Terms of Service — OfferDaemon

1. Introduction

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “Tenant”, “you”, or “your”) and:

Mikolaj Waszczuk (trading as OfferDaemon)
NIE: Y7198003Y
c/Hinojo 31/34, 35110 Vecindario
Las Palmas de Gran Canaria, Spain
Email: [email protected]

(“Company”, “we”, “us”, or “our”), governing your access to and use of the OfferDaemon platform, including the web-based dashboard, APIs, redirect engine, and all related services (collectively, the “Service”).

The Company is a sole proprietorship (autonomo) registered in Spain. In accordance with Article 10 of Ley 34/2002 (LSSI-CE), the identification details above are provided for transparency.

By accessing or using the Service, creating an account, or clicking “I Agree”, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

“Affiliate” or “Publisher” means a third party registered within a Tenant’s network on the Service who promotes the Tenant’s offers and earns commissions on conversions.
“Conversion” means a tracked action (lead, sale, recurring event, refund, or custom event) recorded by the Service.
“Merchant” means a user assigned the merchant role by an Admin, who manages a group of Publishers.
“Offer” means an advertising campaign or product promotion configured by a Tenant within the Service.
“Postback” means a server-to-server notification from an advertiser confirming a conversion event.
“Redirect Engine” means the OfferDaemon click-tracking and redirect infrastructure that processes tracking links.
“Tenant” means a company or individual who has created an account on the Service to manage an affiliate or performance marketing network.
“Whitelabel” means the ability to use a custom domain and remove OfferDaemon branding from the dashboard.

3. Eligibility

3.1. You must be at least 18 years of age and have full legal capacity to enter into these Terms.

3.2. The Service is intended for commercial and business use only. Consumer use is not supported.

3.3. Accounts registered by automated methods (bots, scripts, or other non-human means) are strictly prohibited.

3.4. You must provide true, accurate, and complete information during registration and keep it up to date. We reserve the right to suspend or terminate accounts that contain false or outdated information.

4. Account Registration and Security

4.1. To access the Service, you must create an account by providing a valid email address, password, and any other required information.

4.2. You are solely responsible for maintaining the confidentiality of your account credentials (username and password). You are fully responsible for all activities that occur under your account.

4.3. A single login may not be shared among multiple individuals. Each user must have a separate account.

4.4. You must notify us immediately at [email protected] if you become aware of any unauthorized use of your account or any other breach of security.

4.5. We reserve the right to access your account to provide technical support as requested by you, to investigate suspected violations of these Terms, or to comply with applicable law.

5. The Service

5.1. Description. The Service is a web-based affiliate and performance marketing network management platform. It provides tools for offer management, publisher management, conversion tracking, reporting, commission management, payment processing, and related functionalities.

5.2. Service Tiers. The Service is offered in multiple subscription tiers (Starter, Growth, Enterprise) with different conversion volume limits, data retention periods, and feature access levels. Current tier details and pricing are published at offerdaemon.com. We reserve the right to modify tier features and limits with 30 days’ prior notice.

5.3. Free Trial. We may offer a free trial period (currently 14 days). A valid credit card is required to activate a trial. At the end of the trial period, your account will be automatically charged for the selected subscription plan unless you cancel before the trial expires.

5.4. Service Availability. We undertake reasonable efforts to ensure the accessibility and functionality of the Service. However, we do not guarantee uninterrupted, error-free, or secure operation. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control.

5.5. Modifications. We reserve the right to modify, update, or discontinue any part of the Service at any time. For material changes that reduce functionality of your current plan, we will provide at least 30 days’ notice via email or in-app notification.

6. Acceptable Use

6.1. You shall use the Service only for lawful purposes and in accordance with these Terms.

6.2. You shall not:

(a) Use the Service for any fraudulent, illegal, or harmful purpose, including but not limited to fraud, money laundering, terrorism financing, distribution of malware, pornography, or defamatory content.
(b) Engage in any form of artificial revenue manipulation, click fraud, conversion fraud, or cookie stuffing within the Service.
(c) Attempt to interfere with, disrupt, or compromise the integrity, performance, or security of the Service or its infrastructure.
(d) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
(e) Reproduce, duplicate, copy, sell, resell, sublicense, or exploit any portion of the Service without our prior written consent.
(f) Use any automated tool, bot, scraper, or other software to access the Service in a manner not expressly authorized by us.
(g) Use the Service to send unsolicited communications or spam.
(h) Upload or transmit any worms, viruses, or any code of a destructive nature.
(i) Modify, adapt, or hack the Service, or modify another website to falsely imply association with OfferDaemon.

