01 Introduction
What these Terms are. These Terms of Service set out the rights and obligations that apply when you use Trafficore. Together with your Order they form a binding agreement between you and us. They are linked from the footer of every page so you can read them whenever you like — please do, because they allocate real risk.
Defined terms. Words that begin with a capital letter have the meaning given to them in clause 2.
Business use only. Trafficore is sold to companies and to individuals acting in the course of a business. It is not a consumer product, and the consumer-protection rules that govern business-to-consumer contracts do not apply to this Agreement. If you would be buying as a consumer, do not sign up.
Age. You must be at least 18 years old to enter into this Agreement or to use the platform.
We supply a tool, not a business. Trafficore is tracking and management software. Which offers you run, which advertisers you work with, which affiliates you accept, what you pay them, and whether any of it complies with the law are your decisions and your responsibility. We state expressly that we:
- have no control over, and no liability for, whether you conduct your business lawfully;
- have no contractual relationship with your Affiliates and do not intervene between you and them;
- are not responsible for your obligations towards your Affiliates, including their payouts;
- are not responsible for anything your Affiliates, advertisers or traffic sources do;
- do not supply, register or control the domains your Workspace and tracking links run on — see clause 5.2; and
- do not verify, endorse or vouch for any offer, advertiser, landing page or traffic source inside your Workspace.
How to reach us. Use whichever address fits:
Effect. These Terms are in force as of 31 August 2026 and replace any earlier version.
02 Definitions
In these Terms, the following capitalised words have the following meanings.
- Affiliate
- A person or business that drives traffic to your offers in exchange for a commission from you — also called a media buyer or partner. Your Affiliates are your counterparties, not ours.
- Agreement
- These Terms, your Order, and the DPA, together forming the contract between you and us.
- API
- The programmatic interfaces we expose so your systems can read from and write to the Platform.
- Billing Period
- The period covered by a single recurring Fee — monthly or annual, as stated in your Order.
- Click Data
- The records the Platform creates when a tracking link is followed: timestamp, source and sub-identifiers, geo, device, referrer and the like.
- Conversion Data
- The records of leads, sales, deposits or other actions reported to the Platform, whether by a landing page, an integration or a postback.
- Confidential Information
- Has the meaning given in clause 14.2.
- Customer / you
- The company or sole trader that concludes this Agreement and operates one or more Workspaces.
- Customer Domain
- A domain name you own and control and point at the Platform, so that your Workspace, your Affiliates' sign-in and the tracking links they distribute are served under your brand rather than ours.
- DPA
- The Data Processing Agreement between us, governing personal data we process on your behalf.
- Fees
- All amounts payable under the Agreement — the recurring subscription plus any one-off or usage-based amounts set out in the Order.
- Integration
- A connection between your Workspace and an external system — an advertiser, a CPA network, a CRM or your own endpoint — configured by you inside the Platform.
- Order
- The plan selection, quote or order form under which you subscribe, whether accepted online or signed. It records the Plan, the Fees, the Billing Period, the Term and any special conditions.
- Plan
- The subscription tier you have selected, together with the limits and entitlements published for it.
- Platform / Trafficore
- The software-as-a-service affiliate tracking system published at trafficore.io, including its Website, panel, APIs and redirectors.
- Postback
- A server-to-server callback that reports a conversion, either to the Platform or from the Platform to a destination you configure.
- Provider / we / us
- Trafficore, as described in clause 1 — the party that grants you access to the Platform.
- Term
- The period for which the Agreement is concluded, as stated in the Order, together with any renewal.
- User Account
- An individual login inside a Workspace, whether the owner account or one you create for a colleague, contractor or Affiliate.
- Website
- trafficore.io and its subdomains, excluding Workspaces.
- Workspace
- Your isolated instance of the Platform, served on the Customer Domains you provide and backed by its own separate database.
