Terms of Service

General Terms of Service

These General Terms apply to the Affily mobile application, affilyapp.com, APIs, integrations, and related services operated by Affily, Inc. You must be at least 18 years old and have legal capacity to enter a binding agreement. If you use Affily on behalf of a company or other entity, you represent and warrant that you have authority to bind that entity to these terms.

You are responsible for maintaining the confidentiality of account credentials and for all activity that occurs under your account. Affily provides software and services that help businesses create campaigns and help promoters distribute smartlinks, track attributed conversions, calculate commissions, administer payouts, and manage related compliance, support, and fraud-prevention workflows. Unless expressly stated otherwise in writing, Affily is not the seller of record for products promoted by businesses.

Role-specific terms apply in addition to these General Terms. You may not use Affily in violation of these Terms, the Acceptable Use Policy, applicable law, or third-party rights. Promoters must comply with FTC disclosure requirements, including clear disclosure of a financial relationship such as #ad or similar clear language.

You consent to electronic communications and records, including agreements, notices, payout notices, support communications, and other records related to the service. Electronic signatures, click-through acceptances, in-app confirmations, platform logs, and electronic records satisfy writing requirements to the fullest extent permitted by law.

Affily may use Stripe, Stripe Identity, Stripe Connect, and related financial services to verify identity, assess eligibility, administer payouts, process charges, and reduce fraud. You agree that Affily may rely on records generated by Affily, Stripe, Shopify, and related providers including identity verification results, login and device logs, click and conversion logs, order and refund records, payout records, and related metadata as evidence in investigations, dispute resolution, enforcement, and legal defense where permitted by law.

Affily owns the service, software, branding, content, and documentation except for content lawfully provided by users or third parties. Subject to these terms, you receive a limited, revocable, non-exclusive, non-transferable right to use the service for its intended purpose. You grant Affily a non-exclusive right to host, process, store, reproduce, and display submitted content and data as needed to operate, improve, secure, support, and enforce the service.

Affily may integrate with or rely on third-party services and products, including Shopify, Stripe, Apple, Google, hosting vendors, analytics providers, and communications providers. Affily is not responsible for third-party services, products, availability, or policies, and your use of those services may be subject to separate terms.

Affily may suspend, restrict, or terminate accounts, campaigns, links, payouts, integrations, or access for fraud, abuse, legal risk, infringement, non-payment, policy violations, or security risk. The service is provided on an "as is" and "as available" basis, without warranties of any kind to the fullest extent permitted by law. Affily does not guarantee uninterrupted or error-free operation and does not guarantee the absence of fraudulent, abusive, or non-compliant user behavior.

To the fullest extent permitted by law, Affily is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, data, goodwill, or business opportunity. Affily's total aggregate liability is capped at the greater of amounts paid by you to Affily in the six months preceding the event giving rise to the claim or US $100, except to the extent that more specific terms in an applicable business agreement state otherwise.

Any dispute, claim, or controversy arising from 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. You and Affily waive any right to participate in a class action or class arbitration. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect rights pending arbitration. These terms are governed by Delaware law, without regard to conflict-of-law principles.

Affily may modify the service and these terms from time to time. Updated terms are effective when posted or otherwise communicated, unless a later date is stated. Continued use of the service after the effective date constitutes acceptance of the updated terms to the extent permitted by law.

For notices, legal inquiries, or questions about these terms, contact Affily at admin@affilyapp.com or by mail at:

DMCA Takedown Notices

If you believe content available through Affily infringes your copyright, you may send a notice to our designated DMCA agent:

Your DMCA notice should include identification of the copyrighted work, identification of the allegedly infringing material and location, your contact information, a good-faith statement, a statement under penalty of perjury regarding accuracy and authority, and your physical or electronic signature. Affily may process compliant counter-notices and may restore content where permitted by law. Affily may terminate repeat infringers in appropriate circumstances.

