Terms of Service

"Promio" means Promio and its owners, operators, affiliates, employees, contractors, and service providers.

"Company" means a business, merchant, brand, creator, agency, or other organization that creates or manages an affiliate, referral, partner, creator, ambassador, influencer, or rewards program through Promio.

"Affiliate" means a person or organization that joins or applies to a Company's program and promotes the Company's products, services, content, offers, or website through Promio.

"Program" means a Company's affiliate, referral, partner, creator, ambassador, influencer, or reward campaign operated through Promio.

"Referral Link" means a unique URL, tracking link, code, coupon, or other attribution mechanism assigned through Promio.

"Conversion" means an action tracked or reported through Promio, such as a purchase, subscription, signup, lead, custom event, or other qualifying event defined by the Company's Program rules.

"Commission" or "Reward" means an amount, discount, credit, benefit, or other value that may become payable or deliverable under a Program.

"Program Rules" means the commission structure, eligibility rules, reward timing, attribution window, refund period, allowed promotional methods, prohibited conduct, payout thresholds, and other terms set by a Company for a Program.

Promio provides software and operational tools that help Companies create Programs and help Affiliates discover, join, promote, track, and manage Programs.

Promio is not the seller of a Company's products or services. Companies remain responsible for their own products, services, advertising claims, customer relationships, refunds, warranties, privacy practices, checkout flows, taxes, and legal compliance.

Promio may facilitate tracking, reporting, invoicing, and payouts, but Promio does not guarantee that any click, referral, Conversion, Commission, Reward, invoice, or payout will be valid, approved, collected, or paid.

You must provide accurate, complete, and current account information. You must keep your login credentials secure and are responsible for all activity under your account.

You may not use the Service if you are prohibited from doing so under applicable law, sanctions rules, export control rules, payment network rules, or these Terms.

Promio may require identity verification, business verification, tax information, payout information, sanctions screening, fraud checks, or other compliance review before allowing access to certain features or releasing payouts.

Promio may reject, suspend, limit, or terminate accounts that provide inaccurate information, fail verification, present fraud or compliance risk, or violate these Terms.

Companies are responsible for creating accurate and lawful Program Rules. This includes, where applicable:

1. The promoted product, service, or landing page.
2. Commission type, such as percentage commission, fixed reward, discount, credit, or custom reward.
3. Currency.
4. Conversion trigger, such as first purchase, signup, subscription start, or custom event.
5. Commission scope, such as first order only, lifetime, or limited attribution window.
6. Minimum order value.
7. Reward recipient, such as referrer only, referred customer only, or both.
8. Reward timing, including refund or cancellation waiting periods.
9. Self-referral policy.
10. Reward limits, caps, and payout thresholds.
11. Allowed and prohibited marketing channels.
12. Any additional legal, brand, or compliance requirements.

Companies must not use Promio to promote illegal, deceptive, harmful, infringing, regulated, or restricted products or services unless expressly permitted by Promio and lawful in all relevant jurisdictions.

Companies must review Affiliate activity reasonably and in good faith. Companies may reject, adjust, reverse, or cancel Conversions or Commissions only where supported by Program Rules, fraud indicators, refunds, chargebacks, cancellations, duplicate tracking, test transactions, technical errors, non-payment, or violations of these Terms.

Companies may not use Promio to avoid paying valid, approved, and collected Commissions.

Affiliates must promote Programs honestly, lawfully, and in accordance with the applicable Program Rules.

Affiliates are responsible for all content, claims, links, advertisements, posts, videos, emails, websites, landing pages, social media activity, coupon listings, paid search activity, messages, and other promotional activity they create or distribute.

Affiliates must not make false, misleading, unsubstantiated, exaggerated, or unauthorized claims about a Company, product, service, discount, price, availability, earnings opportunity, or relationship.

Affiliates must comply with all applicable advertising, consumer protection, privacy, email marketing, platform, tax, and disclosure laws.

