Terms and Conditions

1. Definitions

1.1 "Services" refers to all features, functions, and capabilities provided through the Website, including but not limited to affiliate management software, tracking tools, payment systems, and other related functionalities offered by Referral Stack.

1.2 "User" or "You" refers to any individual, company, or organization that registers for, subscribes to, or otherwise uses the Services.

1.3 "Affiliate Program" refers to the program managed by ReferralStack wherein Users promote products or services and earn commissions or other benefits for successful referrals.

1.4 "Account" refers to a registered account created by the User to access the Services.

2. Agreement Acceptance and Modifications

2.1 Acceptance of Terms: By accessing or using the Services, you agree to be bound by the terms of this Agreement. If you are accessing the Services on behalf of a company, organization, or other entity, you represent that you have the authority to bind such entity to this Agreement.

2.2 Modifications: ReferralStack reserves the right to modify, update, or revise these Terms at any time without prior notice. Any changes will be posted on the Website, and the changes will be effective immediately. It is your responsibility to review the Terms regularly. Continued use of the Services after changes are made constitutes your acceptance of the modified Terms.

3. User Eligibility

3.1 Age and Legal Capacity: You must be at least 18 years of age to use the Services. By accepting these Terms, you represent that you are at least 18 years old and have the legal capacity to enter into a binding contract.

3.2 Compliance with Applicable Laws: You agree to comply with all local, state, national, and international laws, regulations, and treaties applicable to your use of the Services.

4. Account Registration and Security

4.1 Account Creation: To access certain features of the Services, you must register for an account. You agree to provide accurate, complete, and up-to-date information during registration and to promptly update such information as needed.

4.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials and for any activities under your Account. You agree to notify Referral Stack immediately if you suspect any unauthorized access to or use of your Account.

4.3 Access Restriction: ReferralStack reserves the right to suspend or terminate your access to the Services if we suspect any violation of these Terms or fraudulent activity associated with your Account.

5. Use of Services

5.1 License Grant: Subject to your compliance with this Agreement, ReferralStack grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes, consistent with the functionalities and limitations described in the documentation provided by ReferralStack.

5.2 Prohibited Use: You agree not to:

• Use the Services for any illegal, fraudulent, or unauthorized purposes.
• Interfere with or disrupt the Services, servers, or networks connected to the Services.
• Use automated tools or software to collect data without prior written consent.
• Transmit any malicious software or harmful code via the Services.
• Violate the intellectual property rights of ReferralStack or third parties.

5.3 Monitoring and Enforcement: ReferralStack reserves the right to monitor your use of the Services for compliance with these Terms, but we are under no obligation to do so. You agree to cooperate with ReferralStack’s efforts to investigate and enforce these Terms.

6. Payment, Fees, and Taxes

6.1 Payment for Services: ReferralStack charges fees for certain premium features of the Services. These fees will be disclosed on the Website, and you agree to pay all applicable charges when due. Failure to pay fees may result in suspension or termination of your access to the Services

6.2 Taxes: You are responsible for all applicable taxes associated with your use of the Services, including sales, use, value-added, and similar taxes. ReferralStack will not be liable for any taxes or other charges incurred by you.

6.3 Refund Policy: Fees paid for the Services are non-refundable unless specified otherwise. ReferralStack reserves the right to issue partial or full refunds at its sole discretion.

7. Affiliate Program Terms

7.1 Commission Structure: ReferralStack offers commissions or other rewards for successful referrals through the Affiliate Program. The commission structure, including rates and payment schedules, will be detailed within your account dashboard.

7.2 Affiliate Responsibilities: As an Affiliate, you are responsible for promoting ReferralStack’s Services in a manner that complies with all applicable advertising and marketing laws. You may not engage in deceptive, misleading, or unethical practices.

7.3 Tracking and Reporting: ReferralStack will provide tracking tools to monitor your affiliate referrals and commissions. ReferralStack is not responsible for inaccuracies or errors in tracking caused by third-party systems, technical issues, or other unforeseen circumstances.

7.4 Termination of Affiliate Status: Referral Stack may terminate your status as an Affiliate at any time, for any reason, and without prior notice. Upon termination, any pending commissions will be paid according to the terms outlined at the time of termination.

8. Intellectual Property

8.1 Ownership of Content: ReferralStack retains ownership of all intellectual property rights in the Services, including software, trademarks, and content. You are granted a limited license to use the Services only for the purposes stated in this Agreement.

8.2 User Content: By submitting content to the Services, including affiliate marketing content, promotional materials, or feedback, you grant ReferralStack a worldwide, non-exclusive, royalty-free license to use, display, and distribute your content in connection with the operation and promotion of the Services.

9. Disclaimers and Limitation of Liability

9.1 No Warranty: The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

9.2 Limitation of Liability: In no event shall ReferralStack or its affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, or data, whether incurred directly or indirectly, arising from (i) your use or inability to use the Services; (ii) any unauthorized access to or use of our servers and any personal information stored therein; (iii) any interruptions or cessation of transmission to or from the Services; or (iv) any issues with third-party systems integrated with the Services.

9.3 Indemnification: You agree to indemnify, defend, and hold harmless ReferralStack, its officers, directors, employees, agents, and affiliates from and against any claims, losses, damages, liabilities, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Services, your content, or your violation of these Terms.

10. Privacy and Data Protection

10.1 Privacy Policy: ReferralStack collects and processes personal data in accordance with its Privacy Policy, which is incorporated into this Agreement by reference. By using the Services, you consent to the collection and processing of your data as described in the Privacy Policy.

10.2 Security Measures: ReferralStack implements reasonable security measures to protect your data but does not guarantee complete security against breaches, hacking, or other unauthorized access. You are responsible for ensuring the security of your login credentials.

11. Termination

11.1 Termination by You: You may terminate this Agreement at any time by deactivating your account and discontinuing your use of the Services. Termination will not relieve you of any outstanding payment obligations.

11.2 Termination by ReferralStack: ReferralStack reserves the right to terminate or suspend your access to the Services at its sole discretion, with or without notice, for violations of this Agreement or for any other reason.

11.3 Post-Termination: Upon termination, all rights granted to you under this Agreement will immediately cease. ReferralStack may, at its discretion, retain certain information provided by you for record-keeping, legal, or compliance purposes

12. Governing Law and Dispute Resolution

12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law principles.

12.2 Arbitration: Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration conducted in the State of Delaware, in accordance with the rules of the American Arbitration Association.

12.3 Class Action Waiver: You agree that any claims against ReferralStack shall be brought individually and not as part of a class action or collective proceeding.

13. Miscellaneous

13.1 Force Majeure: ReferralStack shall not be liable for any failure or delay in performance of the Services caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, or failure of third-party services.

13.2 Severability: If any provision of this Agreement is deemed invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Entire Agreement: This Agreement constitutes the entire agreement between you and ReferralStack regarding your use of the Services and supersedes all prior agreements or communications, whether written or oral.

Contact Information: For any questions or concerns regarding these Terms, please contact us at [email protected]