- Workspace Data
- Everything you put into, or generate inside, a Workspace — offers, Affiliate accounts, Click Data, Conversion Data, payouts, integration settings and credentials.
03 The Agreement
What we provide. We undertake to give you access to the Platform on the Plan you have selected, for the Term, in exchange for the Fees. We may also provide onboarding, migration or other services where the Order says so.
How the Agreement is concluded. The Agreement comes into existence when you accept an Order that refers to these Terms — by signing it, by confirming it electronically, or by completing sign-up and confirming that you accept these Terms.
What the Order records. Among other things: your contact and billing details, the Plan and its limits, the Fees and payment schedule, the Billing Period, the start date, the Term, any onboarding or migration work, and any special conditions we have agreed.
These Terms are part of the Agreement. Without accepting them — or another written agreement with us that replaces them — you may not use the Platform.
When service starts. On the date stated in the Order, provided any preconditions have been met, including payment of any Fees due in advance.
Signing for a company. If you enter into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind it. In that case “Customer” means that entity.
Evidence of authority. On request you will provide reasonable evidence of that authority — for example a corporate resolution or power of attorney, or a register extract no older than three months showing the entity's existence and the signatory's authority.
Trials and demos. Where we give you a free trial or a demo Workspace, it is provided as-is, without any availability commitment or support obligation, and we may change or end it at any time. Anything you put into a trial Workspace may be deleted when the trial ends unless you convert to a paid Plan.
04 Accounts and access
Owner account. Each Workspace has an owner account with full access to its settings. It is created during onboarding, by us or by you. You must give complete and accurate information and keep it up to date.
Additional users. You may create further User Accounts and assign them roles. You may give access only to your own employees, contractors, partners and Affiliates, and only so they can use the Platform on your behalf or in the course of your affiliate programme. You may not grant access to a third party in exchange for payment, and you may not grant it for free to anyone using it for their own separate business. Your obligations under this Agreement apply to every User Account in your Workspace.
Security of credentials. You are responsible for keeping passwords, two-factor secrets and API tokens confidential, and you are liable for everything done under your Workspace's accounts. Tell us promptly at [email protected] if you discover unauthorised access or any other security breach. We are not liable for loss caused by your failure to do so, or for delay in deactivating an account after you report a breach.
Accuracy. Registration and billing information you give us must be truthful, accurate, current and complete. If it is not, we may suspend or delete accounts, terminate the Agreement and refuse future access.
Suspicion of unauthorised sharing. If we reasonably suspect access has been shared in breach of clause 4.2, we may suspend the accounts concerned and ask you to explain before restoring them. We are not liable for a suspension made on that basis, particularly where you do not respond.
API tokens. Treat them as credentials. Do not embed them in client-side code or shared documents, and revoke them when a holder no longer needs access.
05 Workspace, domains and white-labelling
Your Workspace. We provide one Workspace per Agreement unless the Order says otherwise, each backed by its own database so that your operational data is isolated from other customers'.
Your domains. We supply the software; you supply the domains it runs on. Your Workspace, the sign-in your Affiliates use and the tracking links they distribute are all served on Customer Domains that you own and control. You point them at us in DNS; we serve your Workspace from them and provision and renew the TLS certificates needed to do so.
We do not deal in domains. We do not register, buy, sell, broker, renew or hold them on your behalf, and we never become the registrant of a Customer Domain. Registration, renewal, registrar account security, DNS records, WHOIS accuracy and any transfer are yours to manage. Where we make a technical hostname available to help you set up or diagnose a Workspace, it exists for that purpose — not for production traffic and not for your Affiliates.
Domain risk therefore sits with you. A Customer Domain may be blocklisted by a browser, mail provider, ad network or security vendor; suspended by its registrar; seized by a registry or an authority; or simply allowed to expire. None of that is a defect in the Platform or a failure of our obligations, none of it entitles you to a refund, and we are not liable for what follows. Your Workspace Data is unaffected — point a replacement domain at us and carry on. If a Customer Domain you route to us draws abuse reports or blocklisting that threatens our infrastructure or other customers, we may require you to stop routing it to us, and may refuse to serve it until you do.
