AffonsoIntroduction
Welcome to Affonso! These Terms of Service ("Terms") govern your access to and use of Affonso's website located at https://affonso.io and the companion application (collectively, the "Website"), including any content, functionality, and services offered on or through the Website.
These Terms of Service constitute a legally binding agreement and are entered into by and between you ("you") and ZASolution ("Affonso", "we", "us" and/or "our"). By using this Website or by clicking to accept these Terms, you accept and agree to be bound by and comply with these Terms and our Privacy Policy, located at https://affonso.io/privacy, incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Website.
By using this Website, you represent and warrant that you are of the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to change, modify, or update these Terms at any time. We will notify you of any changes via email. Your continued use of Affonso following such modifications constitutes your acceptance of the updated Terms. If you do not agree with the changes, you must discontinue using our service.
Affonso is an affiliate and referral tracking software built to help SaaS and app businesses launch and manage their own affiliate programs. Our platform enables businesses to turn loyal customers into brand ambassadors, boosting reach and revenue through powerful affiliate program management tools.
2. Account Terms
To access and use our services, you must register for an account with Affonso. By creating an account, you warrant and represent that all information provided during the registration process is accurate, complete, and current. You further warrant that you are at least 18 years of age and have the authority to enter into these Terms on behalf of yourself or the business entity you represent.
Account creation and maintenance are subject to the following conditions: You must be a human, as automated account creation is strictly prohibited. You are solely responsible for maintaining the confidentiality of your account credentials and must notify us immediately of any unauthorized access or security breaches. Sharing of account credentials with third parties is prohibited, and you accept full responsibility for all activities that occur under your account, whether authorized by you or not.
3. Subscription & Payments
Payment Processing and Terms
All payments for Affonso services are processed through our authorized payment processor, Stripe. All prices displayed are exclusive of applicable taxes, and you are responsible for paying all taxes, levies, or duties imposed by taxing authorities in your jurisdiction. We maintain the right to modify our pricing structure at any time, with appropriate notice provided to all affected users.
Subscription Plans
We offer various subscription plans designed to meet different business needs. Each plan includes specific features and capabilities as detailed on our website. We reserve the right to modify, terminate, or introduce new plans at our discretion. Subscription fees are billed in advance in accordance with your chosen billing cycle, and your subscription will automatically renew unless cancelled.
Revenue Passes
Revenue Passes represent a unique payment option offering usage of our service through a one-time payment structure. Each Revenue Pass remains valid until the specified affiliate-generated revenue limit is reached, with no time limitation. These passes are non-transferable and include all features specified in our Starter Plan. Revenue Pass pricing is dynamic and may vary daily based on market conditions and availability. Once purchased, Revenue Passes are non-refundable and cannot be transferred to other accounts or users.
Cancellation and Refund Policy
You may cancel your subscription at any time through the Stripe billing portal. Upon cancellation, your access to the service will continue until the end of your current billing period, after which your account will be automatically downgraded or deactivated. We do not provide refunds for partial periods of service or unused portions of your subscription. Revenue Passes, being one-time purchases, are non-refundable once activated.
Changes to Usage Fees
We reserve the right to modify our fees at any time, including the fees for existing subscription plans. If we increase the fee of your subscription plan, we will notify you via email at least 14 days before the fee change takes effect. The new fee will apply to your next billing cycle after the notice period. If you continue to use the service after the fee change takes effect, you agree to pay the modified fee. If you do not agree with the fee change, you may cancel your subscription before the fee change takes effect, in which case your service will continue until the end of your current billing period at the current fee.
4. Service Provision and Usage
Service Availability and Support
We are committed to maintaining high service availability and providing quality support to our users. Our support team is available via email and live chat, with a guaranteed response time of 24 hours for customers. Scheduled maintenance windows will be communicated to all users via email with reasonable advance notice to minimize service disruption.
Affiliate Payments and Responsibilities
You acknowledge and agree that you are solely responsible for managing and processing all payments to your affiliates. Our service provides tracking and management tools, but we are not involved in the payment processing between you and your affiliates. This includes, but is not limited to:
- The calculation and verification of affiliate commissions
- The timely processing of payments to affiliates
- Compliance with all applicable tax laws and regulations regarding affiliate payments
- Resolution of any payment disputes with affiliates
- Maintaining accurate payment records and documentation
- Ensuring compliance with local laws regarding affiliate compensation
We provide tools to help track and calculate affiliate commissions, but the accuracy of these calculations should be verified by you, and the ultimate responsibility for correct payment processing lies solely with you. We assume no liability for any payment-related disputes between you and your affiliates.
API Access and Integration
We provide API access to enable seamless integration with your existing systems and workflows. The use of our API is subject to separate API documentation and fair usage policies. While we strive to maintain API stability, we reserve the right to modify API endpoints or impose usage limits to ensure service quality for all users.
Customer Compliance and Legal Obligations
Data Protection Compliance Requirements
You acknowledge and agree that you are solely responsible for ensuring full compliance with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and any other applicable privacy legislation in your jurisdiction. This responsibility includes, without limitation, obtaining all necessary consents, permissions, and legal bases required for the collection, processing, and tracking of personal data through our services.