Business Terms / Agreement

These Business Terms apply to businesses, merchants, brands, and sellers using Affily. Affily provides software, marketplace, attribution, payout, and related operational services that connect businesses with independent promoters. Affily is not your employee, sales representative, distributor, or reseller, and promoters are independent third parties not controlled by Affily.

Businesses are solely responsible for products, pricing, promotions, content, claims, fulfillment, taxes, warranties, customer service, and legal compliance of campaigns. Businesses determine promoter commission rates offered through campaigns, subject to platform rules. Affily charges a 5% platform fee in connection with platform-facilitated conversions unless otherwise agreed in writing. You acknowledge total acquisition cost includes both promoter commission and Affily's 5% fee and that you are solely responsible for ensuring those amounts do not exceed your product margin.

Affily applies a 30-day reversal policy. If an item tied to an attributed conversion is returned or refunded within 30 days after conversion, Affily may retract the related promoter commission and may credit back any associated Affily fee for that conversion, subject to platform records and fraud controls. After 30 days, Affily has no obligation to reverse commissions or fees, and the business bears responsibility for refunds, returns, exchanges, chargebacks, and similar post-sale events. Businesses expecting full alignment with this reversal window should list products with return periods of 30 days or less.

Affily operates a marketplace of independent promoters. Although Affily enforces guidelines, it cannot guarantee compliance by every individual post. Affily's liability for promoter misconduct is limited to removing non-compliant promoters and refunding associated commissions. Except for that limited remedy, the business assumes the risk of independent promoter misconduct, including improper disclosure and off-platform activity.

Discount codes may be copied, republished, indexed, scraped, or redistributed by third parties outside Affily's control. That risk is part of running discount-based promotions. Affily will not refund commissions or fees solely because a code was obtained or used by scrapers, coupon aggregators, or similar third parties. Businesses may disable discounts for affected campaigns.

You authorize Affily and its payment partners to charge designated payment methods or collect through approved settlement workflows for lawful amounts owed, including fees, reversed amounts that remain your responsibility, chargebacks, negative balances, costs from breach, and related obligations. Affily may suspend campaigns, pause payouts or credits, offset future amounts, send balances to collections, or recover through legal action. Termination does not cancel amounts already owed.

You represent and warrant that you own or have sufficient rights to all submitted product listings, campaign materials, trademarks, copyrights, discounts, media, and related content; that your products, claims, offers, and fulfillment comply with applicable law including advertising, consumer protection, export, sanctions, privacy, and intellectual-property laws; and that you will not use deceptive pricing, misleading discount claims, unlawful content, or infringing products. You will maintain accurate refund and return records and provide information reasonably requested for reversals, disputes, and investigations.

You consent to electronic records and to use of verification and platform evidence in investigations and disputes. Affily may suspend or terminate access for non-payment, suspected fraud, legal risk, policy violations, or security concerns. Provisions concerning fees, reversals, payment obligations, intellectual property, data processing, dispute resolution, limitation of liability, and amounts owed survive suspension or termination.

Affiliate Terms / Agreement

These Affiliate Terms apply to promoters, affiliates, creators, influencers, and similar users. You must be at least 18 years old. Promoters are independent users and are not employees, agents, partners, franchisees, or representatives of Affily or any business unless separately agreed in writing. Promoters are responsible for their own taxes, expenses, permits, and legal compliance.

Affily may permit promoters to join campaigns, create smartlinks, use campaign-linked discount codes, and view performance and earnings. Affily currently uses a standard seven-day attribution cookie for campaigns, but attribution is not guaranteed and remains subject to platform records, fraud controls, refund and reversal rules, and campaign status.

Promoters must comply with all FTC requirements and the FTC Endorsement Guides, including clear disclosure of financial relationships (for example, #ad or #sponsored) on every post containing an Affily smartlink. Failure to provide required disclosures is a material breach of contract. Promoters agree to pay legal damages incurred by Affily or a business resulting from promoter non-compliance. Affily and participating businesses are not responsible for a promoter's failure to comply with disclosure law.

