1.Parties & acceptance
These Terms of Service (“Terms”) form a binding agreement between [REGISTERED_COMPANY_NAME], a company registered in [JURISDICTION] under registration number [REG_NUMBER] (“AffConnect360”, “we”, “us”), and the entity or individual that signs up for, accesses or uses the AffConnect360 service (“Customer”, “you”).
By creating an account, accepting an order form, clicking “I agree”, or otherwise using the service, you accept these Terms. If you accept on behalf of a company, you represent that you have authority to bind that company.
2.The service
AffConnect360 is a software-as-a-service platform that lets iGaming operators manage affiliate programs — including affiliate enrolment, tracking link generation, click and conversion tracking, commission calculation, reporting and payout workflows. The functional scope is described on the marketing site and may evolve over time. We may add, modify or remove features in our reasonable discretion, but we will not materially reduce the core functionality of a paid plan during a billing period.
3.Accounts & eligibility
- You must be at least 18 years old and authorised to bind the entity you represent.
- You are responsible for the accuracy of registration information and for keeping it current.
- You are responsible for all activity under your account, including the actions of authorised users you invite. Keep credentials confidential and notify us immediately of any unauthorised access.
- We may refuse, suspend or terminate accounts that we reasonably believe violate these Terms, applicable law, or the lawful instructions of a regulator.
4.Fees & billing
- Fees are set out on the pricing page or in your order form. All fees are exclusive of taxes (VAT, GST, sales tax) which you are responsible for.
- Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. Monthly plans renew monthly; annual plans renew annually.
- Invoices are due on receipt unless otherwise agreed. Late payments accrue interest at the lesser of 1.5% per month or the maximum permitted by law, and may result in suspension of the service.
- We may revise published prices with at least 30 days’ notice. New prices apply at the next renewal.
- Except as required by law, fees are non-refundable. If we terminate for our breach, we will refund pre-paid fees for the unused portion of the term.
5.Free trial
If we offer you a free trial or introductory pricing (e.g. “2 months free”), the trial begins on the date stated in your order or at first sign-up. At the end of the trial, the subscription continues at the standard rate unless cancelled. Trial accounts may have feature limits and may be terminated by us at any time at our discretion.
6.Acceptable use
You agree that you will not, and will not permit any user, affiliate or third party to:
- Use the service to operate or promote gambling activities in jurisdictions where you are not appropriately licensed or where such activity is prohibited.
- Reverse-engineer, decompile, scrape, or attempt to discover the source code of the service except as permitted by law.
- Bypass authentication, rate limits, security controls or audit logs; probe or scan the service except under a written security testing agreement.
- Upload malware, viruses, or content that infringes intellectual property, defames a person, contains unlawful sexual content involving minors, or otherwise violates law.
- Send spam, phishing or unsolicited communications through any communication feature of the service.
- Use the service to track individuals without a lawful basis, in particular minors or self-excluded gamblers.
- Resell, sublicense or white-label the service without a written agreement allowing it.
We may suspend access without prior notice if your use threatens the security, performance or lawful operation of the service.
7.Customer data
- Ownership. You retain ownership of all data you upload to or generate within the service (“Customer Data”).
- Licence to us. You grant us a limited, non-exclusive, worldwide licence to host, copy, transmit, display and process Customer Data solely to provide and improve the service, prevent abuse, and meet legal obligations.
- Data protection. Where you push personal data to us, we act as a processor and you act as a controller. Our Privacy Policy and Data Processing Addendum (DPA) apply. The DPA is available on request and prevails over these Terms in case of conflict on data protection topics.
- Aggregated data. We may compute aggregated, de-identified statistics from Customer Data and use them to improve the service. We will not publish identifying information about you or your players without your consent.
- Compliance. You represent that you have the legal right to upload Customer Data and that doing so does not violate the rights of any third party.
- Export & deletion. You can export your data via the dashboard at any time. On termination, you may export within 30 days; after that we may delete Customer Data, subject to our retention policy.
8.Intellectual property
We and our licensors own all rights, title and interest in the service, including software, design, trademarks (“AffConnect360”) and documentation. Except for the limited right to use the service granted in these Terms, no other rights are granted.
