Terms of Service
Last updated: January 15, 2025
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and ReferAgent Inc. ("ReferAgent", "we", "our", or "us") governing your access to and use of the ReferAgent platform, including our website, APIs, SDKs, and related services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
2. Eligibility
To use our Services, you must be at least 18 years old and have the legal capacity to enter into binding contracts. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
3. Account Registration
- You must provide accurate, current, and complete information during registration
- You are responsible for maintaining the security of your account credentials
- You must notify us immediately of any unauthorized access to your account
- You are responsible for all activities that occur under your account
- We reserve the right to suspend or terminate accounts that violate these Terms
4. Acceptable Use
You agree not to use our Services to:
- Violate any applicable laws, regulations, or third-party rights
- Engage in fraud, deception, or misleading practices
- Create fake referrals, clicks, or conversions
- Use bots, scripts, or automated tools to manipulate metrics
- Distribute malware, viruses, or harmful code
- Interfere with or disrupt the integrity of our Services
- Attempt to gain unauthorized access to our systems
- Harvest or collect user information without consent
- Promote illegal activities, hate speech, or violence
- Infringe on intellectual property rights
5. Referral Campaigns
5.1 Campaign Requirements
When creating referral campaigns, you must:
- Clearly disclose the terms and conditions of your referral program to participants
- Comply with applicable advertising and marketing laws
- Honor rewards and incentives as advertised
- Not make false or misleading claims about your products or services
5.2 Fraud Prevention
We employ fraud detection measures to maintain the integrity of our platform. We reserve the right to invalidate suspicious referrals, conversions, or rewards without notice. Repeated fraudulent activity will result in account termination.
6. Fees and Payment
6.1 Subscription Fees
Certain features of our Services require a paid subscription. Fees are billed in advance on a monthly or annual basis, depending on your chosen plan.
6.2 Payment Terms
- All fees are non-refundable unless otherwise stated
- We may change pricing with 30 days advance notice
- Failed payments may result in service suspension
- You are responsible for any applicable taxes
6.3 Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No refunds are provided for partial periods.
7. Intellectual Property
7.1 Our Property
The Services, including all content, features, and functionality, are owned by ReferAgent and are protected by copyright, trademark, and other intellectual property laws.
7.2 Your Content
You retain ownership of content you submit through our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing our Services.
7.3 Feedback
Any feedback, suggestions, or ideas you provide about our Services may be used by us without any obligation to you.
8. API and SDK Usage
- API access is subject to rate limits as specified in our documentation
- You must not share API keys or allow unauthorized access
- We may modify or discontinue APIs with reasonable notice
- You are responsible for the security of your integrations
9. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFERAGENT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
11. Indemnification
You agree to indemnify, defend, and hold harmless ReferAgent and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.
12. Termination
We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. Upon termination:
- Your right to use the Services will immediately cease
- You remain liable for all fees incurred prior to termination
- We may delete your data after a reasonable retention period
- Provisions that by their nature should survive will remain in effect
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California.
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
15. Contact Information
For questions about these Terms, please contact us at:
Email: legal@referagent.com
Address: ReferAgent Inc., 123 Growth Street, San Francisco, CA 94102