Terms of Service
Effective Date: September 1, 2026
Last Updated: August 21, 2026
These Terms of Service ("Terms") govern access to and use of Affily services provided by Affily, Inc. ("Affily," "we," "us," or "our"), including the Affily mobile application, affilyapp.com, store integrations, attribution technology, campaign tools, payment and payout workflows, and related services.
By creating an account, checking an agreement box, accessing or using Affily after being presented with these Terms, or otherwise affirmatively accepting them, you agree to these Terms.
Section 1: General Terms of Service
1. Eligibility and Authority
You must be at least 18 years old and have legal capacity to enter into a binding agreement.
If you use Affily on behalf of a company or other entity, you represent and warrant that you are authorized to bind that entity.
You must provide accurate information and keep account information reasonably current.
2. What Affily Provides
Affily provides technology and services that allow businesses to offer affiliate marketing campaigns and creators to promote eligible products.
Affily may provide:
- campaign creation and discovery;
- creator participation tools;
- affiliate links and attribution;
- conversion tracking;
- commission calculation;
- commission hold periods;
- refund and reversal processing;
- product reimbursement;
- analytics;
- creator social-profile information;
- campaign broadcasts;
- financial ledgers;
- business payment collection;
- creator payouts;
- tax-related functionality;
- fraud prevention;
- support; and
- related operational services.
Unless expressly agreed otherwise, Affily is not the seller of record, merchant of record, manufacturer, distributor, fulfillment provider, advertising agency, employer, or legal representative for products offered by participating businesses.
3. Accounts and Security
You are responsible for:
- maintaining the confidentiality of account credentials;
- activity performed through your account;
- promptly reporting suspected unauthorized access; and
- maintaining accurate payment, contact, business, identity, and tax information where required.
You may not transfer, sell, rent, or share an account in a manner that circumvents Affily's rules.
4. Electronic Communications and Records
You consent to receive agreements, notices, payment communications, payout information, security alerts, support communications, tax-related notices, and other records electronically.
Electronic signatures, checkboxes, in-app confirmations, platform logs, emails, push notifications, payment records, click records, commerce records, and other electronic records may be used to establish consent, activity, transactions, or account history to the extent permitted by law.
5. Third-Party Services
Affily relies on third-party services including payment processors, banking providers, commerce platforms, mobile platforms, hosting providers, email providers, and other infrastructure providers.
These services may be governed by separate terms and privacy policies.
Affily is not responsible for the independent acts, outages, policies, products, or services of third parties.
6. Ownership of the Service
Affily and its licensors own the Affily software, platform, branding, designs, documentation, and other proprietary materials, excluding user content and third-party materials.
Subject to these Terms, Affily grants you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purposes.
You may not copy, sell, sublicense, reverse engineer, interfere with, or commercially exploit Affily except as permitted by law or expressly authorized by Affily.
7. User Content
You retain ownership of content you lawfully submit to Affily.
You grant Affily a non-exclusive, worldwide license to host, store, reproduce, process, transmit, display, and otherwise use submitted content as reasonably necessary to operate, secure, support, promote, and improve the Service and to enforce these Terms.
You represent that you have the rights necessary to provide any content you submit.
Section 2: Business Terms / Agreement
These Business Terms apply to brands, merchants, sellers, businesses, and other commercial users of Affily.
They form part of the Terms together with the Privacy Policy, Acceptable Use Policy, and Data Processing Addendum where applicable.
8. Business Responsibilities
Businesses are solely responsible for their:
- products;
- product safety and legality;
- pricing;
- discounts;
- inventory;
- fulfillment;
- shipping;
- taxes;
- warranties;
- customer service;
- returns;
- refunds;
- product claims;
- marketing claims;
- intellectual-property rights;
- campaign instructions;
- regulatory compliance; and
- storefront operations.
Businesses must not offer counterfeit, unlawful, unsafe, infringing, deceptive, or prohibited products or services through Affily.