White-labelling. Because the Platform runs on your domains under your branding — your logo, your colours, your name — the people who use it, your Affiliates included, deal with you and need never see a reference to us. That is the intended arrangement, and two things follow from it.
First, if you upload trade marks or other intellectual property, you warrant that you own them or have permission to use them, and you will indemnify us against any claim arising from our display of them as you configured.
Second, you are the only party your Affiliates have a relationship with. The terms, the privacy notice and the support you publish to them are yours to write and yours to honour, and you must not present the Platform in a way that suggests we are a party to your arrangements with them, that we vouch for your offers, or that they may look to us if something goes wrong.
Integrations and postbacks. When you connect an Integration, add a webhook or set a postback URL, the Platform sends the fields you map to the endpoint you specify. Those transfers happen on your instruction. Choosing the destination, mapping the fields, holding a lawful basis for sending personal data there, and safeguarding any third-party credentials you store in the Platform are all your responsibility. We do not add recipients of our own.
Onboarding and migration. Where the Order includes setup, configuration or migration from another system, we will perform it to the agreed scope and schedule. That work depends on your cooperation: timely access to the systems and data involved, the necessary authorisations, and — where a third-party provider of yours has to participate — arranging that participation at your own cost. Without it we are not obliged to deliver the work, and the schedule is extended accordingly.
Acceptance. When onboarding or migration work is complete we will tell you, and you have 10 business days to test it and report, in writing and in enough detail for us to reproduce, any defect or unfinished item. If you report nothing within that period, the work is deemed accepted. Where you do report defects, we will agree with you how and by when they will be remedied. During testing the Workspace may be used for test traffic only.
Fair use and Plan limits. Plans carry limits — on click and conversion volume, on User Accounts, on Workspaces and on API request rates. If you approach or exceed them we will contact you and offer an upgrade before restricting anything, except where the excess load threatens the stability of the Platform for other customers, in which case we may throttle immediately and tell you straight away.
06 Fees and payment
What you pay. A recurring subscription Fee for your Plan, plus any one-off amounts — onboarding, migration, bespoke work — set out in the Order.
In advance. Subscription Fees are payable in advance of the Billing Period they cover. Where service starts mid-period, the first Fee is prorated.
Changing Plan. An upgrade takes effect immediately and we invoice the prorated difference for the rest of the Billing Period. A downgrade takes effect from the start of the next Billing Period; we do not refund the difference for the current one.
Usage-based amounts. Where your Plan depends on volume, we measure it over the Billing Period and invoice any excess with the following invoice. If you have prepaid and actual usage exceeds the prepaid amount, you owe the difference.
Price changes. We may change our prices with at least 30 days' written notice before the end of the current Term. The new price applies from the next Term. If you do not accept it, you may decline renewal under clause 15.3 and the Agreement ends at the end of the current Term at the old price.
How to pay. By card, bank transfer, or any other method we offer at the time. We may change the available payment methods and payment providers. We issue an invoice for each payment received. Both parties agree to electronic invoicing.
Taxes. Fees are exclusive of VAT, sales tax and any similar charge, which you pay in addition where applicable. If law requires you to withhold tax from a payment, you will gross up so that we receive the full invoiced amount.
Currency and bank charges. Amounts are stated in USD unless the Order says otherwise. Bank charges are settled on a shared basis — each party bears its own bank's charges.
No refunds. Fees are non-refundable except where these Terms expressly say otherwise — see clauses 13.1, 15.4 and 15.5.
Late payment. If you are in default on any payment we may, after giving you notice and a reasonable opportunity to pay, suspend the Services. While suspended, our deadlines and any availability commitment are suspended too, and we are not in breach for failing to meet them. Suspension does not relieve you of Fees accrued.
