Terms and Services

Introduction

We are Zak Affiliate, an all-in-one affiliate & referral marketing application (the "Application") designed for merchants (the "Merchants") to boost sales and increase customer engagement through managed affiliate programs. The Application is owned and operated by Zak Affiliate ("Zak Affiliate", "we", "us", "our").

Eligibility

You may only download, install, and use the Application if you are:

• A legal entity (business or corporation) or an individual who is at least 18 years of age
• Possessing full legal capacity to enter into contractual agreements

By using the Application, you represent and warrant that you meet these eligibility requirements. If you are entering these Terms on behalf of a company or another legal entity, you represent that you are duly authorized to enter into this agreement on behalf of such entity and that you or the Merchant are the owners of the Website in respect of which you are utilizing the Application (you and the Merchant will be collectively referred to as "you" or "your").

Subscription and Payment Terms

Trial Period

We may offer the Application (or some of its features) on a trial basis, free of charge, which may be time-limited. After the conclusion of any trial period, continued use will require selecting and paying for a subscription plan.

Fees and Billing

Beyond any trial period, use of the Application is subject to your payment of applicable fees (the "Fees"), in accordance with the packages, schemes, and amounts presented to you upon subscribing to the Application or at a later time ("Plans"). We may convert a free feature of the Application to a paid service and will seek your consent to payment of those Fees. If you do not consent, we may terminate Your Subscription.

All Fees are quoted in US Dollars, unless expressly stated otherwise. We will charge you for Fees using the payment method you provide ("Billing Information"). You represent and warrant that you are lawfully permitted to use your selected payment method.

You must keep your Billing Information current, complete, and accurate, and notify us promptly of any changes. By subscribing to the Application and choosing your Plan, you consent to being billed for the Fees, plus any applicable taxes, surcharges, or commissions charged by the payment processor.

All amounts payable to us exclude excise, sales tax, VAT, withholding tax, or other governmental charges or transaction fees. You are responsible for paying all such applicable taxes and charges.

Intellectual Property

Ownership of the Application

Zak Affiliate owns all intellectual property rights related to the Application. All rights, title, and interest in and to the Application not expressly granted under these Terms are reserved by Zak Affiliate. Without limiting the foregoing, Zak Affiliate owns the trademarks, design marks, trade dress, domain names, service names, logos, and associated designs ("Trademarks") used in connection with the Application, and any unauthorized use of the Trademarks is strictly prohibited.

User Content

You retain ownership of all information and content (including text, images, video, audio, and other material) that you upload, publish, transmit, link to, or otherwise make available through the Application ("User Content"). By using the Application, you grant to Zak Affiliate a non-exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license, with the right to sublicense, to access, use, reproduce, modify, publish, translate, create derivative works from, distribute, disseminate, perform, transmit, display, store, index, and archive User Content for the purpose of providing the Application and its services.

You are solely responsible for User Content that you upload, publish, transmit, link to, or otherwise make available through the Application. If you are posting User Content belonging to or generated by a third party, you warrant that you are authorized to act on behalf of that third party and to bind them to these Terms.

Feedback

We welcome your feedback regarding the Application. If you submit any suggestions, comments, or other feedback ("Feedback") to Zak Affiliate, you agree that Zak Affiliate shall have a worldwide, perpetual, irrevocable, unrestricted, and fully paid-up right to use, copy, modify, publish, disclose, distribute, license, sublicense, incorporate into its products, and create derivative works of any Feedback or ideas contained in or resulting from any Feedback, for any commercial and non-commercial purposes, without compensation or further obligation to you.

Copyright Policy

Zak Affiliate respects the intellectual property rights of others and expects users of the Application to do the same. It is our policy not to infringe or violate the intellectual property rights of any third party. We will remove material that infringes on the rights of any third party, and may do so at our sole discretion, without prior notice to users at any time.

If you believe that content appearing on the Application infringes your copyright, you may request its removal by contacting us at support@zakaffiliate.com with detailed information about the alleged infringement.

Termination and Suspension

You may terminate these Terms at any time by removing the Application from your Shopify account.