9. Campaigns and Creator Participation
Businesses may create campaigns containing one or more eligible products.
Unless Affily expressly offers a creator-approval feature for a particular campaign, eligible creators may be able to join a campaign without advance approval from the business.
Businesses may use available tools to remove a creator:
- from a specific campaign; or
- from all campaigns operated by that business.
Removal generally prevents future participation and future eligible attribution through affected participation, but it does not automatically erase valid obligations or transactions that accrued before removal.
Affily may independently restrict, suspend, or prohibit creator participation for fraud, abuse, legal risk, safety, or policy violations.
10. Creator Social Information
Creators may provide social-media handles and self-reported follower counts.
Businesses may use this information to evaluate creators participating in their campaigns.
Unless expressly stated otherwise, Affily does not independently verify follower counts, audience composition, engagement rates, prior content quality, or off-platform creator activity.
Businesses remain responsible for evaluating whether a creator is appropriate for their brand.
11. Commission Structures
Businesses select creator commission terms through the Service, subject to Affily's supported options and limits.
Campaigns may use:
- percentage commissions; or
- fixed-amount commissions.
Commission terms may be versioned or recorded when an attribution event occurs. Changes to a campaign's commission generally apply prospectively and do not necessarily modify valid attribution records created under an earlier commission version.
12. Commission Calculation
For percentage commissions, Affily currently calculates creator commission from the recorded product price of each eligible campaign product line multiplied by eligible quantity.
The calculation is based on the product price used by Affily's conversion records before order-level discounts unless the Service expressly displays a different calculation.
Shipping, taxes, and products outside the attributed campaign do not generate creator commission.
For fixed-amount campaigns, the configured fixed commission is applied according to the eligible quantity and campaign configuration.
Affily's records control calculation subject to correction of verified errors.
13. Affily Service Fee
Affily currently charges businesses a service fee equal to 5% of the eligible product-line value used for an attributed conversion, unless another fee is expressly displayed or agreed.
The Affily fee is separate from the creator commission.
A business's total cost for an attributed sale may therefore include:
- the creator commission;
- the Affily service fee;
- applicable product reimbursement;
- payment-processing or return-related charges where applicable; and
- other amounts expressly authorized through the Service.
Affily may change service fees prospectively by providing appropriate notice.
14. Multi-Product Campaign Attribution
A campaign may contain multiple products.
An attributed customer may enter a merchant store through a link associated with one campaign product but ultimately purchase another product in the same campaign.
An order item is eligible for campaign commission only if the purchased product was an eligible member of the attributed campaign at the applicable transaction time.
Products outside the attributed campaign do not generate creator commission merely because they were purchased in the same order.
Removing a product from a campaign may deactivate links associated with that product and affect future attribution, but does not erase valid historical financial records.
15. Attribution Window
Affily currently uses a standard seven-day attribution window for ordinary campaign links unless the Service expressly displays another period.
Affily may use:
- affiliate links;
- link identifiers;
- click identifiers;
- local storage;
- pixels;
- webhooks;
- server-side records; and
- related attribution methods.
Attribution is not guaranteed.
Attribution may fail or differ from a business's own analytics because of browser restrictions, deleted storage, changed devices, merchant configuration, missing or delayed webhooks, platform outages, network conditions, customer behavior, fraud controls, or other technical factors.
Affily's attribution records govern creator commissions and Affily fees absent a verified error.
16. Commission Hold Period
Each business must select a supported commission hold period.
Current supported hold periods are:
- 7 days;
- 14 days;
- 21 days;
- 30 days;
- 45 days; or
- 60 days.
The hold period begins from the applicable purchase or transaction time, not from shipment or delivery.
During the hold period, creator commission and related Affily fees remain subject to refund, cancellation, reversal, fraud, and other applicable adjustments.
Businesses should choose a hold period that reasonably reflects their return policy.