07 Availability and support
Availability. We will make all reasonable efforts to keep the Platform available. Where your Order includes a service level commitment, that commitment governs; otherwise the Platform is provided on a reasonable-efforts basis.
Support. Standard support is provided by email and in-app chat on business days. Extended hours and guaranteed response times can be agreed in the Order.
Scheduled maintenance. We perform routine maintenance in a recurring maintenance window, announced in the Platform at least 24 hours in advance. The Platform may be partly unavailable during it. Scheduled maintenance does not count as downtime.
Emergency maintenance. Where a security or stability problem needs immediate work, we may act without prior notice and will tell you as soon as we reasonably can.
Exclusions. We do not guarantee availability, and are not in default or liable for loss, where the problem arises from:
- Incompatibility — equipment, software or services that we do not support or that these Terms prohibit;
- Misuse — using the Platform in a way these Terms do not permit;
- Third-party causes — your systems, your connectivity, malware on your side, targeted attacks, industrial action, or force majeure as described in clause 16.5;
- Domain problems — a Customer Domain that has expired, is misconfigured in DNS, or has been blocklisted, suspended or seized (clause 5.2);
- Upstream outages — failure of a third-party provider necessary to run the Platform, such as a hosting, DNS or payment provider, through no fault of ours;
- Your breach — including suspension for non-payment or prohibited use.
08 Intellectual property
Software as a service. The Platform is provided as a service. You do not buy or own the software. Access is on our infrastructure, through accounts secured by credentials you control.
We own the Platform. All rights, title and interest in the Platform — including source code, design, trade marks, trade secrets and every other intellectual property right in it — remain ours.
Your licence. We grant you a revocable, non-exclusive, non-transferable, non-assignable licence, unlimited as to territory and limited to the Term, to use the Platform for its intended purpose and only as these Terms permit. It confers no rights not stated here. You may not sub-license it, and you may not redistribute, reproduce or publicly communicate the Platform, its code, its content or its databases.
Your data stays yours. We claim no ownership of Workspace Data. You grant us only the licence we need to host, process, transmit, back up and display it in order to provide and support the Platform, and to produce aggregated, de-identified statistics that do not identify you, your Affiliates or your counterparties.
Feedback. Suggestions, ideas and feedback you send us about the Platform are non-confidential, and you assign to us all intellectual property rights in them on a worldwide, perpetual, irrevocable, royalty-free basis. Where such an assignment is not effective under applicable law, you grant us an equivalent exclusive licence instead. You warrant that any feedback is yours to give. We may use it without attribution or compensation, and you are not obliged to give us any.
Business reference. We may name you as a customer and use your name and logo on our website and in marketing materials, on a royalty-free basis, for as long as the Agreement lasts. Tell us at [email protected] if you would rather we did not, and we will stop and remove existing references within a reasonable time.
09 Acceptable use
Purpose. Use the Platform for running and tracking affiliate marketing, and for nothing else.
Prohibited purposes. You may not use the Platform for:
- activity that is illegal, fraudulent, discriminatory, deceptive or abusive;
- activity for which you lack a required licence, concession or other authorisation;
- activity that infringes third-party intellectual property or impersonates anyone;
- breaching applicable law or public order; or
- helping or inciting anyone else to do any of the above.
Prohibited technical conduct. You may not:
- hinder, interrupt, slow or attempt to disrupt the Platform;
- intrude or attempt to intrude into our systems;
- impose a disproportionate load on our infrastructure;
- circumvent or attempt to circumvent security or authentication measures;
- reverse engineer, decompile, decrypt or otherwise attempt to obtain the source code;
- use automated scripts to scrape or interact with the Platform outside the API; or
- upload unlawful content.
No resale, no cloning. You may not monetise, sell or pass on access to the Platform or its documentation, use it to provide a service to third parties as your own product, or use it to build a competing service.
