Terms of Service

Definitions

• "Platform" means the websites, applications, APIs, dashboards, and related services provided by ThePartnershipTool.
• "User," "you," or "your" means any individual or entity that accesses or uses the Platform.
• "User Data" means all data, content, and information that you submit to, upload to, connect to, or otherwise make available through the Platform.
• "Connected Services" means third-party services, platforms, networks, or APIs that you connect to the Platform, including affiliate networks.
• "Sensitive Personal Information" means payment card data subject to PCI DSS, protected health information, government-issued identifiers, and other information subject to heightened protection under applicable law.

Acceptance of Terms

By accessing or using the Platform, you agree to these Terms and our Privacy Notice, which is incorporated by reference. If you are using the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms, and that organization will be treated as the User for all purposes.

Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use the Platform. The Platform is intended for business use only.

Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials, passwords, and API keys and for all activity occurring under your account. You agree to notify us promptly of any unauthorized access or use. We may suspend or restrict access if we reasonably believe your account has been compromised or used in violation of these Terms.

License and Use of the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your internal business purposes. You may not copy, modify, create derivative works of, reverse engineer, decompile, or attempt to extract the source code of the Platform. You may not use the Platform to build or support a competing product or service, or use the Platform in violation of applicable law or third-party terms.

By connecting affiliate networks or other Connected Services, you represent and warrant that such connections do not violate the terms of those services and that you have all necessary rights and permissions to do so.

User Data and Responsibilities

You retain all rights, title, and interest in your User Data. You represent and warrant that you have all rights, permissions, and consents required to provide User Data and data obtained from Connected Services, and that your use of the Platform complies with all applicable laws, including privacy and data protection laws. You agree not to provide Sensitive Personal Information through the Platform unless you are legally authorized to do so and such provision is necessary for your use of the Platform.

We do not review, validate, monitor, or control the content of User Data or data obtained from Connected Services. You are solely responsible for the legality, accuracy, and appropriateness of such data.

Advertiser Responsibility for Third Parties

You acknowledge and agree that you are solely responsible for your relationships with your customers, end users, publishers, affiliates, networks, agencies, and any other third parties connected to your business. You are responsible for providing all required notices, disclosures, and obtaining all necessary consents in connection with your use of the Platform. The Partnership Tool has no direct relationship with, and assumes no responsibility for, any end users, affiliates, publishers, networks, agencies, or other third parties of your business.

If you access or use the Platform as an agency or service provider on behalf of another entity, you represent and warrant that you have authority to bind that entity to these Terms. The entity on whose behalf you act will be treated as the User for purposes of responsibility, liability, and indemnification under these Terms.

Privacy

Our Privacy Notice explains how we collect, use, and disclose personal information and is incorporated into these Terms by reference.

Subscriptions, Billing, and Refunds

The Platform is offered on a subscription basis under various plans, which may include monthly or annual billing options. Plan features, limits, pricing, and available add-ons are described on the Platform or in an applicable order. Annual billing may be offered at a discounted rate compared to monthly billing.

Subscriptions automatically renew for successive billing periods of equal length unless canceled prior to the end of the then-current billing period. By subscribing, you authorize us to charge your designated payment method for all applicable subscription fees, add-ons, and taxes until you cancel.

Certain plans may allow you to purchase add-ons, such as additional brands, users, or features, for an additional recurring fee. Add-ons will renew automatically unless removed. You may upgrade, downgrade, or otherwise modify your subscription at any time, and changes may take effect immediately or at the next billing cycle, as disclosed at the time of the change.

Enterprise subscriptions may be subject to custom pricing, billing terms, and contractual arrangements agreed to separately in writing.

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of the current billing period, and you will retain access through the remainder of the paid term.

Except as required by applicable law or expressly stated at the time of purchase, all fees are non-refundable. We do not provide refunds or credits for partial billing periods, unused features, or unused add-ons. We may modify pricing or plans from time to time, with changes applying prospectively upon renewal or as otherwise communicated in advance.

Third-Party Services

The Platform may integrate with or link to third-party services. We do not control and are not responsible for third-party services, including their availability, changes, interruptions, or discontinuation.

Intellectual Property

The Platform and all related intellectual property rights are owned by The Partnership Tool or its licensors. You may not use our intellectual property except as expressly permitted by these Terms. Any feedback you provide may be used by us without restriction or compensation.

Confidentiality

Each party agrees to protect the other party's non-public confidential information and to use it only as permitted under these Terms.

Security

We implement commercially reasonable administrative, technical, and physical safeguards to protect data, but no system is completely secure. We do not guarantee absolute security.

Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTNERSHIP TOOL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS OR DATA. THE PARTNERSHIP TOOL'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) FEES PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR (B) $1,000. THESE LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

Indemnification

You agree to indemnify, defend, and hold harmless The Partnership Tool and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to your violation of these Terms, your breach of data warranties, your use of User Data or Connected Services data, your violation of applicable law or third-party terms, or any claim brought by an end user, consumer, publisher, affiliate, network, agency, or other third party relating to your business or your use of the Platform, including claims in which ThePartnershipTool is named as a defendant alongside you or on your behalf.

No Third-Party Beneficiaries

These Terms are entered into solely between you and The Partnership Tool. Nothing in these Terms is intended to, or shall be deemed to, confer any rights or remedies upon any third party, including any end users, consumers, publishers, affiliates, networks, or agencies.

Termination

We may suspend or terminate your access to the Platform at any time for violation of these Terms or for business reasons. Upon termination, your license ends and data may be deleted in accordance with the Privacy Notice. Provisions that by their nature should survive termination shall survive.

Governing Law

These Terms are governed by the laws of the State of Illinois, without regard to conflict-of-law principles.

Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration in Cook County, Illinois, under the rules of the American Arbitration Association. You waive the right to a jury trial and to participate in class actions.

Force Majeure

Neither party shall be liable for failure or delay in performance due to events beyond reasonable control, including acts of God, government actions, labor disputes, or internet failures.

Notices

Notices may be provided by email to privacy@thepartnershiptool.com or by posting on the Platform and will be effective upon delivery or posting.

Changes to These Terms

We may update these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the updated Terms.

Contact

Questions about these Terms may be sent to privacy@thepartnershiptool.com.