Terms of Service

1.The service

Partnely is a platform on which brands run affiliate and creator programs and on which creators and affiliates (together, "partners") join those programs. It provides tracked links and coupon codes, matches orders to the partner who sent them, keeps one ledger of clicks, orders, commission and payouts that both sides can read, and offers program pages, creator pages and email tools. Where offered, it also includes Instagram reply automation and a marketplace in which brands and partners find each other. A feature that is not offered to your account is not part of the service for you.

These terms govern every use of the Partnely website, application and API. By creating an account or using the service you agree to them and to the Acceptable Use Policy, and confirm that you have read the Privacy Policy. A brand account also agrees to the Brand Terms; a creator account also agrees to the Creator and Affiliate Terms. Where a specific document and these terms conflict, the specific document applies.

Partnely is operated by SoMe Innovation ApS, Thulevej 12, 3. th, 9210 Aalborg SØ, Denmark (CVR 42673684) (the "company", "we", "us"). You can reach us at hello@partnely.app.

2.Accounts and eligibility

You must be at least 18 years old and able to enter a binding contract to use the service. You must give accurate information when you sign up and keep it accurate.

A brand account may be opened and operated by the brand's owner, by an employee, or by an agency acting for the brand. Whoever operates it confirms that they have the authority to bind the brand to these terms and to the program agreements the brand issues. One login may run several stores; each store is a separate program with its own plan and ledger.

A creator account belongs to one person. You may not open more than one creator account, share an account, or let anyone else use it. You are responsible for everything done under your login. Keep your password safe, tell us at once if you believe someone else has used your account, and use social sign-in only with accounts that are yours.

We may refuse, suspend or close an account that breaks these terms, that we reasonably believe is used for fraud, or that we are required by law to close.

3.Acceptable use

The Acceptable Use Policy is part of these terms. In short: use the service lawfully, do not interfere with it or with other people's use of it, do not scrape or copy it, do not try to defeat or manipulate tracking and attribution, and do not misrepresent who you are or what you sell.

Brands may only run programs for products and services they are entitled to sell. Partners may only promote in the honest ways the Creator and Affiliate Terms describe.

4.Fees

Brands pay according to the plan they choose: a monthly price where the plan has one, plus a percentage of the order subtotal of every attributed order that is not reversed, as set out on the pricing page at /pricing. The order subtotal is what the shopper paid for the products in the order, after discounts, excluding VAT, sales tax and shipping; gift card sales and subscription renewals count only where the brand has chosen to pay commission on them. The percentage is taken on the sale value, never on the commission a brand pays its partners. Paid plans start with 14 free days without a card; the Free plan has no monthly price. Where paying partners through the service is offered, a payout run a brand funds through the service may carry a processing fee, which is charged to the brand on top of the commission and shown before the brand confirms the run; partners receive their full commission. Joining programs, making links, and being paid are free for partners; the optional creator Pro tier is priced on the same page. Prices exclude taxes, which are added where the law requires. We announce price changes at least thirty days before they apply.

5.Content and licences

You keep every right you have in the content you put on the service: names, logos, product data, images, page content, posts and messages. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display and transmit that content as needed to run the service, to show it to the people you have made it visible to, and to keep the records the service exists to keep.

A brand's catalog, logo and program page are shown to partners and, where the brand chooses, to the public. A creator's page is public once published, and so are a media kit and a discovery profile that the creator makes public where the marketplace is offered.

Rights in content a creator produces for a brand, and any licence the creator grants the brand, are set in the program agreement and in the campaign brief that applies. These terms grant no such licence.

If you send us ideas or feedback, we may use them without any obligation to you.

You confirm that your content does not infringe anyone's rights and that you have the permissions you need to use it. We may remove content that we reasonably believe breaks these terms or the law.

6.Reporting illegal content and our contact point

Our single point of contact for authorities of the EU member states, for the European Commission and for users of the service, including under the EU Digital Services Act, is abuse@partnely.app. We can be contacted there in English and Danish.

Anyone can tell us about content on the service that they believe is illegal or breaks these terms, for example on a creator page, a program page or a media kit. Those pages carry a "Report this page" link that opens an email to abuse@partnely.app with the page's address filled in; you can also write to that address directly. A report should give the exact address of the content, explain why you believe it is illegal or breaks these terms, give your name and email address, and confirm that you believe in good faith that the report is accurate and complete.