Selecting a hold period shorter than the business's customer return period may cause creator earnings to become available before a later customer return.
17. Refunds, Cancellations, and Reversals
If an eligible order or order item is refunded, canceled, reversed, or otherwise invalidated during the applicable commission hold period, Affily may:
- reduce or reverse the associated creator commission;
- reduce or reverse the associated Affily service fee;
- adjust reimbursement progress;
- adjust business or creator ledger balances; and
- make related accounting corrections.
Partial refunds may produce proportional or item-specific adjustments where supported.
After the applicable hold period expires and funds become available, Affily does not ordinarily guarantee reversal of creator payments solely because the business later issues a refund.
Affily may still correct amounts after a hold period where reasonably necessary because of:
- proven fraud;
- duplicate transactions;
- technical or accounting error;
- chargebacks;
- payment-network requirements;
- legal requirements;
- court orders; or
- other circumstances that make the original transaction invalid.
18. Product Reimbursement
Businesses may enable product reimbursement for eligible campaigns.
Product reimbursement allows an eligible creator to purchase a campaign product through a designated reimbursement link and earn reimbursement after satisfying the qualifying-sales requirement shown in Affily.
Opening a reimbursement link does not reserve or lock an offer.
The applicable reimbursement terms are captured when an eligible purchase is successfully recorded through the reimbursement link.
The current system determines the reimbursement amount from the qualifying purchase's recorded post-discount per-unit product amount.
The creator's qualifying reimbursement purchase does not itself generate ordinary creator commission or an Affily conversion fee on the matching reimbursement item.
Subsequent qualifying campaign-product sales count toward the reimbursement requirement according to Affily's records.
If a qualifying sale is later refunded or reversed, it may cease counting toward the requirement. A later qualifying sale may replace it.
Once the requirement is satisfied, the reimbursement enters the campaign's ordinary financial hold process before becoming available to the creator.
If the creator's qualifying reimbursement purchase is canceled or refunded, the reimbursement enrollment may be invalidated.
Product reimbursement may be limited by currency, campaign state, creator eligibility, product availability, or other platform requirements.
Businesses authorize Affily to include earned reimbursement obligations in their amounts due.
19. Store Connection and Shopify
Businesses may connect supported stores to Affily.
The current Shopify connection uses merchant-configured Customer Events pixel functionality and merchant-configured signed webhooks.
Businesses may be required to configure events relating to:
- order creation;
- order cancellation;
- refunds;
- product updates; and
- product deletions.
Businesses authorize Affily to receive and process the resulting commerce data for attribution, commissions, refunds, product synchronization, product reimbursement, inventory handling, fraud prevention, reporting, and related services.
Businesses are responsible for maintaining an accurate and functioning store configuration.
Failure to maintain required pixels, webhooks, signing secrets, domains, or store configuration may cause attribution or campaign features to be suspended or unavailable.
Affily does not guarantee uninterrupted receipt of commerce-platform events.
20. Product Availability and Automatic Campaign Actions
Affily may automatically update, hide, limit, or suspend campaign products based on store information.
For example, Affily may suspend or restrict promotion where all eligible campaign products or variants appear unavailable or out of stock.
Affily may restore eligible availability when qualifying inventory information is received.
Affily is not responsible for losses caused by inaccurate, delayed, missing, or inconsistent inventory information supplied by a business or commerce platform.
21. Business Payment Method Requirement
Businesses may be required to maintain a verified and eligible payment method before publishing or continuing campaigns.
Affily may require an ACH-capable bank account or another supported payment method.
Removing or losing access to an eligible payment method may prevent campaign publication, cause campaigns to be suspended, or restrict other features.
22. Authorization to Collect Amounts Owed
Businesses authorize Affily and its payment providers to debit or otherwise charge an authorized payment method for amounts properly owed through Affily.
Amounts may include:
- creator commissions;
- Affily service fees;
- earned creator reimbursements;
- negative balances;
- corrections;
- payment-return amounts;
- amounts resulting from reversals;
- processor charges attributable to failed payments where permitted; and
- other amounts properly due under these Terms.
