Terms of Service
Last updated: January 1, 2025
These Terms of Service ("Terms") govern your access to and use of Incentivly ("we", "us", or "our") and our websites, dashboards, SDKs, APIs, and related services (collectively, the "Services"). By creating an account or using the Services, you agree to be bound by these Terms.
1. Accounts and Eligibility
- You must be at least the age of majority in your jurisdiction to use the Services.
- You are responsible for the accuracy of information provided and for safeguarding your credentials.
- We may suspend or terminate accounts for violations of these Terms or suspicious activity.
2. Platform Roles
- Developers list apps and create promotions with custom commission rates.
- Influencers register for promotions, generate referral links, and earn commissions on attributed conversions.
3. Referral Tracking and Attribution
Our proprietary tracking, SDKs, and attribution logic link installs and purchases to referral sources. We may use cookies, identifiers, URL parameters, and in-app events. Attribution results shown in dashboards are based on our systems and may be subject to validation and fraud checks.
4. Payments, Payouts, and Fees
- Payments and payouts are processed by Stripe. You authorize us to facilitate charges and payouts via Stripe.
- We charge a 2% platform fee on applicable transactions, as displayed in the product.
- Commissions are calculated from attributed conversions and are subject to fraud review and successful payment capture.
- Developers are responsible for ensuring adequate funds to pay commissions and fees.
4.1. Influencer Payment Terms
Payment Guarantee: The Platform's obligation to pay commissions to Influencers is expressly contingent upon the Platform's receipt of corresponding payments from Developers. The Platform shall only disburse payments to Influencers after successfully collecting the requisite funds from Developers.
Developer Payment Risk: While the Platform commits to employing all commercially reasonable efforts to collect payments from Developers, including but not limited to payment processing, collection procedures, and legal remedies where appropriate, the Platform cannot guarantee that Developers will fulfill their payment obligations. Influencers acknowledge and accept that Developer payment default constitutes a risk inherent in the referral marketing business model.
Platform Collection Efforts: The Platform shall utilize all available legal and commercial avenues to secure Developer payments, including payment method verification, automated collection systems, account suspension, and pursuit of legal remedies. However, the Platform's liability for unpaid Developer obligations is limited to the Platform's collection efforts and does not extend to guaranteeing Developer solvency or payment capability.
4.2. Developer Payment Obligations
Payment Due Date: By creating promotions and utilizing the Platform's referral services, Developers expressly agree that all commission payments become due and payable immediately upon successful attribution of conversions to Influencer referrals. Developers acknowledge that these payment obligations are legally binding and enforceable.
Legal Responsibility: Developers acknowledge and accept full legal responsibility for all commission payments owed to Influencers. Failure to fulfill payment obligations may result in legal action, including but not limited to collection proceedings, account suspension, and pursuit of remedies available under applicable law. Developers agree to indemnify the Platform for any costs, fees, or damages incurred due to their payment defaults.
Payment Method Requirements: Developers must maintain valid, current payment methods on file with the Platform. The Platform reserves the right to automatically charge these payment methods for outstanding commission obligations. Developers authorize the Platform to process such charges without additional consent once payment becomes due.
5. Acceptable Use
- No unlawful, deceptive, or fraudulent activity, including artificial traffic or fake installs/purchases.
- No violation of third-party rights or platform policies (e.g., app store rules, advertising policies).
- No interference with or abuse of the Services, SDKs, or attribution mechanisms.
6. Intellectual Property
The Services, including software, SDKs, and content, are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use our SDKs and dashboards in accordance with these Terms. You retain rights in your content. You grant us the rights necessary to operate the Services and display your content as configured.
7. Term and Termination
These Terms remain in effect while you use the Services. We may suspend or terminate access with or without notice for any breach or risk to the platform. Upon termination, certain provisions will survive, including those related to fees owed, intellectual property, disclaimers, and limits of liability.
8. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We do not guarantee specific results, revenue, or traffic.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
10. Indemnification
You agree to indemnify and hold harmless Incentivly and its affiliates from any claims, damages, losses, liabilities, and expenses arising from your use of the Services, your content, or your violation of these Terms or applicable laws.
11. Governing Law
These Terms are governed by the laws of your applicable jurisdiction, without regard to conflict of law principles. Venue and jurisdiction will lie in competent courts located where we are based, unless otherwise required by law.
12. Changes to These Terms
We may update these Terms from time to time. We will post the updated version on this page and update the “Last updated” date above. Continued use of the Services after changes constitutes acceptance of the revised Terms.
13. Contact
Questions about these Terms? Contact us at contact@incentivly.com.