Affiliates must clearly and prominently disclose any material connection with a Company, including any commission, payment, reward, free product, discount, credit, sponsorship, or other benefit.

Disclosures must be easy to notice and understand. They must appear close to the relevant recommendation, link, post, video, email, review, comparison, coupon, or promotional claim.

Affiliates must not hide disclosures in footers, terms pages, profile pages, vague hashtags, or locations that an ordinary user is unlikely to see before acting on the recommendation.

Examples of acceptable disclosure language may include: "I may earn a commission if you buy through this link" or "This is an affiliate link, and I may be paid if you sign up." The exact wording must be appropriate for the channel, jurisdiction, and applicable law.

Affiliates may not engage in any activity that Promio or a Company reasonably considers fraudulent, deceptive, abusive, harmful, or unfair. Prohibited conduct includes:

1. Fake clicks, fake leads, fake accounts, fake purchases, fake signups, or bot traffic.
2. Cookie stuffing, cookie dropping, forced clicks, hidden iframes, unauthorized redirects, pop-ups, or scripts that set tracking without genuine user intent.
3. URL hijacking, typosquatting, domain spoofing, brand impersonation, or misleading redirects.
4. Self-referrals unless expressly allowed by the Program Rules.
5. Referring existing customers where Program Rules limit rewards to new customers.
6. Using stolen, leaked, unauthorized, expired, or misleading coupon codes.
7. Posting coupons or offers that are not approved by the Company.
8. Paid search bidding on Company trademarks, brand names, misspellings, domain names, or restricted keywords unless expressly allowed.
9. Creating ads, domains, social profiles, emails, landing pages, or content that falsely appear to be owned, operated, endorsed, or approved by a Company or Promio.
10. Spam, unsolicited email, unsolicited messages, mass direct messaging, or unlawful outreach.
11. Malware, adware, browser extensions, toolbars, spyware, forced installs, or other software that interferes with user choice or tracking integrity.
12. Incentivized traffic, cashback, sweepstakes, loyalty, coupon, or rewards traffic unless expressly allowed by the Program Rules.
13. Misleading product reviews, fake testimonials, fake scarcity, fake urgency, fake discounts, or fake endorsements.
14. Content that is illegal, hateful, violent, sexually exploitative, infringing, defamatory, deceptive, or otherwise harmful.
15. Any attempt to manipulate attribution, tracking, invoices, payouts, Program statistics, or Promio systems.

Promio may withhold, reverse, cancel, or delay Commissions connected to prohibited conduct.

Promio records clicks, referrals, Conversions, Commissions, and related activity based on available tracking data, Company settings, integrations, cookies, referral links, referral codes, APIs, webhooks, and other tracking methods.

Tracking is not guaranteed to be perfect. Tracking may be affected by browser settings, privacy tools, ad blockers, cookie restrictions, technical errors, integration errors, missing data, duplicate events, user behavior, or third-party systems.

A tracked Conversion does not automatically create a payable Commission. Conversions may remain pending, be reviewed, be rejected, be adjusted, be included in a Company invoice, be confirmed after payment, or be reversed.

Promio may correct records affected by duplicate tracking, fraud, refunds, chargebacks, test transactions, technical errors, policy violations, or inaccurate data.

Companies may choose whether Programs are private, invite-only, application-based, or publicly discoverable in the Promio marketplace.

Companies may approve, reject, suspend, or remove Affiliates from Programs, provided they act consistently with applicable law, Program Rules, and these Terms.

Promio may remove a Company, Affiliate, Program, offer, link, asset, or campaign from the Service if Promio believes it creates legal, payment, fraud, security, brand, consumer protection, platform, or operational risk.

Commission eligibility is determined by the applicable Program Rules and Promio's records, subject to review, adjustment, reversal, and compliance checks.

