Terms of service

1. The RefKit Service

RefKit provides technology that helps software companies operate affiliate and referral programs.

The Service may allow users to:

• Create and manage affiliate programs
• Discover apps and affiliate opportunities
• Apply to or join affiliate programs
• Generate and manage affiliate links
• Track clicks, referrals, customers, and conversions
• Calculate and manage commissions
• Communicate with other users
• Facilitate commission payouts
• Access reports, integrations, APIs, and related tools

RefKit may add, modify, suspend, or remove features at any time.

2. User Types

RefKit may be used by:

Apps

An “App” is a company, developer, or other business that creates or manages an affiliate program through RefKit.

Affiliates

An “Affiliate” is a person or organisation that joins or applies to an App’s affiliate program and promotes the App in exchange for potential commissions.

A user may act as both an App and an Affiliate.

3. RefKit Is a Platform, Not a Party to Affiliate Agreements

RefKit provides the technology that allows Apps and Affiliates to find each other and manage affiliate relationships. RefKit is not a party to the commercial agreement between an App and an Affiliate.

When an Affiliate joins an App’s program, the agreement concerning that program is directly between the App and the Affiliate.

This agreement may include:

• Commission rates
• Attribution rules
• Cookie or referral periods
• Eligible conversions
• Payment schedules
• Minimum payout amounts
• Refund and chargeback rules
• Promotional restrictions
• Termination rights
• Commission reversal rules
• Other program-specific requirements

These conditions are referred to as the “Program Terms.”

The App is responsible for creating, maintaining, and enforcing its Program Terms. The Affiliate is responsible for reviewing and complying with them.

RefKit may provide templates, suggested wording, technical tools, or standard settings. These are provided for convenience only. RefKit does not become a party to the Program Terms by providing, displaying, recording, or helping administer them.

RefKit does not:

• Employ or engage Affiliates on behalf of Apps
• Act as an agent for an App or Affiliate
• Guarantee that an App will pay an Affiliate
• Guarantee that an Affiliate will generate referrals or revenue
• Guarantee that an Affiliate will comply with the law or Program Terms
• Approve, endorse, or verify every App or Affiliate
• Decide the legal rights of an App or Affiliate
• Assume responsibility for products sold by Apps
• Assume responsibility for promotions created by Affiliates

Nothing in these Terms creates an employment, agency, partnership, joint venture, franchise, fiduciary, or representative relationship between RefKit and any user.

4. Program Terms

Apps may require Affiliates to accept Program Terms before participating in a program.

RefKit may record information concerning acceptance, including:

• The version accepted
• The acceptance date
• The accepting account
• Technical information associated with the acceptance

These records are provided as an administrative feature. RefKit does not guarantee that any Program Terms are legally valid, complete, enforceable, or suitable for a specific App or Affiliate.

Apps must ensure that their Program Terms:

• Clearly describe the commission structure
• Explain when commissions become approved or payable
• Describe relevant promotional restrictions
• Comply with applicable laws
• Do not conflict with these Terms
• Do not place obligations on RefKit without RefKit’s written agreement

If Program Terms conflict with these Terms, these Terms govern the use of RefKit. The conflicting Program Terms may still apply separately between the App and Affiliate.

5. App Responsibilities

Each App is solely responsible for:

• Its affiliate program
• Its Program Terms
• Selecting, approving, rejecting, and removing Affiliates
• Setting commission and attribution rules
• Reviewing and approving commissions
• Paying valid commissions
• Funding required payouts
• Handling refunds, cancellations, disputes, and chargebacks
• Ensuring that its products and services comply with applicable laws
• Ensuring that its marketing materials and product claims are accurate
• Providing Affiliates with appropriate promotional instructions
• Monitoring Affiliate activity where required
• Taking reasonable action against unlawful or misleading promotions
• Responding to Affiliate questions and disputes
• Complying with tax, payment, employment, advertising, and consumer-protection laws

Apps must not encourage, instruct, or permit Affiliates to engage in deceptive, unlawful, or abusive promotional practices.

Apps are responsible for claims made through materials, instructions, or information they provide to Affiliates.

An App may be legally responsible for certain actions or statements made by its Affiliates. Using RefKit does not remove or reduce the App’s responsibility to monitor its affiliate program or comply with applicable law.

6. Affiliate Responsibilities

Each Affiliate is solely responsible for its promotions and conduct.

