Terms for using Affiliate Guardian

Agreement and provider

These Terms of Service ("Terms") are a binding agreement between you and Outliyr LLC ("Outliyr," "we," "us," or "our"), based in Austin, Texas, for Affiliate Guardian and its websites, applications, alerts, reports, and Recovery Concierge (together, the "Service"). By creating an account, using the Service, or affirmatively accepting these Terms, you agree to them. If you use the Service for a company or another person, you represent that you have authority to bind them, and "you" includes them.

You must be at least 18 years old and legally able to enter a contract. The Service is designed for affiliate publishers and business use. If you do not agree to these Terms, do not use the Service.

What the Service does

Affiliate Guardian analyzes customer-authorized affiliate reports, links, and program information to identify items worth reviewing. Findings, confidence labels, and recovery estimates are decision support, not a guarantee that money is owed or can be recovered. Customers remain responsible for account access, business decisions, and communications with affiliate networks and merchants.

Coverage depends on the sites, reports, credentials, permissions, and third-party systems available to the Service. A clean result means only that the Service did not flag an issue in the material it actually reviewed. It is not proof that every page, transaction, link, or affiliate relationship is correct.

Your account and authorization

You must provide accurate account information, keep credentials and access links secure, and promptly tell us through the Support page if you suspect unauthorized use. You are responsible for activity under your account and for maintaining lawful access to each connected site, report, affiliate account, and program.

You represent that you have all rights, notices, permissions, and authority needed to provide Customer Data and to direct the Service to access, crawl, receive, store, and analyze it. You authorize us and our service providers to process Customer Data only to provide, secure, support, and improve the Service as described in the Privacy Notice.

Customer Data and confidentiality

"Customer Data" means the sites, account details, affiliate reports, links, program information, credentials, findings, recovery materials, and other content you provide or authorize us to collect for you. As between you and Outliyr, you retain your rights in Customer Data. You grant us a limited, worldwide license to host, copy, transmit, display, and analyze Customer Data only as needed to operate and support the Service, comply with law, and enforce these Terms.

We will use reasonable safeguards to protect nonpublic Customer Data and will disclose it only to personnel and service providers who need it for those purposes, as you direct, in a business transfer subject to appropriate confidentiality protections, or when law requires. The Privacy Notice explains our data practices and is part of the agreement.

Acceptable use

You may not use the Service to access another publisher's account without authorization; probe or crawl systems without permission; violate affiliate-network, merchant, or website rules; interfere with or overload the Service; bypass access, rate, or security controls; introduce malicious code; scrape or resell the Service; reverse engineer it except where law permits; infringe rights; submit unlawful, deceptive, or harmful material; or use findings to make a claim you know is false or misleading.

We may investigate suspected misuse and suspend access when reasonably necessary to protect customers, the Service, or third parties. When practical, we will give notice and an opportunity to cure. We may act immediately for security threats, unlawful conduct, nonpayment, or conduct likely to cause material harm.

Trials, subscriptions, and automatic renewal

The account may begin with an app trial that does not require payment information. If you start your first paid subscription, Stripe Checkout currently includes a separate 14-day trial unless the billing page and checkout clearly say otherwise. Before you confirm, checkout shows the plan, price, billing interval, trial end, first charge date, and renewal terms.

After any checkout trial ends, your subscription automatically renews each month until canceled. By checking the acceptance box and confirming in Stripe Checkout, you give express affirmative consent to the automatic renewal terms and authorize Stripe to charge the payment method on file for the price shown at checkout, applicable taxes, and each monthly renewal. A restarted subscription may begin paid billing immediately and does not receive another trial; the billing page and Stripe Checkout will say so before confirmation.

We will provide the checkout acknowledgment and renewal or price-change notices required by applicable law using the email address on your account. Keep that address current. A material price increase applies only after legally required notice and will not take effect before your next renewal.

Cancellation, refunds, taxes, and payment problems

You may cancel exclusively online at will by opening Billing in your account and using the Stripe Customer Portal. You may also request help through the Support page. Authentication may be required to protect your account. Cancellation stops the next automatic renewal. Unless the cancellation confirmation expressly says that access ends sooner, your paid access continues through the end of the current paid billing period or trial, and you will not be charged for the next period.

Subscription charges and Recovery Concierge success fees are nonrefundable once paid, except where applicable law requires a refund, the checkout or an order form expressly states otherwise, or we confirm a duplicate or erroneous charge. Cancel before the displayed renewal date to avoid the next charge. Contact Support promptly about a billing error; this does not limit any nonwaivable right with your card issuer.

Prices do not include taxes unless checkout says they do. You are responsible for taxes we are legally required to collect and for accurate billing information. Failed, disputed, reversed, or refunded payments may pause monitoring and access. You remain responsible for undisputed amounts properly incurred before cancellation.

Recovery Concierge

Recovery Concierge is optional. Nothing may be submitted externally until the account owner separately reviews and approves the exact claim text, amount, currency, consent version, and fee schedule shown in the Service. Changing any of those items requires new approval. We do not charge a success fee merely because a network or merchant promises, records, or reports a payment.