Traffic integrity. The Platform records what happened. You may not use it to fabricate, duplicate or misattribute clicks or conversions, to misreport results to an advertiser, or to withhold from an Affiliate a conversion that the data shows they earned. What you agree with your partners is between you and them — but using our records to misrepresent it is a breach of these Terms.
Our right to act. Where you engage in conduct we reasonably consider prohibited, or where you breach applicable law or become subject to sanctions or other business restrictions, we may refuse service, decline to renew, or terminate the Agreement with immediate effect. In that case you are not entitled to any refund, and you remain liable for loss we suffer as a result.
We do not monitor. We provide tracking and analytics tools; we do not police what you do with them and are under no obligation to look. We investigate when a violation is reported or otherwise comes to our attention, and reserve the right to verify it and act on it.
10 Your responsibilities and compliance
Licences in regulated verticals. Affiliate marketing frequently touches regulated industries — gambling and betting, financial services and trading, health and nutritional claims, dating, and crypto-assets among them. You warrant that you hold every licence, registration and authorisation your activity requires in each jurisdiction you operate in and target, that you will produce documentation of it on request, and that you will tell us promptly of any material change in your compliance or licensing status.
Advertising and consumer protection. You are responsible for the lawfulness of the advertising run through your Workspace — yours and your Affiliates' — including truthfulness, disclosure of commercial intent, restrictions on targeting, and electronic marketing consent rules. You will monitor your Affiliates and third-party traffic sources for compliance and act when they fall short.
Financial crime. Where relevant to your business, you will comply with applicable know-your-customer, anti-money-laundering and counter-terrorist-financing requirements in the jurisdictions where you operate.
Sanctions. You represent that neither you nor anyone controlling you is subject to applicable sanctions, and that you will not use the Platform to conduct business with a sanctioned person or in a sanctioned territory.
Where the line falls. Because this is the clause disputes are most often about, here is the split in plain terms:
| We are responsible for | You are responsible for |
|---|---|
| Operating, securing and maintaining the Platform and the infrastructure it runs on. | Everything you do with it — the offers you run, the advertisers you take, the Affiliates you accept and what you pay them. |
| Serving your Workspace from the Customer Domains you point at us, and provisioning the TLS certificates for them. | Registering, renewing and controlling those domains, their DNS records, and their reputation. |
| Keeping each Workspace's data isolated in its own database and backed up. | The accuracy of what you load into your Workspace, and having the right to load it. |
| Recording clicks and conversions as configured, and delivering the postbacks you set up. | Choosing the destinations, mapping the fields, and holding a lawful basis for sending personal data to them. |
| Processing personal data on your instruction, under the DPA and our Privacy Policy. | The notices, consents and lawful bases covering the people whose data enters your Workspace. |
| Telling you about material changes to the Platform, security incidents and price changes. | Keeping your account, billing and compliance details current, and your credentials secure. |
| Providing support at the level your Plan and Order specify. | Holding the licences your vertical requires and monitoring your Affiliates' compliance. |
Indemnity. You will indemnify us against any third-party claim, and against the losses, liabilities and reasonable costs arising from it, to the extent it results from your use of the Platform, the offers or advertising run through your Workspace, the conduct of your Affiliates, the content or trade marks you upload, or your breach of these Terms. We will tell you promptly of any such claim, let you take conduct of the defence where you confirm the indemnity applies, and not settle without your consent, not to be unreasonably withheld.
11 Data protection
Both sides comply. Each party will comply with the data protection law that applies to it. This clause adds to, and does not replace, those obligations.
Where we are the controller. We process personal data about you and the individuals who administer your account in our own right — to run the account, bill you, support you and secure the Platform. How we do that is set out in our Privacy Policy.
Where we are the processor. Personal data inside your Workspace — leads, conversions, Affiliate records — is processed on your behalf. For that data you are the controller and we are the processor, and the DPA governs it.
Your obligations as controller. You are responsible for having a lawful basis for the personal data that enters your Workspace, for the privacy notices shown to the people it concerns, for answering their requests, and for the destinations you forward it to under clause 5.4. You must not load special categories of personal data into the Platform.
