Terms of Use

Read our terms and conditions before starting to use The Affily

No matter if you are using a trial account or the paid version, you must respect the following rules

Before you create an account, you must read and accept the following Terms of Use.

Using our services even in a trial period you agree to observe them.

 

The operator has the right to partially or completely alter these Terms of Use. Each time with at least five days notice period, during which you have the time to familiarize yourself with new terms and the opportunity to possibly resign from the service. These terms are accessible at all times under this address.

 

Service Operator, description of service and initial provisions

 

The Affily is a „web-based” application available under the SaaS (Software as a Service) model. The service Operator is asper interactive agency, ul. Jana Kazimierza 64a/366, 01-246 Warszawa. The Affily is used for organizing activities within the field of affiliate marketing (the so-called affiliate programs). Any activities you undertake, including those directed towards third parties (in particular towards your partners), are undertaken at your own risk. By accepting these Terms of Use you accept the risk, that despite best efforts on the part of the service Operator concerning assurance of maximum safety measures, your data and data of your partners may be decrypted and transferred via Internet (attacks, break-ins).

 

Terms of participation in using of the services

 

You must provide your current identification, contact and other type of data that may be required during the registration process and/or while using the service. You are responsible for the maintenance of the safety of access to the administration account against unauthorized persons (including in particular the confidentiality of the access data to the account).

 

For the correct use of the service by the Clients, including effective registration and log in to the service, it is necessary to be connected to the Internet, to possess a device allowing the use of the Internet resources, the use of an internet browser supporting display on the device screen a minimum resolution of 1152x864px, hypertext documents interconnected in the Internet through the WWW service, and supporting the JavaScript programming language, and in addition the one that accepts cookie type files. To complete the registration in the service it is necessary to have an active electronic mail account (e-mail).

 

The service operator reserves the right to reject the provision of services to any person, at any time and without stating any reasons for doing so.

 

Particular risks associated with usage of the service by electronic means

 

Exercising its obligation provided for in Art. 6 item 1 of the 18 July 2002 Act on Rendering Electronic Services (Journal of Laws of 2002 no. 144, item 1204 as amended) service operator informs that the use of Services rendered as part of the service is associated with data transmission over the public Internet network, and as such bears the risk characteristic for the Internet network.

 

The basic risk for each Internet user, including persons using services rendered through electronic means, is the possibility of "infecting" the device of the network user with malicious software created mainly to cause damage, such as viruses, "worms" or "Trojan horses". In order to minimize the threats associated with that it is crucial that the Client's devices that they use for accessing the Internet are furnished with antivirus software and software preventing unauthorized access of third parties (a firewall) and have it updated constantly, installing the latest versions. The Operator informs that the particular risks associated with the use of services rendered by electronic means, including those described in the Terms of Use, involve activities of third parties, whose intention is to gain unauthorized access both to the service Operator's system and the Client's system, in order to steal data, among others. In view of the above, the service Operator pays attention that the password established by the Client, used for log in to the service, is not made available to third parties and is not stored in a way that facilitates access to it for unrelated parties.

 

Proper usage of the service

 

By accepting our Terms of Use you agree to use the service in accordance with the provisions of national and international law in force as well as the rules and regulations concerning transmission of technical data exported from the country of residence.

 

You may not use the service in order to promote, transmit or to disseminate otherwise the contents that are illegal, abusive, aggressive, obscene, pornographic or contain computer viruses.

 

You may not use the service for fraudulent purposes, including in particular towards your Partners. You may not resell, copy, duplicate or use any part of the Service without express consent from the service Operator (electronic form is permitted).

 

Violation of any of the above provisions may result in the immediate termination of the contract and you may be subject to legal consequences.

 

Liability to third parties

 

The service Operator is not in any way liable to third parties, including in particular your Partners. By accepting these Terms of Use you agree that you intend to carry out your activities in a transparent and honest manner towards third parties and in accordance with the provisions of the law in force.

 

Terms of payment, trial period, resignation from the service

 

To use the service a valid credit card or payment card is required, as well as incurring the monthly fee in accordance with the accepted terms (including in particular the kind of account subscription and optional features available for additional fee).

 

You accept that The Affily service is divided into four types of accounts (Lite, Basic, Premium, Business), of which each one except Business is characterized by various kinds of restrictions in usage (the number of platform tracking system calls, the number of partners who can register in your system in monthly terms, the number of campaigns you can create, the number of advertisement creations that you may add to the system as well as the support in integration of the service with your own system and the service of providing an individual consultant).

 

The service Operator provides access to its platform in a version unrestricted by subscriptions for 30 days to each new user. Upon expiration of this period you must choose the plan that suits you and pay attention to make regular payments. If after the trial period you do not want to use the service, just stop doing so, no fees will be calculated. If you want to resign from the service during its use, you can do this from the panel provided as part of the platform (Your account > Delete account) or by sending an e-mail at support@theaffily.com.

 

In order to ensure continuity of operations you must define in your panel (Your account tab) the details of your credit or payment card. They need to be saved there throughout the period you want the tool to work. In such event the fees will be charged from the provided card automatically and periodically every 30 days from the date of the beginning of the settlement period (depending on the registration date of your account in the service).