You grant us the right to use your name and logo to identify you as a customer in marketing materials, unless you opt out by writing to marketing@affconnect360.com.
9.Third-party integrations
The service integrates with third-party platforms (e.g. ProgressPlay, Skill on Net, payment processors). Your use of those integrations is subject to the third party’s own terms. We are not responsible for the availability, content or behaviour of third-party services.
10.Availability & support
We aim for high availability but do not guarantee uninterrupted service. Scheduled maintenance is announced in advance where reasonably possible. Support is provided by email at marketing@affconnect360.com during business hours ([BUSINESS_HOURS_TZ]). Specific service-level commitments, where offered, are set out in your order form or a separate SLA.
11.Warranties
We warrant that the service will perform materially as described in our public documentation. Except for that warranty, the service is provided “as is” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
AffConnect360 does not provide legal, regulatory, tax or compliance advice. You are responsible for ensuring that your use of the service — and the way you operate your iGaming business — complies with all licensing, advertising, AML, KYC, responsible gambling and consumer protection laws applicable in the jurisdictions you target.
12.Limitation of liability
To the maximum extent permitted by law:
- Neither party will be liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenues, lost data, or loss of goodwill, even if advised of the possibility.
- Each party’s total aggregate liability arising out of or relating to these Terms is limited to the fees paid by you to us under these Terms in the 12 months preceding the claim.
- Nothing in these Terms limits liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under applicable law.
13.Indemnification
You will defend, indemnify and hold harmless AffConnect360 from third-party claims arising out of: (i) your Customer Data, including claims that it infringes rights or violates law; (ii) your operation of an iGaming business in violation of licensing or advertising rules; (iii) your breach of Section 6 (Acceptable Use). We will defend, indemnify and hold harmless Customer from third-party claims that the unmodified service, used as authorised, infringes a valid intellectual property right.
The indemnified party must promptly notify the indemnifying party, allow it to control the defence, and reasonably cooperate.
14.Term & termination
- These Terms apply from the date you first accept them and continue while you have an active subscription.
- Either party may terminate for convenience with 30 days’ written notice. For monthly plans, you may cancel before the next renewal at any time from the dashboard.
- Either party may terminate immediately for material breach not cured within 14 days after written notice; or immediately on the other party’s insolvency.
- On termination: your access ends, fees accrued up to termination remain payable, and Customer Data may be exported within 30 days. Sections that by nature should survive (Customer Data, IP, Limitation, Indemnification, Governing Law) survive.
15.Changes to the service or terms
We may update these Terms from time to time. Material changes will be notified by email at least 30 days before they take effect. If you continue to use the service after that date, you accept the updated Terms. If you do not accept, you may terminate before the effective date and receive a pro-rated refund of pre-paid fees for the unused term.
16.Governing law & disputes
These Terms are governed by the laws of [GOVERNING_LAW], without regard to conflict-of-law rules. The courts of [VENUE] have exclusive jurisdiction over any dispute, except that we may seek injunctive relief in any competent court to protect intellectual property or confidentiality.
Before commencing formal proceedings, the parties will attempt to resolve disputes in good faith for at least 30 days, starting from a written notice describing the dispute and the relief sought.
17.Miscellaneous
- Entire agreement. These Terms (together with any order form, the DPA and the Privacy Policy) are the complete agreement between us, superseding any prior agreement on the same subject.
- No waiver. Failure to enforce any provision is not a waiver of the right to enforce it later.
- Severability. If a provision is found unenforceable, the remainder stays in force and the unenforceable provision is replaced with the closest enforceable equivalent.
- Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition or sale of assets.
- Notices. Notices must be in writing and sent to the email address on the account or to marketing@affconnect360.com.
- Force majeure. Neither party is liable for failure to perform caused by events beyond reasonable control (natural disasters, war, government action, internet or hosting outages outside our control).
- Independent contractors. The parties are independent contractors. Nothing creates a partnership, joint venture, agency or employment relationship.
Questions about these Terms can be sent to marketing@affconnect360.com or by post to [REGISTERED_COMPANY_NAME], [REGISTERED_ADDRESS].