Ordinary business collections are currently processed on a periodic batch basis.
Affily may modify collection timing as reasonably necessary for operations, payment-provider requirements, banking holidays, or risk management.
23. Failed Business Payments and Recovery
If a business payment fails or is returned, Affily may:
- record the unpaid amount as outstanding;
- suspend campaigns;
- prevent new campaign activity;
- disable an unusable payment method;
- require the business to add another bank account;
- permit or initiate legally authorized re-collection attempts;
- request confirmation that sufficient funds are available;
- offset amounts against future credits where lawful;
- require support review; and
- pursue lawful collection remedies.
Affily may distinguish between insufficient funds, revoked authorization, unusable bank accounts, technical failures, duplicate submissions, and other payment failures.
Affily will not knowingly submit duplicate collection attempts for the same obligation merely because a payment status is uncertain.
Closing an account or disconnecting a store does not extinguish amounts already owed.
24. Business Credits and Amounts Affily Owes a Business
Refunds, reversals, adjustments, or other events may cause a business ledger to reflect a net credit owed to the business.
Affily may hold such a credit for a reasonable reconciliation period before sending it to the business so that new obligations, refunds, corrections, or other ledger activity can be accounted for.
Credits may be returned through an eligible bank account or another supported method.
Affily may offset valid outstanding obligations against credits where permitted by law.
25. Campaign Broadcasts
Businesses may use available tools to send campaign or business-wide updates to participating creators.
Businesses are responsible for the legality, accuracy, and appropriateness of broadcast content.
Businesses may not use broadcasts for:
- harassment;
- unlawful advertising;
- deceptive statements;
- spam;
- infringing content;
- threats;
- attempts to bypass Affily rules; or
- other prohibited conduct.
Affily may limit message length, audience, rate, or frequency and may retain broadcast records for operations, safety, and dispute resolution.
26. Creator Conduct
Creators are independent third parties.
Affily does not guarantee that any creator will:
- promote a business;
- generate a particular number of sales;
- produce content;
- own a product;
- purchase a product;
- meet a business's preferred content quality;
- maintain any particular follower count; or
- continue participating in a campaign.
Unless Affily or the business separately establishes a specific written arrangement, joining an Affily campaign does not create a guaranteed content deliverable, posting deadline, gifting obligation, usage-right transfer, or content-approval requirement.
Businesses assume the ordinary risk of working with independent creators.
27. Creator Content and Usage Rights
Creators retain ownership of content they create unless the creator and business separately agree otherwise.
Participation in an Affily campaign, earning a commission, receiving product reimbursement, purchasing or receiving a product, or promoting a business does not by itself transfer ownership of creator-produced content or grant the business any license or usage rights to that content.
If a business wishes to repost, reproduce, edit, distribute, advertise with, sublicense, or otherwise use creator-produced content beyond viewing the creator's original public post, the business and creator are responsible for separately agreeing to the applicable usage rights, compensation, duration, platforms, territories, exclusivity, and other terms.
Any such content-licensing or usage-rights agreement is made directly between the business and creator outside of Affily unless Affily expressly provides a feature for that purpose. Affily is not a party to, and is not responsible for enforcing, off-platform content-usage agreements between businesses and creators.
Nothing in these Terms prevents a creator from voluntarily granting or transferring rights to a business through a separate agreement.
28. Business Records and Cooperation
Businesses must maintain accurate store, order, refund, payment, and product information.
Businesses must reasonably cooperate with Affily investigations relating to:
- disputed conversions;
- fraud;
- refunds;
- payment failures;
- chargebacks;
- creator complaints;
- legal compliance; and
- platform security.
Affily may rely on its own records and authenticated records received from commerce and payment providers when resolving disputes.
29. Data Processing
The Privacy Policy applies to Affily's handling of personal information.