Sub-processors and transfers. The sub-processors we engage, and the safeguards we apply to international transfers, are described in the Privacy Policy and the DPA. We tell customers before adding a new sub-processor.
Security. The technical and organisational measures we apply are set out in the Privacy Policy. They stop at the edge of your account: securing your credentials, your users and the third-party endpoints you connect is on you.
12 Changes
Changes to the Platform. We may change, add to or remove features, and may suspend or discontinue parts of the Platform, to improve it, to keep it stable, or to meet a security or legal requirement. We will give notice where the change is material, and we will maintain the core functionality you contracted for. Subject to that, we are not liable to you or anyone else for such a change.
Updates are covered. These Terms continue to apply to every update, upgrade and modification of the Platform, alongside any additional terms presented at the time.
Changes to these Terms. We may amend these Terms to a reasonable extent. We will notify you by email and/or a notice in the Platform before the change takes effect. If you do not accept it, you may reject it in writing, including by email, and the Agreement ends on the last day before the new version takes effect — with a refund of Fees covering the unused part of the paid period. If you keep using the Platform after the new version takes effect, you have accepted it.
13 Warranties and liability
Our sole obligation. If we fail to provide the Services substantially in accordance with the Agreement, our entire liability and your sole remedy is, at our election, either to repair the Platform or to terminate the Agreement and refund the Fees covering the unused part of the paid period.
As is. To the fullest extent the law allows, we disclaim all other conditions, guarantees, representations and warranties, express or implied — including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement. The Platform and any related documentation are provided “as is”.
No warranty of perfection. We do not warrant that use of the Platform will be uninterrupted or error-free, or that every defect will be corrected. Beyond what the Agreement states, we have no obligation to support, update or correct the Platform.
Excluded loss. To the maximum extent the law allows, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of anticipated savings, loss of business or goodwill, or loss or corruption of data, however arising and whether or not foreseeable or notified.
In particular. Without limiting the above, we assume no responsibility for:
- whether the Platform is lawful to use in a jurisdiction you choose to use it from;
- the expiry, misconfiguration, blocklisting, suspension or seizure of a Customer Domain;
- errors or inaccuracies in data recorded, imported or reported by third parties;
- the quality or availability of anything we provide free of charge, including trials;
- your commercial results;
- the acts of your users, Affiliates, advertisers or traffic sources, or damage they cause;
- services provided by third parties you connect, and the consequences of connecting them;
- interruption of data transmission to or from the Platform;
- malware introduced by a third party;
- payments, transactions and transfers you make, which are the responsibility of your payment providers; or
- your inability to use the Platform for want of suitable hardware, software or connectivity.
What we never exclude. Nothing in these Terms limits liability for gross negligence, bad faith, wilful misconduct or fraud, for death or personal injury caused by negligence, or for anything else that cannot be limited under applicable law.
Cap. Subject to clause 13.6, our total aggregate liability arising out of or in connection with the Agreement will not exceed the Fees paid by you in the twelve months immediately preceding the event giving rise to the claim.
Time limit. Any claim under the Agreement must be brought within twelve months of the party becoming aware of the circumstances giving rise to it, unless applicable law requires a longer period.
14 Confidentiality
The obligation. Each party will keep confidential the facts and information it obtains about the other in connection with the Agreement, and will not disclose them to third parties without the other's prior written consent.
What is confidential. All information provided under the Agreement, and any document, summary, deliverable or report prepared using it — except as clauses 8.5 and 8.6 provide.
In particular. The contents of a Workspace, and the Platform's source code, are Confidential Information.
Exceptions. Information that is or becomes public without breach of the Agreement, that the receiving party already lawfully held, that it independently develops, or that the disclosing party agrees in writing may be released.