When we execute an approved recovery and the customer confirms that the recovered funds have cleared and are available to the customer, the success fee is 10 percent of the first $1,000 recovered, 5 percent of the portion from $1,000 through $10,000, and 3 percent of the portion above $10,000, in the settlement currency. After that confirmation, you authorize us to charge the exact approved, generally nonrefundable fee to the payment method stored with Stripe, except where applicable law requires otherwise or we confirm a duplicate or erroneous charge. Customer-performed recoveries are not charged a Concierge success fee unless a separate signed order says otherwise.

Third-party services

The Service works with third-party sites, affiliate networks, merchants, email systems, and Stripe. Their terms, availability, reporting, and decisions are outside our control, and you remain responsible for complying with their rules. We do not represent those third parties and cannot require them to pay, restore attribution, or accept a claim.

Our technology and feedback

Outliyr and its licensors own the Service, software, interfaces, documentation, designs, models, and other technology, excluding Customer Data. Subject to these Terms, we give you a limited, nonexclusive, nontransferable, revocable right to use the Service during your authorized trial or subscription.

If you send suggestions or feedback, you allow us to use them without restriction or payment, but we will not identify you publicly or disclose nonpublic Customer Data without permission.

Availability and changes

The Service may change as coverage and detectors improve, and beta functionality may be incomplete. We may add, change, or discontinue functionality. We will give reasonable advance notice when practical if a material change substantially reduces paid core functionality. No uptime, recovery, or support-response guarantee applies unless an order form or service-level agreement expressly provides one.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." OUTLIYR DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETE, OR THAT A FINDING, ESTIMATE, ALERT, OR RECOVERY WILL BE CORRECT, DELIVERED, ACCEPTED, OR PAID.

The Service is not legal, tax, accounting, investment, or financial advice. You should independently verify a finding before relying on it or making a claim. Some jurisdictions do not allow certain disclaimers, so those disclaimers apply only to the extent allowed.

Limits of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUTLIYR AND ITS MEMBERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; OR THE ACTS OR OMISSIONS OF AN AFFILIATE NETWORK, MERCHANT, OR OTHER THIRD PARTY, EVEN IF ADVISED THAT SUCH DAMAGES ARE POSSIBLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THEIR TOTAL LIABILITY ARISING FROM THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID OUTLIYR FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. These limits do not apply to liability that cannot lawfully be limited, and they apply even if a remedy fails of its essential purpose.

Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Outliyr and its members, employees, and contractors from third-party claims, damages, and reasonable costs arising from Customer Data, your unauthorized or unlawful use of the Service, your breach of the authorization or acceptable-use sections, or a claim or communication you make to a network or merchant. This duty does not apply to the extent a claim results from Outliyr's breach of these Terms, gross negligence, or willful misconduct. We will promptly notify you, allow you to control the defense with reasonably acceptable counsel, and may participate at our expense. You may not settle a claim in a way that admits our fault or imposes obligations on us without our written consent.

Term, suspension, and termination

These Terms begin when you first accept or use the Service and continue until your account is closed. You may stop using the Service at any time, but stopping use does not cancel a subscription. Use the cancellation process above first.

We may terminate or suspend the Service for a material breach, nonpayment, security risk, legal requirement, or discontinuation of the Service. When the issue can be cured, we will ordinarily give reasonable notice and a chance to cure. If we discontinue a paid Service without cause before the end of a paid period, we will provide a pro rata refund for the unused period.

After termination, access and monitoring stop. You may export and delete account data through Settings while eligible. We may delete or de-identify Customer Data after account deletion or when no longer needed, subject to security backups, fraud prevention, payment and audit records, legal holds, and other legal obligations. Provisions that by their nature should survive will survive, including ownership, payment obligations, disclaimers, liability limits, indemnity, and dispute terms.

Changes to these Terms

We may update these Terms. We will post the new version and effective date and will give reasonable advance notice by email or in the Service for a material change. A change to automatic-renewal terms, cancellation, or price will receive the notice required by applicable law. Changes do not retroactively alter a dispute that arose before they took effect. If you do not agree, cancel and stop using the Service before the change takes effect.

Governing law and disputes

Texas law governs these Terms and any dispute, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Except where applicable law gives you a right to bring a claim elsewhere, state and federal courts located in Travis County, Texas have exclusive jurisdiction, and each party consents to venue and personal jurisdiction there.

Before filing a claim, a party should give the other a written description of the dispute and requested resolution and allow 30 days for a good-faith attempt to resolve it. This does not prevent either party from seeking urgent injunctive relief or using an applicable small-claims process. Nothing in these Terms limits a nonwaivable consumer right or regulator remedy.

Notices

Legal, terms, and billing questions or notices to Outliyr may be sent to [email protected] or through the Affiliate Guardian Support page. We may send notices to your account email, post them in the Service, or both. Email notice is received when sent unless the sender receives a delivery failure. You are responsible for keeping your account email current.

General terms

Neither party is liable for delay caused by events beyond its reasonable control, except for payment obligations. You may not assign these Terms without our written consent, except with a transfer of substantially all of your business or assets if the assignee accepts these Terms. We may assign them in a merger, reorganization, or sale of the Service or relevant assets.

If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains effective. A waiver must be written and is not a continuing waiver. No agency, partnership, employment, or joint venture is created. Headings are for convenience. These Terms, the Privacy Notice, the checkout or applicable order form, and any expressly incorporated policy are the entire agreement about the Service and replace prior statements about it. An order form controls only where it expressly conflicts with these Terms.