Unless otherwise agreed in writing, Affiliate earnings remain pending until:

1. The related Conversion is tracked or reported.
2. The applicable review, refund, cancellation, or chargeback period has passed.
3. The Company approves or does not validly reject the Conversion under the Program Rules.
4. Promio invoices the Company where applicable.
5. Promio receives cleared, non-reversed funds from the Company for the related amount.
6. The Affiliate satisfies payout, tax, identity, compliance, and payment-provider requirements.

Promio has no obligation to pay an Affiliate before Promio receives the corresponding Company payment in cleared, non-reversed funds.

If a Company invoice is unpaid, overdue, disputed, partially paid, reversed, charged back, or subject to compliance review, Promio may delay, reduce, cancel, or withhold the related Affiliate payout.

Promio may also delay or withhold payouts while reviewing fraud risk, identity information, tax information, payout destination, sanctions screening, legal compliance, payment-provider requirements, or Program eligibility.

Promio may issue invoices to Companies for approved or invoiceable Affiliate earnings, Promio fees, payment processing fees, taxes, VAT, currency conversion costs, bank fees, chargeback costs, or other applicable amounts.

Unless otherwise stated in an invoice or written agreement, Companies must pay invoices by the due date shown on the invoice.

Promio may suspend Programs, tracking, dashboards, approvals, marketplace visibility, or payout processing if a Company fails to pay amounts when due.

Companies are responsible for any taxes, VAT, withholding obligations, payment processor fees, bank fees, currency conversion costs, and similar charges associated with their Programs, invoices, or payments unless applicable law requires otherwise.

Users are responsible for providing accurate tax, business, identity, and payout information.

Affiliates are responsible for taxes on their own earnings unless applicable law requires otherwise.

Promio may request tax forms, invoices, receipts, VAT information, business registration details, payout account details, or other documentation required for accounting, payout, reporting, audit, or legal compliance.

Incorrect, incomplete, outdated, or suspicious payout information may delay or prevent payment.

A Commission or Reward may be rejected, adjusted, reversed, or cancelled if the related transaction is refunded, charged back, cancelled, unpaid, fraudulent, duplicated, generated in violation of Program Rules, generated through prohibited conduct, or created by technical or tracking error.

Promio may offset reversed amounts against future payouts or invoices.

If an Affiliate has already been paid for an invalid or reversed Commission, Promio may deduct the amount from future payouts or request repayment.

Companies may upload or provide logos, trademarks, product images, descriptions, links, promotional materials, discount information, Program descriptions, and other assets.

Companies grant Promio and approved Affiliates the rights necessary to host, display, reproduce, distribute, and use those assets solely for operating and promoting the applicable Program through Promio, subject to Program Rules.

Affiliates may use Company assets only as permitted by the Company and Program Rules. Affiliates must stop using Company assets after removal from a Program, termination of the Program, or request by the Company or Promio.

Users represent that they have all rights needed to submit content to Promio and that their content does not violate law, infringe rights, or mislead users.

Promio owns the Service, software, dashboards, designs, workflows, documentation, trademarks, trade names, logos, databases, code, and related intellectual property.

Users may not copy, scrape, modify, reverse engineer, resell, sublicense, frame, mirror, interfere with, or misuse the Service except as expressly permitted by these Terms or applicable law.

No rights are granted except as expressly stated in these Terms.

Promio processes account data, Company data, Affiliate data, referral data, click data, Conversion data, payout data, invoice data, device data, usage data, and related information to provide the Service, prevent fraud, process payments, support users, improve the Service, and comply with law.

Users must not upload, send, or collect personal data through Promio unless they have the legal right to do so.

Companies are responsible for providing legally required notices and obtaining legally required consents for their websites, checkout flows, tracking integrations, cookies, pixels, webhooks, referral programs, and marketing activities.

Affiliates are responsible for complying with privacy, advertising, email, and platform rules that apply to their own promotional channels.

