Terms of Service

ClickPact ("we", "us", "our") operates the ClickPact affiliate management platform available at clickpact.polsia.app and any associated Shopify application (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

1. Description of the Service

ClickPact is an affiliate marketing management platform that connects brands (businesses that sell products or services) with affiliate creators (individuals or entities that promote those products in exchange for commission payments). The platform provides tools to create campaigns, generate affiliate links, track sales and commissions, and process payouts.

ClickPact is available both as a web application and as a Shopify application. Shopify merchants can install the ClickPact app from the Shopify App Store to manage affiliate programs directly within their Shopify admin.

2. Account Eligibility and Registration

To use ClickPact, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable law
• Provide accurate, current, and complete information during registration
• Keep your account credentials confidential and secure

You are responsible for all activity that occurs under your account. Notify us immediately at clickpact@polsia.app if you suspect unauthorised access.

3. User Obligations

3.1 Brands

As a brand using ClickPact, you agree to:

• Only create campaigns for products or services you are authorised to sell and promote
• Accurately describe commission rates, payout schedules, and any restrictions in your campaign listings
• Honour commission payments to affiliates as tracked by ClickPact, on the agreed schedule
• Not use ClickPact to facilitate any fraudulent, misleading, or deceptive affiliate activity
• Comply with all applicable advertising and marketing laws, including FTC disclosure requirements in the United States
• Ensure your campaigns do not promote prohibited content (weapons, illegal goods, deceptive products)
• Process payout requests within the timeframes set in your campaign terms

3.2 Affiliates

As an affiliate using ClickPact, you agree to:

• Only promote products and campaigns you are authorised to promote via your unique affiliate links
• Comply with FTC guidelines on affiliate disclosures (e.g., "This is a sponsored post" or "I may earn a commission")
• Not use spam, misleading, or manipulative tactics to drive sales through your affiliate links
• Not bid on branded keywords in paid search without written consent from the brand
• Not alter or mask your affiliate links to circumvent ClickPact tracking
• Not create multiple accounts to manipulate commission eligibility
• Promptly disclose your use of affiliate links in any content where required by applicable law

4. Commission Handling and Payouts

ClickPact tracks affiliate sales and calculates commissions based on the rules you set for each campaign (e.g., percentage of sale, flat fee per conversion, tiered rates).

Commission payments are processed through ClickPact's payout system. Brands fund their ClickPact account to cover affiliate commissions. Affiliates receive payouts according to the payout schedule configured for their account (default: 7 days after confirmed sale, subject to the brand's campaign terms).

ClickPact acts as the processing intermediary and does not guarantee that commissions will always be paid if the brand's account has insufficient funds or the brand disputes the conversion. Brands are responsible for funding their account and honouring valid affiliate claims.

Affiliates are responsible for any taxes on commission income. ClickPact does not withhold taxes from affiliate payouts.

If you believe a commission has been incorrectly withheld or calculated, contact us at clickpact@polsia.app. We will investigate and, where appropriate, correct errors.

5. Shopify Integration Terms

ClickPact integrates with Shopify via the Shopify App Store. When you install the ClickPact app, you authorise us to:

• Access your Shopify store data using OAuth tokens scoped to the permissions you grant at installation
• Read order data to calculate and attribute affiliate commissions
• Create and manage affiliate link redirects within your Shopify store
• Process Shopify GDPR webhooks (customers/data_request, customers/redact, shop/redact) as described in our Privacy Policy
• Uninstall the app at any time via your Shopify admin; upon uninstall, all Shopify access tokens are revoked and, within 30 days, we delete data associated with your shop as described in our Privacy Policy

Shopify's platform terms and acceptable use policies apply to your use of the Shopify platform in conjunction with ClickPact. ClickPact is not a Shopify-affiliated entity.

6. Intellectual Property

ClickPact IP. ClickPact and its licensors retain all rights, title, and interest in the platform, including its design, code, branding, and documentation. Nothing in these Terms transfers ownership of ClickPact's intellectual property to you.

Brand content. Brands retain all rights to their product descriptions, branding, and marketing materials. You grant ClickPact a limited, non-exclusive licence to display your content within the platform for the purpose of operating your affiliate campaigns.

Affiliate content. Affiliates retain rights to content they create using their affiliate links, subject to the brand's campaign terms and applicable law. You grant ClickPact a limited licence to use aggregate performance data for platform analytics and improvement.

7. Limitation of Liability

To the maximum extent permitted by applicable law, ClickPact and its affiliates, officers, employees, and agents shall not be liable for:

• Indirect, incidental, consequential, special, or punitive damages arising out of your use of the Service
• Loss of revenue, profits, data, or business opportunities
• Any act or omission of another user, brand, or affiliate on the platform
• Errors in commission tracking due to technical issues, Shopify API limitations, or ad-blocker interference with affiliate link redirects
• Failure to perform due to events outside our reasonable control (force majeure)

Our total liability for any claim arising under these Terms shall not exceed the greater of (a) USD 100 or (b) the total fees paid by you to ClickPact in the 12 months preceding the event giving rise to the claim.

This section does not limit liability that cannot be excluded or limited under applicable law (including consumer protection laws).

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, 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 platform will be uninterrupted, error-free, or completely secure.

9. Termination

9.1 Account deletion by users

You may delete your ClickPact account at any time by contacting us at clickpact@polsia.app or, for accounts linked to Shopify, via the Shopify app uninstall flow. Deletion triggers the removal of your personal data as described in our Privacy Policy, subject to financial record retention requirements (Section 4 above).

9.2 Suspension and termination by ClickPact

We may suspend or terminate your account (with or without notice) if you:

• Violate these Terms or any campaign-specific terms
• Engage in fraudulent, deceptive, or abusive activity
• Fail to pay amounts owed within 14 days of the due date
• Pose a risk to the security or integrity of the platform or other users
• Are subject to a legal order requiring us to do so

Upon termination, your access to the platform will cease. Brands remain obligated to pay any outstanding affiliate commissions that were validly earned prior to termination. Outstanding affiliate payouts will be processed within the next standard payout cycle where applicable.

10. Indemnification

You agree to indemnify, defend, and hold harmless ClickPact and its affiliates from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of:

• Your violation of these Terms
• Your promotion of content that violates applicable law or third-party rights
• Your use of the platform in a manner not authorised by these Terms
• Fraudulent or misleading affiliate activity conducted through your ClickPact account

11. Governing Law

These Terms are governed by the laws of the State of California, United States of America, without regard to conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in Los Angeles County, California. You hereby consent to the personal jurisdiction of those courts.

12. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top of this page and, for significant changes, notify you by email (to the address associated with your account) at least 14 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

13. General Provisions

• Entire agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and ClickPact regarding your use of the Service.
• Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.
• No waiver. Failure to enforce any provision of these Terms does not constitute a waiver of that or any other provision.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms to an affiliated entity or in connection with a corporate transaction.
• Force majeure. ClickPact shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, riots, or technical failures.