Where Affily processes merchant customer personal data on behalf of a business, the Affily Data Processing Addendum applies where applicable.
Section 3: Creator Terms / Agreement
These Creator Terms apply to creators, affiliates, promoters, influencers, and similar users.
30. Independent Creator Status
Creators participate as independent users.
Nothing in these Terms creates an employment, agency, partnership, franchise, joint venture, or fiduciary relationship between a creator and Affily or between a creator and a business.
Creators are responsible for their own:
- taxes;
- expenses;
- equipment;
- content;
- legal compliance; and
- business decisions.
31. Joining Campaigns
Eligible creators may join campaigns made available through Affily.
Joining a campaign allows the creator to access eligible campaign tools and affiliate links.
A business or Affily may remove a creator from a campaign or restrict future participation as permitted by these Terms.
Removal does not automatically erase valid financial activity that accrued before the applicable cutoff.
32. Creator Social Accounts
Creators may be required to provide at least one social-media account or other promotional profile.
Creators must provide accurate information.
Follower counts provided through Affily are self-reported unless expressly identified as verified.
Creators may not deliberately inflate or falsify social-account information.
33. Affiliate Links and Attribution
Creators may create or receive links for eligible campaign products.
Commissions are payable only for valid transactions attributed to the creator according to Affily's records.
A click or shared link does not guarantee commission.
Creators may not manipulate attribution or cause Affily to record a transaction that did not arise from legitimate promotional activity.
34. Creator Commissions
Creator commissions are governed by the commission terms applicable to the attributed campaign and attribution record.
Commission may be percentage-based or fixed.
Commission initially recorded after a sale may remain in a holding state until the business's commission hold period expires.
Amounts in a holding state are not final, withdrawable earnings.
35. Refunds and Reversals
Commission may be reduced or reversed when the underlying eligible order or item is refunded, canceled, reversed, fraudulent, duplicated, charged back, or otherwise invalid before it becomes final.
Affily may also correct earnings affected by verified accounting or technical errors.
36. Product Reimbursement for Creators
If a campaign offers reimbursement, an eligible creator may use the designated reimbursement link to purchase the eligible campaign product.
Opening the link alone does not claim the offer.
The offer is captured when Affily records the eligible purchase.
The reimbursement amount is based on the eligible purchase information recorded by Affily.
The creator does not earn ordinary affiliate commission from the creator's own qualifying reimbursement purchase on the reimbursed item.
Qualifying subsequent sales count toward the reimbursement requirement.
Refunded or reversed qualifying sales may stop counting.
When the creator earns reimbursement, the amount remains subject to the applicable campaign hold process and business collection before becoming available.
If the creator's original reimbursement purchase is canceled or refunded, reimbursement eligibility may end.
37. Creator Payouts
Creators must maintain an eligible payout method before receiving payouts where required.
Affily currently allows creators to select among supported automatic payout schedules, which may include:
- daily;
- weekly;
- biweekly; and
- monthly.
The selected payout schedule determines when eligible available funds are scheduled for payout. It does not shorten commission hold periods and does not guarantee the time required by banks or payment providers to make funds available.
Affily may delay or restrict payouts for fraud review, identity verification, tax requirements, sanctions screening, legal obligations, payment failures, disputes, or security concerns.
38. Taxes
Creators are responsible for their own tax obligations.
Affily or its payment providers may request tax information and may provide tax forms or tax-document access where required.
A creator's failure to provide required tax or identity information may delay or prevent payouts.
39. Advertising Disclosures
Creators must comply with applicable advertising and endorsement laws, including Federal Trade Commission requirements.
Creators must clearly disclose material financial relationships with businesses when required.
Disclosures must be clear and conspicuous and must not be hidden in a manner that makes the relationship difficult for consumers to understand.
40. Creator Content and Claims
Creators are responsible for content they publish.