Promio may use third-party providers for hosting, analytics, communication, payment processing, fraud prevention, identity verification, tax compliance, payout processing, and other operational purposes.

16.1 Data Processing Agreement (Company customer data)

This section forms the data processing agreement ("DPA") between Promio and each Company and takes effect when the Company accepts these Terms or connects a store or integration. Where Promio processes personal data of a Company's own customers, prospective customers, or site visitors (for example order email, name, order totals, order identifiers, referral codes, and related tracking data received through a store integration such as Shopify or WooCommerce), the Company is the data controller and Promio is the data processor.

Scope and purpose. Promio processes that customer personal data only on the Company's documented instructions and only to provide the Service — attributing referrals and conversions, calculating and reversing commissions, preventing fraud, generating reports and invoices, and meeting related legal obligations. Promio does not sell customer personal data and does not use it for its own independent purposes or for advertising.

Duration and data subjects. Processing lasts for the term of the Company's use of the Service, subject to the retention periods in Promio's Data Retention Policy. Data subjects are the Company's customers, prospective customers, and site visitors; data categories are limited to what is described above.

Security. Promio maintains appropriate technical and organizational measures, including encryption of data in transit, encrypted backups, access controls limiting staff access, an append-only audit log of sensitive actions, and a documented incident response process.

Sub-processors. Promio uses vetted sub-processors (including its hosting provider, Stripe for payments/payouts, and Brevo for transactional email), each under their own data protection terms, and remains responsible for their compliance. Promio will inform Companies of material changes to its sub-processors.

Assistance and breach notification. Promio will reasonably assist Companies in responding to data-subject requests and honors Shopify's customers/data_request, customers/redact, and shop/redact webhooks. Promio will notify affected Companies without undue delay after becoming aware of a personal data breach affecting their data.

Return or deletion. On termination, or on a valid erasure request, Promio deletes or anonymizes the Company's customer personal data except where retention is required by law (for example invoicing records), in which case that data is minimized and access-restricted.

Users must comply with all applicable laws and regulations, including advertising, endorsement, consumer protection, privacy, data protection, email marketing, anti-spam, tax, sanctions, export control, anti-bribery, anti-corruption, anti-money laundering, intellectual property, and payment laws.

Users must also comply with applicable platform rules, including rules of social networks, search engines, app stores, email providers, ad networks, payment processors, and marketplaces.

Promio may take any action it considers reasonably necessary to comply with law, enforce these Terms, protect users, protect consumers, protect Companies, protect Affiliates, or protect the integrity of the Service.

Promio may prohibit or restrict Programs involving certain products, services, industries, or claims. Restricted categories may include, without limitation:

1. Illegal products or services.
2. Fraudulent, deceptive, or misleading offers.
3. Counterfeit or infringing goods.
4. Hate, violence, harassment, or exploitation.
5. Adult sexual content or services.
6. Weapons, explosives, or dangerous materials.
7. Illegal drugs or controlled substances.
8. Gambling, betting, or lottery products where restricted.
9. Financial, investment, credit, crypto, or insurance offers that lack required licenses or disclosures.
10. Medical, health, supplement, or weight-loss claims that are unlawful, unsafe, or unsupported.
11. Any product or service that Promio determines creates unacceptable legal, reputational, consumer, payment, or platform risk.

Promio may update restricted categories at any time.

Promio may suspend, limit, or terminate access to the Service, accounts, Programs, tracking, links, invoices, reporting, marketplace listings, or payouts if Promio believes there is:

1. Violation of these Terms or Program Rules.
2. Fraud, abuse, or suspicious activity.
3. Non-payment by a Company.
4. Legal or regulatory risk.
5. Payment processor or payout provider issue.
6. Security risk.
7. Inaccurate account, tax, or payout information.
8. Harm to Promio, a Company, an Affiliate, a customer, or a third party.
9. Misuse of the Service.
10. Conduct that could damage Promio's reputation or platform integrity.