Promoters may not publish false, deceptive, unsupported, or misleading claims. Prohibited traffic and methods include bots, fake traffic, click farms, automated browsing, traffic laundering, cookie stuffing, forced clicks, hidden redirects, attribution hijacking through adware or browser extensions, impersonation, fake identities, fake followers, fake reviews, fabricated engagement, spam, unlawful SMS or email marketing, and use of infringing, defamatory, hateful, unlawful, or harmful content. Smartlinks may not be used in any way that violates platform rules, intellectual-property rights, or consumer-protection law.

Commissions are earned only on valid attributed conversions recognized by Affily's records. Affily may apply review periods, holds, payout thresholds, identity checks, and fraud controls before any amount becomes payable. If an order or item is returned, refunded, canceled, charged back, found fraudulent, or otherwise reversed within 30 days of conversion, associated commission may be fully reversed. After that period, businesses generally bear refund risk, but Affily may still adjust amounts as required by law, payment-network rules, court order, or proven fraud.

Affily may withhold commissions and ban accounts where traffic patterns indicate fraud, botting, or misleading promotion, including abnormal conversion rates followed by elevated chargebacks, in Affily's sole discretion. Affily may investigate abnormal click or conversion behavior, excessive refunds, repeated complaints, identity inconsistencies, payout-risk indicators, or suspected legal violations. During review, Affily may suspend links, pause payouts, limit withdrawals, or terminate campaign access.

Referral codes and bonuses are subject to platform records, fraud checks, hold periods, and program rules in effect at the time. If a promoter deletes an account, the promoter forfeits rights to unpaid conversion profit, pending commissions, unpaid referral code profit, referral bonuses, rewards, credits, and similar earnings not already finally disbursed. Deleting an account does not eliminate obligations owed to Affily or third parties. Promoters may use business trademarks, images, and assets only as permitted by campaign terms, these terms, and applicable law, and permissions may be revoked at any time.

Affily may suspend or terminate promoter access for policy violations, legal risk, fraud indicators, security risk, or other material breach. Payment obligations, limitations of liability, compliance obligations, indemnity duties, dispute resolution terms, and surviving legal protections continue after account termination.

Acceptable Use Policy

You may not use Affily for unlawful or deceptive activity. Prohibited conduct includes deceptive offers, fake discounts, false claims, manipulated reviews, misleading advertising, unlawful or infringing products or services, dangerous goods, fraud, abuse, attribution manipulation, bot traffic, scripted traffic, click inflation, fake conversions, self-dealing schemes, refund abuse, cookie stuffing, link hijacking, hidden iframes, background redirects, ad injection, trademark baiting, and similar abuse.

You may not evade payout holds, identity checks, fraud controls, negative balance recovery, or platform restrictions. You may not scrape, crawl, reverse engineer, probe, interfere with, or bypass access controls, rate limits, account controls, security measures, or geographic restrictions except where expressly allowed by law. You may not transmit malware, malicious code, spyware, ransomware, or harmful scripts, and you may not impersonate any person or entity or provide false identity, payout, tax, business, or ownership information. Multiple or linked accounts may not be used to evade enforcement.

Promoter-specific restrictions include false or unsupported product claims, missing or hidden FTC disclosures, spam, unlawful SMS, unlawful email marketing, fake engagement, policy-violating content, and unauthorized use of copyrighted, trademarked, or protected materials. Business-specific restrictions include unlawful, infringing, unsafe, or counterfeit products or offers, misleading pricing, fabricated discounts, fake scarcity, hidden material terms, and campaign content that violates advertising, privacy, intellectual-property, consumer-protection, or product-safety law.

Users may not upload or use infringing content. Affily may remove allegedly infringing content, disable access, or terminate repeat infringers. Affily may investigate suspected violations and may remove content, disable links, reverse or hold amounts, suspend campaigns, block integrations, terminate accounts, report activity to third parties or authorities, or take other appropriate action.

