Terms and Conditions

1. Provider Information

AffiSpark is owned and operated by Thicle Sarl-S, 8352 Dahlem, Luxembourg (Company number B265768, VAT LU33898674).

Contact for legal or billing matters: info@affispark.io.

2. Acceptance and Scope

These Terms and Conditions apply to your access to and use of AffiSpark and related services, websites, APIs, and support channels.

By creating an account or using AffiSpark, you agree to these Terms. If you act on behalf of a company or organization, you confirm you have authority to bind that entity.

3. Service Description

AffiSpark provides affiliate program management software, including referral links, conversion attribution, commission tracking, payout exports, billing integrations, and related analytics.

Features, limits, and availability depend on the selected subscription plan.

4. Eligibility and Account Responsibilities

You must be legally capable of entering into a binding agreement.

You are responsible for account credentials, security controls, and all activity under your account.

You must provide accurate account and billing information and keep it up to date.

5. Subscription, Billing, and Refunds

Paid plans are billed through Stripe on recurring terms unless canceled.

Introductory pricing may apply to selected plans and billing cycles.

AffiSpark provides a 60-day money-back guarantee from the initial paid purchase date, subject to applicable law and payment processor constraints.

Taxes may apply depending on your jurisdiction and tax status.

6. Consumer Rights

If mandatory consumer protection rules apply to you, those rules prevail over conflicting provisions in these Terms.

For EEA/UK consumers, mandatory rights under applicable consumer laws remain unaffected.

7. Customer Compliance Obligations

You are responsible for the legality of your affiliate programs, disclosures, marketing activity, and payouts.

You must comply with applicable advertising, tax, privacy, consumer protection, sanctions, and export control laws.

8. Acceptable Use Restrictions

You must not attempt unauthorized access, interfere with service security or availability, deploy malicious code, or use AffiSpark for unlawful, deceptive, or abusive conduct.

We may suspend or restrict access where needed to protect the service, customers, affiliates, or legal compliance.

9. Third-Party Services

AffiSpark relies on third-party providers including Supabase, Vercel, Stripe, and optional analytics providers.

Third-party products are governed by their own terms and privacy policies.

10. Data Protection Roles

For account management, billing, operations, and security, Thicle Sarl-S acts as a controller.

For customer business data processed on customer instructions, Thicle Sarl-S generally acts as a processor/service provider.

The Privacy Policy and applicable data processing terms govern personal data processing in detail.

11. Intellectual Property

AffiSpark software, trademarks, content, and related materials are owned by Thicle Sarl-S and its licensors.

You receive a limited, non-exclusive, non-transferable right to use the service during an active subscription.

You retain ownership of your own data and content.

12. Confidentiality

Each party must protect non-public confidential information of the other party and use it only for service purposes.

Confidentiality obligations do not apply to information that is already public, independently developed, or lawfully obtained from third parties.

13. Availability and Service Changes

We aim to provide reliable service but do not guarantee uninterrupted availability.

We may modify features, limits, integrations, or technical implementation over time, including for security, legal, or operational reasons.

14. Warranty Disclaimer

To the maximum extent permitted by law, the service is provided on an 'as is' and 'as available' basis without implied warranties, including merchantability, fitness for a particular purpose, or non-infringement.

15. Limitation of Liability

To the maximum extent permitted by law, Thicle Sarl-S is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for loss of profits, revenue, goodwill, or data.

Our aggregate liability for all claims related to the service is limited to the fees paid by you to AffiSpark during the twelve months preceding the event giving rise to liability.

Nothing in these Terms excludes liability that cannot be excluded under mandatory law.

16. Indemnification

You agree to indemnify and hold harmless Thicle Sarl-S from third-party claims arising from your use of the service, your affiliate program operations, your content, or your breach of these Terms or applicable law.

17. Suspension and Termination

We may suspend or terminate access for material breach, non-payment, legal compliance needs, or security risk.

You may cancel recurring billing at any time through the billing portal. Cancellation stops future renewals and does not retroactively cancel already incurred charges except where required by law or our refund policy.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of Luxembourg, excluding conflict-of-law rules.

Courts of Luxembourg have jurisdiction, subject to any mandatory consumer jurisdiction rights.

19. Changes to These Terms

We may update these Terms periodically. Updated Terms become effective when posted with a revised date.

Continued use of AffiSpark after an update becomes effective constitutes acceptance of the revised Terms.

20. Contact

Questions about these Terms can be sent to info@affispark.io.