Creators may not make:
- false claims;
- deceptive claims;
- unsupported health or performance claims;
- unauthorized guarantees;
- misleading pricing claims; or
- claims prohibited by a business's campaign guidelines.
Creators may use business intellectual property only to the extent authorized by the business, campaign materials, these Terms, or applicable law.
Creators retain ownership of content they create unless they separately agree to grant or transfer rights to a business. Participating in a campaign, earning commission, or receiving product reimbursement does not by itself give the business ownership of or usage rights to creator content. Any additional usage rights must be agreed directly between the creator and business unless Affily expressly provides otherwise.
41. Creator Account Closure
A creator may request account deletion subject to unresolved financial, payment, security, fraud, tax, and legal obligations.
Affily may delay deletion while a payout is processing or while amounts payable to the creator require a valid payout account.
Deletion does not erase transaction, tax, payment, fraud, legal, or other records Affily is permitted or required to retain.
Section 4: Acceptable Use Policy
42. Prohibited Conduct
You may not use Affily for unlawful, fraudulent, deceptive, abusive, or harmful conduct.
Prohibited conduct includes:
- fake traffic;
- bots;
- scripted traffic;
- click farms;
- artificial conversion activity;
- cookie stuffing;
- forced clicks;
- attribution hijacking;
- hidden redirects;
- ad injection;
- traffic laundering;
- fake identities;
- fake followers;
- fabricated engagement;
- fraudulent purchases;
- refund abuse;
- self-dealing designed to manufacture commission;
- spam;
- unlawful email or SMS marketing;
- malware;
- unauthorized scraping;
- circumventing access controls;
- bypassing payment restrictions;
- evading account enforcement;
- impersonation;
- counterfeit products;
- infringing content;
- unlawful products;
- deceptive discounts;
- fake scarcity;
- misleading product claims; and
- any attempt to interfere with Affily's security or financial systems.
43. Fraud and Platform Integrity
Affily may investigate unusual activity, including:
- abnormal clicks;
- unusually high conversion rates;
- elevated refund activity;
- repeated self-purchases;
- payment failures;
- creator or business complaints;
- identity inconsistencies;
- linked accounts;
- suspicious payout behavior; and
- manipulated attribution.
During an investigation, Affily may:
- suspend links;
- pause campaigns;
- hold payouts;
- delay settlements;
- require additional information;
- restrict accounts;
- remove creators;
- reverse invalid amounts; or
- terminate access.
Section 5: Enforcement, Legal Terms, and Disputes
44. Suspension and Termination
Affily may suspend, restrict, or terminate accounts, campaigns, links, payments, payouts, integrations, or features for:
- breach of these Terms;
- fraud or suspected fraud;
- non-payment;
- legal risk;
- security risk;
- infringement;
- abusive conduct;
- payment-provider requirements; or
- protection of the platform or other users.
Where reasonable, Affily may provide an opportunity to resolve the issue, but immediate action may be taken where necessary.
45. Financial and Ledger Corrections
Affily maintains internal records and financial ledgers to track amounts owed between businesses, creators, and Affily.
Affily may make automated or manual adjustments where reasonably necessary to:
- correct errors;
- apply refunds;
- reverse invalid transactions;
- resolve disputes;
- credit a user;
- recover amounts improperly credited;
- address fraud; or
- reconcile payment-provider records.
Affily will maintain appropriate records of material financial adjustments.
46. Disclaimer of Warranties
To the fullest extent permitted by law, Affily is provided on an "as is" and "as available" basis.
Affily disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, and accuracy.
Affily does not guarantee:
- uninterrupted operation;
- error-free attribution;
- any level of creator or business performance;
- any particular sales result;
- uninterrupted commerce-platform connectivity;
- continuous product availability;
- payout timing beyond Affily's control; or
- the conduct of independent users.
Nothing in these Terms excludes warranties that cannot lawfully be excluded.