Shopify Merchant App Agreement

Effective Date: April 6, 2026

This Shopify Merchant App Agreement applies when a merchant installs or uses the Affily Shopify app. The merchant agrees that these Shopify terms incorporate and are governed by the General Terms, Business Terms, and Acceptable Use Policy above. Where merchant operations involve promoters or affiliate campaigns, the Affiliate Terms govern promoter conduct and program enforcement.

By installing the app, the merchant authorizes Affily to access and process Shopify data needed to provide attribution, conversion tracking, commission workflows, reversals, reporting, and compliance operations in line with merchant instructions, platform requirements, and applicable law. Merchant responsibilities, payment obligations, risk allocation, suspension and termination rights, dispute procedures, and limitation-of-liability terms remain as stated in the incorporated terms.

By installing, authorizing, accessing, or using the app, the merchant agrees to this agreement and represents authority to bind the merchant entity. Merchant users must be at least 18 years old and must comply with applicable law and Shopify platform rules.

For clarity, in this section, "Campaign" means a product- or offer-linked promotion and related attribution configuration, "Promoter" means an independent affiliate or creator, and "Services" means the Affily Shopify app and related merchant-facing workflows, integrations, support, and documentation.

Affily provides technology services and does not become the merchant's seller of record, distributor, fulfillment provider, advertising agency, or legal representative. Affily may modify, suspend, improve, or discontinue app features from time to time.

Merchants remain solely responsible for product legality, safety, quality, pricing, availability, fulfillment, customer service, taxes, returns, discounts, product and promotional claims, and compliance with consumer-protection, advertising, intellectual-property, privacy, sanctions, export, and related laws.

Promoters are independent third parties and not employees, agents, or legal partners of Affily. Merchant acknowledges Affily's limited responsibility for promoter misconduct, as set out in the Business Terms, and assumes independent-promoter risk except for expressly stated remedies.

Affily currently uses a standard seven-day attribution framework for campaigns and may use aff_click_id, cookies, local storage, and session storage where supported. Attribution and reporting depend on Shopify APIs and webhooks, browser or device behavior, storage availability, merchant configuration, end-user behavior, and other factors outside Affily's reasonable control. Affily does not guarantee fully uninterrupted or error-free attribution and reporting.

Merchant authorizes Affily and payment partners, to the extent permitted by law and payment rails, to charge, debit, collect, offset, withhold, or recover lawful amounts owed, including commissions, platform fees, reversal-related amounts, negative balances, chargeback exposure, and related obligations. Affily may pause campaigns, withhold credits, offset future amounts, refer delinquent balances to collections, or pursue legal recovery. Uninstall, closure, or termination does not extinguish accrued payment obligations.

Affily may monitor and investigate suspected fraud, abuse, manipulated attribution, suspicious refund patterns, policy violations, or threats to platform integrity. During review, Affily may pause or limit campaign activity, delay settlements, require additional information, restrict features, or suspend or terminate access.

Merchant agrees to electronic contracting and records. Electronic signatures, click-through acceptance, in-app confirmations, platform logs, Shopify records, and related operational records may be used as evidence to the extent permitted by law.

Merchant agrees to defend and indemnify Affily and its affiliates, officers, directors, employees, contractors, and agents from third-party claims arising from merchant products, offers, claims, campaign materials, legal non-compliance, or breach of agreement, to the extent permitted by law.

Any dispute under this Shopify merchant agreement is subject to binding individual arbitration administered by AAA. The parties waive class or representative proceedings to the extent permitted by law. Either party may seek temporary or preliminary injunctive relief in court pending arbitration. The seat of arbitration is Delaware, and Delaware law governs non-arbitrable disputes, except where federal or non-waivable law requires otherwise.

Affily may update this merchant agreement from time to time, with updated terms effective when posted or otherwise communicated unless a later date is stated. Continued use after the effective date constitutes acceptance to the extent permitted by law.

The Data Processing Addendum available at /dpa forms part of this Shopify Merchant App Agreement for merchant customer personal data processed in connection with the Shopify app.

Notices regarding this agreement may be sent to admin@affilyapp.com or by mail: