includes loading the Software in the working memory on the provider's server, albeit not, even only, temporary installation or storage of the Software on data media (such as hard drives or suchlike) of the hardware deployed by you.
You are also not permitted to decompile, disassemble or reverse engineer the Software. You have no claim to access to the source code or surrender of the source code for the Software.
The Software may contain Open Source Software components. Use of such components is subject to the corresponding terms of use of the Open Source Software components which are furnished and/or cited in conjunction with the Open Source Software components. In the event of contradictions or conflicting provisions in license terms for the Open Source Software and the provisions of these Terms of Service, the license terms and conditions for the Open Source Software shall prevail.
3. Site content
All site content, including imagery and documentation that is published on Affilimate.com or its respective social media channels, is the property of the Company unless otherwise stated. You may not replicate the content without prior written consent. Content from this site shall not be used or exploited for commercial or non-commercial purposes without the prior written consent of the Company.
4. Usage terms
We will send you access information and instructions required for use. In order to use our Service, you must create an account with a “User ID” and password.
You may not share your account login information with other people in an attempt to share the license. Please contact us if you need to add a team member to your account.
You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for any activity that occurs under your account, including by others who have their own logins under your account.
You may not use our service for an illegal purpose, or to violate any laws in your jurisdiction.
You must provide your full legal name and a valid email address in order to complete the signup process.
You must be a person. Registering and accessing your account through a bot or other automated method is not permitted.
You undertake to check your data and information for viruses or other harmful components using state-of-the-art anti-virus programs before entering the same.
You may collect, integrate and/or extract User Data in, to and from the Service and we, on the request of You, can collect, integrate or extract User Data in, to and from the Service through various methods, including an API connection with the third party source, uploading CSV/XLSX files containing data and data extracted via browser extension.
You guarantee that (i) you are allowed to use, upload and share the User Data in the way chosen by you, (ii) we are allowed to make use of the API connection, upload and/or extraction on behalf and for the benefit of you and (iii) the use of and access to the API connection, upload, extraction and the use of your login credentials by us does not infringe any terms or agreements between you and the applicable third party.
You undertake not to save any contents that are illegal, are in breach of the law or official requirement or infringe rights of third parties in Affilimate's system.
5. Payment and subscription terms
All self-service accounts come with a 15-day free trial. If you do not become a paying subscriber, you will lose access to your data after a 4-day grace period after your trial period ends. After that time, we reserve the right to remove your data.
In case you become a paying customer, your payment cycle will begin immediately.
You can choose to subscribe on either a monthly or annually billed plan. If you subscribe on a monthly plan, you'll be charged monthly starting on the day you subscribe.
If you subscribe annually, you'll be charged for 12 months of usage on that day.
We reserve the right to offer certain subscriptions for payment of a separate setup fee.
You may terminate your subscription for convenience at any time without a notice period, however already paid fees will not be refunded in that case. We may terminate your subscription with a notice period of three months until the end of the current billing period.
The plan limits purchased in a plan must be used during the applicable term. Any unused resource limits at the end of the month are forfeited.
You may upgrade to a larger plan at any time without further notice per email to support@affilimate.com. The corresponding difference to the higher fees will then be billed for the remainder of the billing period. For subsequent billing periods, we will charge the fees for the chosen larger plan.
If you exceed the limits on your paid plan based on the average usage of the last 60 days, we will contact you to upgrade to a higher plan for the following month. You will have two weeks to make your decision. You can decide to continue with a higher plan or to cancel your account at that point.
Your right to terminate the subscription for good cause remains unaffected.
A termination requires at least text form (e.g. per email).
After the end of a subscription you shall have the right to export your data within (7) days from the end of the subscription.
6. Refund policy
We hope that you determine whether Affilimate is for you within the free 15-day trial. However, if you find that a key feature is missing that you need to justify your subscription, please do let us know by email. If you still want a refund, you may get in touch for a refund of your most recent payment within the last 30 days, no questions asked. We do not honor requests refunds of payments more than 30 days in the past.
7. Chargebacks
We hope that your charge for the Service is never a surprise. You should get in touch first regarding requests for refunds or to inquire about unrecognized charges before issuing a chargeback with your bank. We reserve the right to dispute chargebacks if the charge is not fraudulent and no communication from you, the user, is evident.
8. Provision of the Software and Support
We will make the Software available to the User in its most recent version via the internet for the duration of the subscription. For this purpose, we will set up the Software on a server that is accessible to the User via the Internet. The User must ensure an adequate internet connection.
We provide basic support at no additional charge. Please direct all support inquiries to the support email address. We answer all emails as quickly as possible, but do not guarantee a timeframe during which you will receive a response. Some plans include "priority support" which means that, when receiving a support request from you, we will prioritize it over other requests. Nonetheless, it does not guarantee a specific timeframe.
Further support service may be available to the User by agreement for separate remuneration.
9. Emails and marketing
You may receive email notifications stemming from your use of Affilimate. For instance, you will get an email when a new affiliate link is added to your website, or when a health check fails. You may also receive marketing emails, informing you of product developments or other company news. You may adjust your email preferences either using the link inside the email itself, or inside the Affilimate web app. Further, you may also receive emails notifying you of changes to these Terms and Conditions, trial expiration notices, and other emails related to your usage of Affilimate.
10. Price changes
We reserve the right to increase the fees for the Service, however not with effect during the current billing period of the User. We are obligated to communicate a fee increase in writing (email shall suffice) to the User at least three (3) weeks before it takes effect.
11. Warranty
The Services provided by us essentially corresponds to the service description. In the case of update, upgrade and new version deliveries, the claims for defects are limited to the innovations of the update, upgrade or new version deliveries compared to the previous version status.
We will not make changes to the Services which have, or are likely to have, a material, adverse impact on your use of the Service ("Adverse Changes"). Prior to Adverse Changes, we will inform you immediately via email. In that case, clause 15 (Changes to Terms of Service) shall apply accordingly.
In principle, the statutory provisions on warranty in rental agreements apply. However, the application of § 536a (2) BGB (renter's right to remedy defects himself) is excluded.
In all other respects, the provisions of the law on service contracts (§§ 611 et seq. BGB) shall apply.
We do not warrant that the User’s business expectations associated with the use of the Service will be realized.
Any claims for damages shall be subject to the limitations set out in section 12.
We do not guarantee the Services will function with all 3rd party plugins, components, web browsers, or web hosts.
12. Limitation of liability
We are liable for damages or reimbursement of fruitless expenses to an unlimited extent and in accordance with the statutory limitation periods:
- in the event of intent and gross negligence on our part,
- in the event of personal injury for which we are responsible,
- for guarantees from us and
- in the event of claims under the German Product Liability Act (Produkthaftungsgesetz) against us.
In cases of simple negligence, we are only liable in the event of a breach of material contractual obligations by is, one of our legal representatives or agents for the contract-typical, foreseeable damages. A material contractual obligation is an obligation the fulfilment of which is a requirement for the proper performance of the contract or the breach of which jeopardises the achievement of the purpose of the contract and on the observance of which you regularly can rely.
Without prejudice to the above, we, our legal representatives and agents shall not be liable, i.e. in particular for force majeure (incl. strikes, natural disasters, pandemics) and for the simple negligent breach of non-material contractual obligations. The application of § 536a (1) BGB (strict liability for initial defects) is excluded.
We are not responsible for any plugin compatibility conflicts that may occur. It is our policy to perform technical support as quickly as possible. Without prejudice to the above, we are not responsible for any data loss, website downtime, or any other problems that may occur as a result of installing the Affilimate tracking script. We are also not responsible for the decisions that you make as a result of acting on the data available in Affilimate, nor are we responsible for the accuracy, timelines, or completeness of the data.
Contrary to clauses 11 and the preceding paragraphs under 12 above, the following shall apply for Services provided by us free of charge: 1. We shall not be obligated to remedy a defect. 2. If the User suffered harm from a defect, we shall owe damages only if the defect was willfully concealed by us. Otherwise, our liability shall be limited to intention and gross negligence.
13. Disclosure and compliance
You are responsible to determine if and how you need to disclose your usage of Affilimate to visitors of your website. The exact requirements for a privacy policy page can vary between jurisdictions. Your privacy policy is a legal document, and making sure that it's accurate and compliant the your responsibility as a website owner. Affilimate cannot give you legal advice. Make sure to have your privacy policy reviewed by a lawyer to ensure you're fully complying with the applicable laws in your jurisdiction.
14. Acceptance
By creating an account for the Service, you are indicating that you have read and agree with the Terms and Conditions detailed on this page.
15. Changes to Terms of Service
We reserve the right to change or amend these Terms of Service. The planned changes or amendments shall be announced to the User by e-mail or in writing with a reasonable period of notice before the planned entry into force. If the User does not object to the amended Terms of Service in text form (e.g. letter or e-mail) within six (6) weeks after receipt of the e-mail, the amended Terms of Service shall be deemed accepted. In the event of an objection, the original Terms of Service shall continue to apply unchanged; in this case, however, we shall be entitled to terminate the Agreement within the scope of an extraordinary right of termination with a notice period of thirty 30 days from receipt of the objection to the end of a calendar month.
16. Governing Law and Jurisdiction
The User shall only be permitted to offset claims that are undisputed by the Company or have been legally established.
The exclusive place of jurisdiction for all disputes arising from and in connection with this Agreement is the seat of the Company. Place of performance is the registered office of the Company.
The law of the Federal Republic of Germany shall apply exclusively.
Should a provision of these Terms of Service be or become invalid, contain an inadmissible deadline provision or a loophole, the legal validity of the remaining provisions shall remain unaffected. Insofar as the invalidity does not result from a violation of §§ 305 ff. BGB (validity of general terms and conditions), an effective provision which comes closest to the economic intentions of the parties shall be deemed to have been agreed in place of the ineffective provision. The same shall apply in the event of a loophole. In the event of an invalid term, the legally permissible term shall apply.