Duties. Each party will use Confidential Information only for performing the Agreement, will not use it for itself or a third party, will disclose it only to those who need it to perform the Agreement and are bound by equivalent obligations, and will tell the other party immediately if it learns that Confidential Information has been or may have been disclosed or misused.
Compelled disclosure. Disclosure required by a court or public authority is not a breach, provided the disclosing party — where the law permits — notifies the other in writing first so it can object, and discloses only the part legally required.
Remedies and survival. Damages may not be an adequate remedy for breach of this clause, and either party may seek injunctive relief in addition to any other remedy. This clause survives termination for three years, and indefinitely for anything that qualifies as a trade secret.
15 Term and termination
Term and renewal. The Agreement runs for the Term stated in the Order and renews automatically for successive periods of the same length unless either party gives notice not to renew at least 30 days before the end of the current Term.
How it can end. By agreement; by a notice of non-renewal under clause 15.1; by termination for cause under clause 15.4; on rejection of amended Terms under clause 12.3; or on the liquidation of either party.
Leaving. You can stop at the end of any Term by giving notice under clause 15.1, in writing or by email. Fees for the current Term remain payable and are not refunded.
Termination for cause. Either party may terminate with immediate effect, by written notice stating the reason, if the other commits a material breach that it fails to remedy within 15 days of being asked to. We may terminate immediately and without that cure period for conduct falling under clause 9.6. Where we terminate for your breach, no refund is due. Where you terminate for our material breach — in particular if we make the Platform permanently unavailable — we refund the Fees covering the unused part of the paid period.
Rejecting amended Terms. Termination under clause 12.3 carries a refund of the Fees covering the unused part of the paid period.
What happens on termination. Access to the Platform and all User Accounts ends. Fees already accrued remain payable. Each party returns or destroys the other's Confidential Information, except where law requires it to be kept.
Getting your data out. For 90 days after termination we keep your Workspace Data available for export, and will help you export it on reasonable request. After that it is deleted or irreversibly anonymised, save for what we must retain by law. Export it before the 90 days run out — we do not undertake to restore it afterwards.
Survival. Clauses 8, 9.7, 10.6, 11, 13, 14, 15.6 to 15.8 and 16 survive termination, along with any other provision that by its nature is intended to.
16 Final provisions
Entire agreement. The Agreement is the whole agreement between us about the Platform and replaces any earlier understanding on the subject. Neither party relies on any statement not set out in it.
Order of precedence. If the documents conflict: the DPA prevails on data protection; the Order prevails on commercial terms; these Terms govern everything else.
Assignment. You may not assign or transfer the Agreement without our prior written consent. We may assign it to an affiliate or to a successor in connection with a merger, reorganisation or sale of the business, on notice to you. The Agreement binds each party's permitted successors.
Subcontracting. We may use subcontractors to perform our obligations and remain responsible for their performance.
Force majeure. Neither party is liable for failure or delay caused by an event beyond its reasonable control — natural disaster, war, civil unrest, epidemic, industrial action, failure of public telecommunications, or a state act. The affected party will tell the other promptly and do what it reasonably can to limit the effect. If the event continues for more than 30 days, either party may terminate.
Severability. If a provision is held invalid or unenforceable, it is modified to the least extent needed to make it enforceable, or struck if that is impossible, and the rest stands.
No waiver. Not enforcing a provision on one occasion does not waive it.
Notices. Notices under the Agreement are given in writing by email — to you at the address on your account, and to us at [email protected] — and are deemed received on the next business day after sending.
Governing law. The Agreement is governed by the law of the country in which the Provider is established, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. That country is stated in your Order, and we will confirm it on request at [email protected].
Disputes. The courts of that country have exclusive jurisdiction over any dispute about the validity, interpretation or performance of the Agreement. Both parties agree to try in good faith to resolve a dispute amicably first, and neither is prevented from seeking urgent injunctive relief in any competent court.
Language. These Terms are drawn up in English. If we publish a translation and the versions conflict, the English version governs.