You warrant that you will only activate Affonso's tracking functionality after obtaining explicit and informed consent from end users where required by applicable law. When operating in jurisdictions requiring user consent for tracking technologies, you must implement appropriate consent management mechanisms and utilize our consent-enabled tracking features, until proper user consent has been obtained. You remain solely liable for any non-compliant data processing activities, improper consent collection, or failure to implement required privacy safeguards.
Implementation and Integration Responsibilities
You acknowledge that while Affonso provides technical tools and features designed to support compliance with data protection regulations, we cannot and do not guarantee your legal compliance. The proper implementation of consent mechanisms, privacy notices, cookie banners, and other legal requirements remains your exclusive responsibility. You agree to integrate our services in accordance with our documentation and best practices, particularly regarding consent management and privacy-first tracking implementations.
You further agree to maintain accurate records of consent mechanisms, provide appropriate privacy notices to end users, and handle all data subject requests related to affiliate tracking data processed through our platform. Any failure to meet these obligations may result in immediate suspension or termination of services at our sole discretion.
6. Data Protection and Privacy
We take data protection and privacy seriously and process all data in accordance with our Privacy Policy (https://affonso.io/privacy). All customer data is stored in secure facilities located in the European Union (Frankfurt region), adhering to strict data protection standards and regulations.
You maintain ownership of all data you input into our system. We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, or destruction. You may export your affiliate data at any time through our platform's export functionality.
In the event of account termination, we retain data only as required by applicable laws and regulations. Our backup systems maintain regular copies of all customer data according to industry standard retention periods to ensure data recovery capabilities in case of technical issues.
Data Processing Agreement
By using Affonso's services, you acknowledge and agree that a Data Processing Agreement pursuant to Article 28 of the General Data Protection Regulation (GDPR) automatically comes into effect between you as the Controller and us as the Processor. This agreement governs our processing of personal data on your behalf in connection with the provision of our affiliate tracking services. The complete terms and conditions of our data processing activities, including technical and organizational measures, sub-processor arrangements, and data security protocols, are detailed in our Data Processing Agreement, which forms an integral part of these Terms and is available at https://affonso.io/legal/dpa. Your continued use of our services constitutes acceptance of the Data Processing Agreement terms.
7. Intellectual Property Rights
Ownership and Rights
Affonso retains exclusive ownership of all rights, title, and interest in and to the service, including all intellectual property rights. This includes, but is not limited to, our software, code, interface designs, databases, and documentation. While you retain all rights to your content and data uploaded to our platform, you grant us a limited license to use such content solely for the purpose of providing and improving our services.
Usage Restrictions
You agree not to modify, copy, create derivative works, reverse engineer, decompile, or attempt to discover any source code related to our services. You may not access the service to build a similar or competitive product. Any use of our service that could damage, disable, overburden, or impair our servers or networks is strictly prohibited.
8. Liability and Warranties
Service Warranty Disclaimer
The service is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express or implied. While we strive to maintain high service quality and availability, we do not guarantee that the service will be uninterrupted, timely, secure, or error-free. We make commercially reasonable efforts to ensure service reliability but acknowledge that technical issues may occasionally arise.
Limitation of Liability
In no event shall Affonso be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your use or inability to use the service. Our total liability for any claims arising under these Terms shall be limited to the amounts you have paid to us for service in the twelve months preceding the incident giving rise to the claim.
Additional Liability Limitations
In addition to the general limitations set forth above, we expressly disclaim any liability for damages arising from or related to your failure to comply with applicable data protection laws, improper implementation of consent mechanisms, unauthorized data processing activities, or any violations of privacy regulations resulting from your use of our services. You agree to indemnify and hold us harmless from any claims, damages, losses, or expenses arising from your non-compliance with data protection obligations or improper use of our tracking technologies.
We are not responsible for monitoring or ensuring the lawfulness of your data processing activities, the adequacy of your consent collection methods, or your compliance with applicable privacy regulations. Our provision of compliance-supporting features does not constitute legal advice or guarantee regulatory compliance.
9. Term and Termination
These Terms remain in effect throughout your use of our service. Either party may terminate this agreement at any time, with or without cause. We reserve the right to terminate or suspend access to our service immediately, without prior notice or liability, for any breach of these Terms.
Upon termination, your right to use the service will cease immediately. You remain liable for all fees incurred up to the date of termination. Provisions of these Terms which by their nature should survive termination shall remain in effect, including, but not limited to, ownership provisions, warranty disclaimers, and limitations of liability.
10. General Provisions
Governing Law
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Germany.
Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Entire Agreement
These Terms, together with our Privacy Policy and any additional terms referenced herein, constitute the entire agreement between you and Affonso regarding the service and supersede all prior agreements and understandings, whether written or oral.
11. Contact Information
If you have any questions about these Terms, please contact us at:
Email: hello@affonso.io
Address: ZASolution, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany
Last modified: October 26, 2024