 

The fee for your account charged automatically and periodically will be in a pre-paid form. This means that the subscription fee charged each time tops up the validity of the account for the next 30 days from the date of automatically charging the fee.

 

Transactional data, including personal data, provided by the Client during making the payment, are processed by PayLane Sp. z o.o. as the payment operator serving as an intermediary in the execution of payments.

 

The funds devoted in advance towards extending the validity of an account are non-refundable. No refunds or reimbursements are permitted in the event of resignation from the service during the paid-up period or in the event of downgrading the subscription.

 

VAT invoices for paid-up services are automatically made available within a maximum of 10 minutes from the moment of entering the payment in the accounts by the Operator through the panel provided as part of the platform (Your account > Invoices) or by sending to the e-mail submitted during registration. VAT may also be sent by paper mail, which you must request by sending an e-mail at support@theaffily.com.

 

Personal data

 

The Operator processes only those personal data that the client has submitted during registration in the service and while using it. The data is processed only for the purpose of providing the service and issuing invoices. The Client has the right to access their personal data and the right to request their modification or deletion.

 

Personal data are processed in accordance with the provisions of the Act of 29 August 1997 on Personal Data Protection (i.e. Journal of Laws of 2002 no. 101 item 926 as amended).

 

The client may express consent, which may be revoked at any time, for processing of personal data by the Operator for marketing purposes, in particular concerning special offers and promotions.

 

Fees alteration

 

The service Operator reserves the right to modify, suspend or cease to provide the service at any time without stating any reasons for doing so and without notice. In such a case the subscription fees and other payments made in advance will be refunded within maximum period of 30 days in proportion to the time remaining for using the service.

 

The service Operator reserves the right to modify subscription fees and additional payments. In any event you will be informed of such modification at least thirty days in advance to the e-mail address provided during registration or by notification in the panel provided as part of the service.

 

Intellectual property rights

 

The service Operator confirms that it is the owner of all rights to the service, including without limitation the intellectual property rights, and that these rights are protected by Polish and international intellectual property laws. You agree not to copy, duplicate, change, modify or create works derivative of the service.

 

The service Operator has the right to use your logo, logo and other promotional materials related to the campaigns created by you as part of the service, including in particular the use of these for its own promotional and PR activities (including their usage on the www.theaffily.com website). The service Operator has the right to analyze marketing data resulting from you use of the service (including in particular the results of campaigns) and to use the information in its own promotional and PR activities. In any event you have the right to request from the service Operator to exclude your data or promotional materials from the promotional activities on the part of the service Operator. You may do that in writing or send the request at info@theaffily.com.

 

Guarantee and liability

 

The service Operator does not guarantee that the services meet your requirements and/or expectations towards them. The Operator does not guarantee as well that the services will be provided continuously or without errors. The Operator does not guarantee as well that the submitted errors of the platform will be rectified. The Operator does not guarantee that the mathematical calculations executed by the service are true. By accepting these terms of use you declare to have clearly understood and agree to the fact that the Operator bears no responsibility for any direct, indirect or incidental damages caused by the service or its Operator. In particular you agree that the Operator is not liable for the payment of any compensations to you for loss of profits, goodwill, good name and/or reputation, usage of your data after an attack or break-in into your account and/or database or in the event of causing any other material and non-material injuries - even if the service Operator has been informed in any manner of the possibility of these injuries taking place.

 

Complaint handling procedure

 

Complaints are filed through electronic mail to the Operator's e-mail address at support@theaffily.com or in writing to the service Operator's address. The subject of the complaint may only be the performance of the service contrary to the conditions presented in the www.theaffily.com service or contrary to these Terms of Use or the Privacy Policy.

 

The complaint is groundless if it invokes the circumstances of executing the service for persons other than the Client for reasons of that person obtaining the Client's access codes for reasons through the fault on the part of the Client. It is also groundless when the reason is malfunctioning of the Client's internet browser or telecommunications connection. Also in the event of circumstances related to the operation of entities for whose activities the service Operator is not responsible.

 

The complaint should include client's indication (address data reference) or in the case of complaint filed through electronic means, the indication of e-mail address that was used for creating the account in the service and the description of submitted reservations.

 

The service Operator reserves a 30-day period from the date of receipt of the complaint notification to reply.

 

In the case of a complaint filed through electronic means, the service Operator responds in the form of an e-mail unless the complaint expressly revoked that the reply has to be sent in written form (in such event it is necessary to provide address details).

 

Final provisions

 

In the case where the contents of these Terms of Use has been translated into languages other than Polish, all uncertainties of interpretation or semantic ones shall be decided upon in accordance with the rules governing the Polish language, whereas as the genuine and binding one shall be deemed solely the Polish version.

 

The Terms of Use shall take effect from 15th October 2013.

 

These Terms of Use are available at https://theaffily.com/pl/warunki_uzytkowania.html for all prospective Clients. The service Operator enables download of the Terms of Use and saving the file to your own data medium.