In addition to any remedies available to us under applicable law or these Terms, if we believe that you have misused the Application, provided false information, or otherwise breached these Terms, we may, in our sole discretion:

• Limit your use of the Application
• Suspend your access to the Application
• Terminate your access to the Application entirely
• Take technical and legal measures to prevent you from using the Application

Upon termination, you must discontinue all use of the Application. After termination, you will no longer have access to the Application or any User Content stored within it. Prior to termination, you may export your data to another platform.

Termination of these Terms will not restrict our continued use of content you provided to us prior to termination for promotional purposes, in accordance with the rights you granted us in these Terms.

Privacy

We respect your privacy and the privacy of your users. Our Privacy Policy, which is incorporated into these Terms by reference, explains our data collection and use practices. By using the Application, you acknowledge and agree to our collection, use, and disclosure of information as described in the Privacy Policy.

Support, Availability and Quality

The availability, quality, and functionality of the Application depend on various factors, including software, hardware, and communication networks provided by third parties. These factors are not fault-free. We may periodically interrupt the Application for maintenance and other operational reasons.

WE DO NOT WARRANT THAT THE APPLICATION WILL OPERATE WITHOUT DISRUPTION, ERRORS, OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES, OR UNAUTHORIZED ACCESS.

You will not receive compensation or refunds for such interruptions. You acknowledge that the Application does not provide data backup services for any User Content or other data that you or third parties upload, post, or use.

During Your Subscription period, we will provide technical support for questions, problems, and inquiries regarding the Application during our business hours through designated support channels. We will attempt to respond to your technical inquiries within a reasonable time but may decline to provide support for matters that we determine, in our sole discretion, require unreasonable time, effort, cost, or expense.

Disclaimer of Warranty

THE APPLICATION IS PROVIDED "AS IS" AND WITH ALL FAULTS. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APPLICATION, USER CONTENT, YOUR WEBSITE, YOUR SUBSCRIPTION, THE FEES AND BILLING, THE BILLING INFORMATION, ANY INTERACTION RELATED TO THE APPLICATION, ANY THIRD-PARTY SOFTWARE, HARDWARE OR PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY.

Limitation of Liability

Any communications and interactions between you and third parties (such as users and affiliates), and all consequences resulting from the above, are strictly between you and such third parties, and you assume full and exclusive responsibility for them. We are not a party to those communications, interactions, dealings, engagements, and transactions. To the maximum extent permitted by law, your use of the Application is at your own sole responsibility.

WE, INCLUDING OUR STAFF, SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE APPLICATION, THE USER CONTENT, YOUR WEBSITE, THE FEES AND BILLING, THE USE OF, OR THE INABILITY OF YOU OR THIRD PARTIES TO USE THE APPLICATION, AND YOUR SUBSCRIPTION, OR ANY COMMUNICATION OR INTERACTIONS WITH THE APPLICATION, OR ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS WITH OTHERS ON OR THROUGH THE APPLICATION, OR YOUR RELIANCE UPON THE APPLICATION OR ANY CONTENT UPLOADED OR AVAILABLE TO THE APPLICATION, OR ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE APPLICATION, OR ANY RELIANCE MADE BY YOU ON THIRD PARTY SOFTWARE, HARDWARE OR PLATFORM, OR ANY FAULT, OR ERROR MADE BY OUR STAFF, OR ANY DENIAL OR CANCELATION OF YOUR SUBSCRIPTION, OR RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT ON THE APPLICATION.

Changes to the Terms

We may amend these Terms from time to time. When we do, we will notify you in advance of the amended Terms. Your continued use of the Application after the effective date of the amended Terms constitutes your acceptance of those amendments. The latest version of the Terms will always be accessible through the Application.

If you do not accept the amended Terms, these Terms will be terminated (see the Termination and Suspension section).

General Provisions

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations, oral representations, agreements, and statements.

No waiver, concession, extension, representation, alteration, addition, or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

If you have any questions or concerns regarding these Terms or the Application, please contact us at:

Email: support@zakaffiliate.com