After termination, amounts already approved and collected may still be paid if permitted by law and compliance checks. Amounts connected to fraud, violations, reversals, disputes, chargebacks, unpaid Company invoices, or legal risk may be withheld or cancelled.

Promio may modify, suspend, discontinue, or limit any part of the Service at any time.

Promio does not guarantee uninterrupted availability, error-free tracking, perfect attribution, specific earnings, specific Company performance, specific Affiliate performance, uninterrupted integrations, or continuous marketplace availability.

Promio may update features, pricing, fees, Program tools, payout workflows, verification requirements, or these Terms from time to time.

The Service may integrate with or depend on third-party services, including payment processors, payout providers, analytics tools, hosting providers, ecommerce platforms, CRMs, email providers, tax tools, fraud tools, identity verification providers, and Company websites.

Promio is not responsible for third-party services, third-party downtime, third-party fees, third-party errors, third-party data practices, or third-party terms.

Users are responsible for complying with third-party terms that apply to their use of those services.

Users may receive non-public information through Promio, including Program performance, commission rates, customer information, payout data, business information, technical information, or marketplace information.

Users must protect confidential information and use it only for the purpose of participating in or operating the applicable Program.

This section does not restrict information that is publicly available, independently developed without use of confidential information, lawfully received from a third party, or required to be disclosed by law.

If you provide ideas, suggestions, requests, improvements, or feedback about Promio, you grant Promio a perpetual, worldwide, royalty-free right to use that feedback without restriction or compensation.

The Service is provided "as is" and "as available."

To the maximum extent permitted by law, Promio disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, security, and error-free operation.

Promio does not guarantee:

1. Any specific earnings.
2. Any specific number of clicks, referrals, leads, customers, Conversions, or sales.
3. Any Company payment.
4. Any Affiliate performance.
5. Any uninterrupted or error-free tracking.
6. Any legal outcome.
7. Any tax outcome.
8. Any uninterrupted availability of the Service.

To the maximum extent permitted by law, Promio will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, business interruption, reputational harm, loss of goodwill, or lost opportunities.

To the maximum extent permitted by law, Promio's total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of:

1. The amounts paid by you to Promio for the Service in the three months before the event giving rise to the claim; or
2. EUR 100.

Some jurisdictions do not allow certain limitations of liability, so some limitations may not apply.

You agree to indemnify, defend, and hold harmless Promio from and against claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable legal fees, arising from or related to:

1. Your use of the Service.
2. Your violation of these Terms.
3. Your violation of Program Rules.
4. Your content or promotional activity.
5. Your products, services, customers, refunds, claims, or checkout flows.
6. Your violation of law or third-party rights.
7. Your tax, payout, or payment obligations.
8. Fraud, misrepresentation, or prohibited conduct by you or under your account.

Companies and Affiliates are encouraged to resolve Program disputes directly and in good faith.

Promio may, but is not required to, review disputes involving tracking, approvals, reversals, invoices, payouts, or Program Rules. Promio may request supporting records and may pause related payouts, invoices, or account activity while reviewing a dispute.

Promio's records will be used as the primary operational record for clicks, referrals, Conversions, Commissions, invoices, and payouts, but Promio may correct records where appropriate.

Promio is not responsible for resolving every dispute between Companies and Affiliates.

These Terms are governed by the laws of Austria, without regard to conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Any dispute arising out of or relating to these Terms or the Service will be brought in the competent courts of Graz, Austria, unless applicable law requires otherwise.

Nothing in these Terms limits non-waivable consumer, employment, privacy, or data protection rights that apply by law.

Promio may update these Terms from time to time. Material changes will be posted in the Service or on Promio's website.

The updated Terms become effective on the date stated in the updated version. Continued use of the Service after the effective date means you accept the updated Terms.

Questions about these Terms may be sent to:

Promio
Email: support@promio.me
Website: promio.me