We confirm that we have received a report, review it in a timely, careful and objective way, and tell the person who sent it what we decided. Reports are decided by people, not by automated means. If we remove or restrict content, or suspend or close an account, we tell the account holder what we did and why, unless the law prevents it, and how to ask us to review the decision.

You can ask us to review a decision about a report or about your content by replying to our message within six months of it. You may also take the dispute to a certified out-of-court dispute settlement body or to the courts.

After a warning, we may suspend for a reasonable period accounts that frequently provide manifestly illegal content, and stop handling reports from people who frequently send manifestly unfounded ones.

7.Third-party platforms

The service connects to store platforms, payment providers, email providers and social networks. Your use of those platforms is governed by their own terms. We are not responsible for their availability, their decisions, or changes they make that affect the service. Where a platform requires an application review before a feature can run, the feature is not offered until it has passed.

8.Disclaimers

The service is provided as it is and as it is available. We do not promise that it will be uninterrupted or error-free, or that it will bring any particular number of clicks, orders or sales.

Attribution follows the rules documented in the API reference. It depends on data that reaches us from browsers and store platforms and can be affected by browser settings, blocked scripts, consent choices, platform changes and mistakes in a store's setup. We will apply the rules consistently; we cannot guarantee that every order is matched.

We are not a party to the relationship between a brand and a partner. In that relationship we act as the record keeper and, where paying partners through the service is offered and a brand funds payouts through it, as the payment channel. When a brand connects its own PayPal account, we send payout requests to PayPal from that account on the brand's instruction; the money moves from the brand to the partner and we never hold it. Brands decide whom to accept, which orders to approve and what to pay; partners decide what to promote and how.

To the extent the law allows, we exclude every implied warranty, including merchantability, fitness for a particular purpose and non-infringement.

9.Limitation of liability

To the extent the law allows, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, however caused.

To the extent the law allows, our total liability for everything arising from the service in any twelve-month period is limited to the fees you paid us in that period, or one hundred US dollars if you paid none.

Nothing in these terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, for fraud, or under consumer protection laws that apply to you.

10.Indemnity

You will defend and compensate us against claims, losses and costs (including reasonable legal fees) that arise from your content, your breach of these terms, your breach of the law, or the products and services you sell or promote.

11.Termination

You may close your account at any time by writing to hello@partnely.app from the email address on your account. We may suspend or close an account for a breach of these terms, for suspected fraud, for a legal requirement, or if the service is discontinued, in which case we will give at least thirty days' notice where we can.

When an account closes, its profile is deleted or anonymised. Orders, commission, payouts, invoices and signed agreements are kept for the periods in the Privacy Policy, because the law requires them to be kept and the other party to a program relies on them. Obligations that by their nature continue survive: fees already due, commission a brand owes its partners, and the sections on content licences (for records we keep), disclaimers, limitation of liability, indemnity and governing law. The Brand Terms say what happens to commission owed when a brand closes its program.

If you ask for a copy of your data together with your request to close the account, we send it to you before the account is closed. Write to privacy@partnely.app.

12.Changes and notice

We may change these terms and the documents they refer to. Each document carries a version date. For a material change we will give at least fourteen days' notice by email or in the application before the new version applies, and we will ask you to accept it the next time you sign in. If you do not accept, you may close your account; continuing to use the service after the notice period means you accept the new version.

Notices to you go to the email address on your account. Notices to us go to the contact address below.

13.Governing law

These terms are governed by the laws of Denmark, without regard to its conflict-of-law rules. Any dispute that cannot be settled between us will be brought in the courts of Denmark, and each of us submits to their jurisdiction. Where consumer protection law gives you the right to bring a claim where you live, nothing here takes that right away.

If any part of these terms is found unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver of it. These terms, with the documents they refer to, are the whole agreement between you and us about the service.

14.Contact

Questions about these terms: hello@partnely.app. Reports of illegal content: abuse@partnely.app. Post: SoMe Innovation ApS, Thulevej 12, 3. th, 9210 Aalborg SØ, Denmark.