Affiliates must:

• Follow the applicable Program Terms
• Make truthful and accurate statements
• Promote only products they are authorised to promote
• Clearly disclose their affiliate or financial relationship where required
• Follow advertising, endorsement, privacy, email, consumer-protection, and intellectual-property laws
• Obtain any required permissions or consents
• Use affiliate links and tracking tools only as intended
• Provide accurate payment, identity, tax, and account information
• Pay all taxes associated with commissions they receive
• Stop promoting an App when required by the App or RefKit

Affiliates must not:

• Make false, misleading, or unsubstantiated claims
• Impersonate an App, RefKit, or another person
• Suggest that RefKit endorses their content
• Send spam or unlawful commercial messages
• Use fake traffic, fake accounts, bots, or automated conversions
• Generate fraudulent or artificial referrals
• Engage in cookie stuffing or forced clicks
• Replace, intercept, or overwrite another Affiliate’s referral
• Refer themselves unless expressly permitted
• Use stolen payment information
• Mislead users about prices, discounts, features, or availability
• Publish fake reviews or testimonials
• Violate trademark or brand-bidding restrictions
• Use an App’s trademarks without permission
• Promote illegal products or services
• Distribute malware, spyware, adware, or harmful code
• Violate the rights of another person
• Engage in harassment, discrimination, threats, or unlawful conduct

An Affiliate is responsible for its employees, contractors, agents, websites, advertising accounts, and promotional channels.

7. Commissions

Commission eligibility is governed by the applicable Program Terms between the App and Affiliate.

Unless RefKit expressly agrees otherwise in writing:

• Commissions are owed by the App, not RefKit
• RefKit does not independently promise or guarantee any commission
• An amount shown as pending, approved, payable, or estimated is not a payment obligation of RefKit
• The App is responsible for making final commission decisions according to its Program Terms
• RefKit records do not replace the App’s financial and transaction records
• The App must fund all commission payments and related fees

Commissions may be rejected, reversed, withheld, or adjusted where permitted by the Program Terms, including where:

• A customer receives a refund
• A payment is disputed or charged back
• A transaction is cancelled
• A referral is fraudulent
• A conversion was recorded incorrectly
• An Affiliate violated the Program Terms
• A payment is prohibited by law
• Required identity, tax, or payment information is missing
• The App and Affiliate otherwise agree

Apps must apply their Program Terms in good faith and comply with applicable law.

8. Payment Facilitation

RefKit may provide tools that allow Apps to send commission payments to Affiliates.

When RefKit facilitates a payout:

• The underlying commission remains an obligation of the App
• RefKit acts only as a technology or payment facilitator
• RefKit is not the employer or customer of the Affiliate
• RefKit is not purchasing services from the Affiliate
• RefKit does not guarantee that the App has sufficient funds
• RefKit does not assume the App’s payment obligations
• RefKit is not an escrow provider, bank, or trustee unless expressly stated otherwise

Payments may be processed by third-party payment providers. Their terms, verification requirements, fees, restrictions, and processing times may apply.

RefKit is not responsible for payment delays or failures caused by:

• The App’s failure to fund a payout
• Incorrect payment information
• Identity or compliance checks
• Payment-provider restrictions
• Banking delays
• Currency conversion
• Sanctions or legal restrictions
• Account suspensions
• Technical failures outside RefKit’s reasonable control

RefKit may delay, block, reverse, or cancel a payout where reasonably necessary to investigate fraud, comply with law, correct an error, respond to a dispute, or protect users and the Service.

A payment processed through RefKit does not mean that RefKit approved the related promotion, referral, transaction, or Program Terms.

9. Disputes Between Apps and Affiliates

Apps and Affiliates are responsible for resolving disputes between themselves.

These disputes may include:

• Whether a referral should be attributed to an Affiliate
• Whether a conversion is valid
• Whether a commission is payable
• Whether an Affiliate violated Program Terms
• Whether an App improperly rejected or reversed a commission
• Whether promotional activity was authorised
• Whether an App funded or completed a payout

RefKit may provide records or communication tools to help users resolve a dispute. RefKit is not required to investigate, mediate, arbitrate, or decide a dispute.

RefKit may make technical or administrative decisions concerning the Service, including correcting tracking errors or restricting an account. Such decisions do not determine the legal rights of an App or Affiliate.

RefKit is not responsible if an App fails or refuses to pay an Affiliate. RefKit is also not responsible for unlawful, misleading, fraudulent, or unauthorised conduct by an Affiliate.

Users release RefKit from claims arising from disputes between users, to the maximum extent permitted by law.

10. Tracking and Attribution

Referral tracking depends on technical systems, integrations, cookies, APIs, browsers, devices, payment providers, and information supplied by users.