47. Limitation of Liability
To the fullest extent permitted by law, Affily and its affiliates, officers, directors, employees, contractors, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages or for loss of profits, revenue, data, goodwill, business opportunity, or anticipated savings.
To the fullest extent permitted by law, Affily's aggregate liability arising from or relating to the Service or these Terms will not exceed the greater of:
- the amount you paid directly to Affily during the six months immediately preceding the event giving rise to the claim; or
- US $100.
These limitations do not apply where prohibited by law.
48. Business Indemnification
Businesses agree to defend, indemnify, and hold harmless Affily and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, losses, liabilities, damages, costs, and reasonable expenses arising from or relating to:
- the business's products;
- product safety;
- fulfillment;
- customer service;
- product or marketing claims;
- intellectual-property infringement;
- taxes;
- privacy violations;
- unlawful campaign content;
- breach of these Terms; or
- violation of applicable law.
This obligation applies only to the extent permitted by law.
49. Creator Responsibility and Indemnification
Creators are responsible for their own promotional activity and legal compliance.
To the extent permitted by law, creators agree to indemnify Affily against third-party claims arising from the creator's unlawful content, infringement, fraudulent activity, undisclosed endorsements, deceptive promotion, or material breach of these Terms.
50. DMCA Copyright Notices
If you believe content available through Affily infringes your copyright, you may submit a notice containing the information required by the Digital Millennium Copyright Act.
Notices should include:
- identification of the copyrighted work;
- identification and location of the allegedly infringing material;
- your contact information;
- a good-faith statement;
- a statement under penalty of perjury regarding accuracy and authority; and
- your physical or electronic signature.
Notices may be sent to:
Affily DMCA Agent
Giovanni Cicci
Affily, Inc.
43313 Woodward Ave #1152
Bloomfield Hills, MI 48302
United States
Email: admin@affilyapp.com
Affily may process valid counter-notices and may terminate repeat infringers where appropriate.
51. Arbitration and Class Action Waiver
Except where applicable law does not permit arbitration, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved through binding individual arbitration administered by the American Arbitration Association under applicable AAA rules.
Arbitration will be conducted on an individual basis.
You and Affily waive the right to participate in a class action, class arbitration, collective action, or representative proceeding to the extent permitted by law.
Either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction where necessary to preserve rights pending arbitration.
Nothing in this section requires arbitration of a claim that applicable non-waivable law prohibits from being arbitrated.
52. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules, except where federal or other non-waivable law applies.
The seat of arbitration will be Delaware unless the applicable arbitration rules or law require otherwise.
53. Changes to These Terms
Affily may update these Terms from time to time.
For material changes, Affily will provide reasonable notice through means such as:
- email;
- push notification;
- in-app notice; or
- another reasonable communication method.
Material changes will apply prospectively from the stated effective date except where law permits otherwise.
Affily may require existing users to affirmatively accept updated Terms before continuing to use some or all of the Service.
Continued use after appropriate notice may constitute acceptance where permitted by law.
54. Account Closure Does Not Eliminate Existing Obligations
Suspending, deleting, or closing an account, uninstalling Affily, disconnecting a store, leaving a campaign, or terminating use of the Service does not extinguish:
- amounts already owed;
- payment obligations;
- payout obligations;
- tax requirements;
- refunds or reversals;
- fraud investigations;
- intellectual-property obligations;
- indemnification obligations;
- limitations of liability;
- dispute-resolution provisions; or
- other provisions that by their nature should survive termination.
55. Entire Agreement and Severability
These Terms, together with documents expressly incorporated into them, constitute the agreement between you and Affily concerning the Service.
If a provision is held unenforceable, the remaining provisions remain in effect to the extent permitted by law.
Affily's failure to enforce a provision does not waive its right to enforce it later.
56. Contact
Questions or legal notices concerning these Terms may be sent to:
Affily, Inc.
43313 Woodward Ave #1152
Bloomfield Hills, MI 48302
United States
Email: admin@affilyapp.com