Tracking may be affected by:

• Browser privacy settings
• Cookie blocking
• Ad blockers
• Device changes
• Network interruptions
• Incorrect integrations
• Missing or inaccurate data
• Third-party service failures
• Changes made by Apps or Affiliates
• Software errors
• Fraud-prevention systems

RefKit does not guarantee that every click, referral, customer, transaction, or conversion will be recorded or attributed correctly.

Apps are responsible for:

• Correctly integrating RefKit
• Sending accurate and complete conversion information
• Testing their implementation
• Reviewing tracking results
• Correcting information they provide
• Maintaining their own transaction and payment records

RefKit may correct, recalculate, remove, or restore tracking records where it reasonably believes that records are incorrect, duplicated, fraudulent, or affected by a technical problem.

11. Accounts

You must provide accurate and complete account information.

You are responsible for:

• Protecting your login credentials
• Activity performed through your account
• Maintaining accurate contact information
• Ensuring that authorised team members use the Service appropriately
• Promptly notifying RefKit of unauthorised access

You may not:

• Create an account using false information
• Create accounts to avoid restrictions or enforcement
• Sell or transfer an account without permission
• Access another user’s account without authorisation
• Use the Service if you are legally prohibited from doing so

You must be at least 18 years old and legally able to enter into a binding contract.

12. Verification and Compliance

RefKit may request information to verify:

• Identity
• Business ownership
• Payment details
• Tax information
• Authority to act for an organisation
• Compliance with these Terms
• The legitimacy of referrals or transactions

RefKit may restrict features or payouts until requested information is provided and verified.

You must not use RefKit in violation of:

• Applicable laws or regulations
• Trade sanctions or export restrictions
• Anti-money-laundering rules
• Payment-network rules
• Third-party rights
• These Terms

RefKit may report suspected unlawful conduct to relevant authorities or service providers where permitted or required by law.

13. Prohibited Uses

You may not use RefKit to:

• Commit or facilitate fraud
• Launder money
• Evade sanctions or payment restrictions
• Distribute malware
• Obtain unauthorised access to systems or data
• Interfere with the Service
• Scrape or copy the Service without permission
• Reverse engineer protected parts of the Service
• Circumvent usage, account, or payment limits
• Send unlawful communications
• Violate privacy or data-protection laws
• Infringe intellectual-property rights
• Operate a misleading or deceptive program
• Promote unlawful products or conduct
• Harm RefKit, its users, or third parties

RefKit may investigate suspected violations but does not undertake a general duty to monitor every user, App, Affiliate, promotion, or transaction.

14. User Content

“User Content” means information, text, images, logos, program descriptions, links, promotional materials, and other content submitted to RefKit by a user.

You retain ownership of your User Content.

You grant RefKit a worldwide, non-exclusive, royalty-free licence to host, copy, process, display, modify, and distribute your User Content as reasonably necessary to:

• Operate the Service
• Display your App or Affiliate profile
• Manage affiliate programs
• Provide tracking and reporting
• Promote RefKit and publicly listed programs
• Prevent fraud
• Provide support
• Comply with law

You confirm that:

• You have the right to submit the User Content
• The User Content is accurate
• The User Content does not violate another person’s rights
• RefKit’s permitted use will not violate any law or agreement

RefKit may remove User Content that violates these Terms or creates risk for RefKit or its users.

15. RefKit Intellectual Property

RefKit and its licensors own the Service, including its software, branding, design, documentation, and technology.

Subject to these Terms, RefKit grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for its intended business purpose.

These Terms do not transfer ownership of RefKit intellectual property to you.

You may provide feedback or suggestions. RefKit may use that feedback without restriction or compensation.

16. Privacy and Data

Our collection and use of personal information are described in our Privacy Policy.

Apps must have all rights, notices, consents, and lawful bases required to send personal information to RefKit.

Apps must not send RefKit sensitive personal information unless RefKit has expressly agreed to process it.

Where RefKit processes personal information on behalf of an App, additional data-processing terms may apply.

Each user is independently responsible for complying with privacy and data-protection laws applicable to its own activities.

17. Fees

RefKit may charge subscription, transaction, payout, usage, or other fees.

Applicable fees will be shown through the Service or agreed separately.

Unless otherwise stated:

• Fees are charged in advance or when the relevant transaction occurs
• Fees are non-refundable except where required by law
• You are responsible for applicable taxes
• RefKit may change fees after giving reasonable notice
• RefKit may suspend access where fees remain unpaid

Third-party payment or banking fees may be charged separately.

18. Third-Party Services

RefKit may integrate with third-party services such as payment providers, analytics providers, hosting services, and authentication providers.

Your use of third-party services may be governed by separate terms.

RefKit is not responsible for:

• Third-party services
• Their availability or security
• Their fees
• Their decisions to suspend or restrict an account
• Information they provide
• Loss caused by their acts or omissions

19. Beta Services

Some RefKit features may be marked as beta, preview, experimental, early access, or similar.

Beta features may:

• Be incomplete
• Contain errors
• Change without notice
• Be unavailable temporarily
• Produce inaccurate results
• Be discontinued

You use beta features at your own risk.

20. Suspension and Termination

You may stop using RefKit at any time.

RefKit may suspend, restrict, or terminate access where:

• You violate these Terms
• You create legal, security, payment, or reputational risk
• Fraud or unlawful activity is suspected
• Required fees remain unpaid
• A payment provider requires it
• RefKit is required to do so by law
• Your activity may harm another user or the Service
• RefKit discontinues the Service

Where reasonable, RefKit may provide notice and an opportunity to correct the issue. RefKit is not required to provide advance notice in urgent, fraudulent, unlawful, or security-related situations.

Termination does not remove obligations or liabilities that arose before termination.

Apps remain responsible for commissions and payments owed under their Program Terms, even after an App or Affiliate stops using RefKit.

Sections that by their nature should survive termination will continue to apply, including sections concerning payments, disputes, intellectual property, disclaimers, liability, and indemnification.

21. Disclaimer of Warranties

To the maximum extent permitted by law, the Service is provided “as is” and “as available.”

RefKit does not guarantee:

• Continuous or error-free operation
• Accurate or complete tracking
• Any number of Apps, Affiliates, referrals, or conversions
• Any revenue, commissions, or business results
• That an App will pay commissions
• That an Affiliate will follow Program Terms
• That users are legitimate, suitable, or trustworthy
• That promotions comply with applicable law
• That products offered by Apps are safe, lawful, or satisfactory
• That disputes between users will be resolved

You are responsible for evaluating users, programs, products, Program Terms, and business opportunities before entering into any relationship.

22. Limitation of Liability

To the maximum extent permitted by law, RefKit and its officers, directors, employees, contractors, affiliates, and service providers will not be liable for:

• Lost profits, revenue, commissions, customers, or business opportunities
• Loss of data
• Reputational harm
• Indirect, incidental, special, punitive, or consequential damages
• An App’s failure to pay commissions
• An Affiliate’s conduct or promotional activity
• False, misleading, illegal, or infringing user content
• Disputes between Apps and Affiliates
• Tracking or attribution errors
• Payment-provider failures
• Account suspension or termination
• Third-party products or services

To the maximum extent permitted by law, RefKit’s total liability arising from or relating to the Service will not exceed the greater of:

1. The amount you paid directly to RefKit during the three months before the event giving rise to the claim; or
2. One hundred US dollars.

Some jurisdictions do not allow certain liability limitations. In those jurisdictions, the limitations apply only to the extent legally permitted.

23. Indemnification

You agree to defend, indemnify, and hold harmless RefKit and its officers, directors, employees, contractors, affiliates, and service providers from claims, damages, liabilities, losses, penalties, costs, and reasonable legal fees arising from or relating to:

• Your use of the Service
• Your Program Terms
• Your products or services
• Your promotions or endorsements
• Commissions or payments you owe
• Your User Content
• Your violation of these Terms
• Your violation of law
• Your violation of another person’s rights
• A dispute between you and another user
• Fraud, misleading conduct, or unlawful activity by you or someone acting on your behalf

An App’s indemnification obligations include claims arising from its affiliate program and claims made by its Affiliates or customers.

An Affiliate’s indemnification obligations include claims arising from its marketing, content, statements, advertising, and promotional methods.

24. Changes to These Terms

RefKit may update these Terms.

We will publish the updated version and change the effective date. Where appropriate, we may provide additional notice of material changes.

Continued use of the Service after updated Terms take effect constitutes acceptance of the updated Terms.

25. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.

Any dispute between you and RefKit must be brought in the state or federal courts located in Delaware, unless applicable law requires otherwise.

This section applies only to disputes involving RefKit. Disputes between Apps and Affiliates may be governed by their Program Terms.

26. General Terms

You may not assign these Terms without RefKit’s written permission. RefKit may assign these Terms as part of a merger, acquisition, restructuring, financing, or sale of its business.

If any provision is found unenforceable, the remaining provisions will continue in effect.

RefKit’s failure to enforce a provision is not a waiver of its right to enforce it later.

These Terms, together with the Privacy Policy and any additional terms expressly agreed with RefKit, form the entire agreement between you and RefKit concerning the Service.

Headings are provided for convenience and do not affect interpretation.

27. Contact

Questions about these Terms may be sent to:

Avit Tech, LLC
Email: support@refkit.net
Website: https://refkit.net