6.3. You are solely responsible for:

(a) The content and legality of your advertisements and marketing materials.
(b) Compliance with all applicable laws in all jurisdictions where your advertisements are displayed.
(c) Your relationships and obligations toward your Affiliates, Merchants, publishers, and advertisers.
(d) Timely payments to your Affiliates and publishers for earned commissions.

6.4. Violation of this section may result in immediate suspension or termination of your account without prior notice.

7. Pricing, Payment, and Taxes

7.1. Subscription Fees. The Service is billed as a monthly or annual subscription. All fees are charged in advance for the applicable billing period. Current pricing is published at offerdaemon.com and may be updated from time to time with 30 days’ prior notice.

7.2. Payment Method. A valid credit card or other accepted payment method is required for all paid accounts. Payments are processed through our third-party payment processor (Stripe). You authorize us to charge your payment method for all applicable fees.

7.3. Automatic Renewal. Subscriptions automatically renew at the end of each billing period (monthly or annual) unless cancelled before the renewal date. For annual subscriptions, you must cancel at least 30 days before the end of the current billing period to avoid being charged for the next period.

7.4. Price Changes. We reserve the right to modify subscription fees. We will provide at least 30 days’ notice before any price increase takes effect. Continued use of the Service after a price change constitutes your acceptance of the new pricing. If you do not agree with a price increase, your sole remedy is to cancel your subscription before the new pricing takes effect.

7.5. Upgrades and Downgrades. Plan changes take effect immediately. For upgrades, you will be charged a prorated amount for the remainder of your current billing period. For downgrades, the new rate applies at the start of your next billing period. Downgrading may result in the loss of features, data, or capacity associated with your previous plan. We accept no liability for such loss.

7.6. Taxes. All fees are exclusive of applicable taxes, levies, and duties. The Company is established in the Canary Islands (Spain), which is outside the EU VAT territory. Prices do not include VAT, IGIC (Impuesto General Indirecto Canario), or any other applicable indirect tax. You are solely responsible for determining and paying all taxes, levies, and duties applicable in your jurisdiction, including but not limited to VAT, sales tax, GST, withholding tax, or reverse-charge obligations. The Company is not responsible for taxes based on your jurisdiction’s rules.

7.7. Failed Payments. If a payment fails, we will attempt to retry the charge using smart retry logic. If all retry attempts fail, your subscription will be cancelled and your account will be downgraded to the free tier. Access to paid features will be restricted until a valid payment method is provided.

8. Refund Policy

8.1. General Rule. All subscription fees, charges, and payments are non-refundable. There are no refunds or credits for partial periods of service, plan upgrades or downgrades, or unused portions of a subscription with an active account. In the interest of treating all customers equally, no exceptions are made.

8.2. Free Trial. The free trial period allows you to fully evaluate the Service before committing to a paid subscription. We strongly recommend using the trial period to determine whether the Service meets your needs. Your credit card will not be charged until the trial period expires.

8.3. Annual Subscriptions. If you purchased an annual subscription and wish to cancel, you may do so at any time. Cancellation takes effect at the end of the current billing period. No prorated refunds are issued for the remaining months of an annual subscription.

8.4. Exceptions. In exceptional circumstances — such as extended, unscheduled downtime of more than 72 consecutive hours caused solely by our infrastructure failure (not third-party services, scheduled maintenance, or force majeure) — we may, at our sole discretion, issue account credits. Such credits are not monetary refunds and can only be applied toward future subscription fees for the same account.

8.5. Billing Errors. If you believe you have been charged in error, you must contact us at [email protected] within 30 days of the charge. We will investigate and, if a billing error is confirmed, issue a refund or credit as appropriate. Claims submitted after 30 days may not be honored.

8.6. Chargebacks. Filing a chargeback or payment dispute with your bank or credit card company instead of contacting us directly may result in immediate suspension of your account pending resolution.

9. Data Ownership and Responsibilities

9.1. Your Data. You retain all rights, title, and interest in and to the data you upload, submit, or create through the Service (“Your Data”). We claim no intellectual property rights over Your Data.

9.2. License to Us. You grant us a limited, non-exclusive, worldwide license to use, store, process, and display Your Data solely for the purpose of providing and maintaining the Service.

9.3. Data Processing. In relation to personal data processed through the Service, you act as the data controller, and we act as the data processor. Our processing of personal data is governed by our Privacy Policy and, where applicable, a Data Processing Agreement.

9.4. Data Accuracy. You are solely responsible for the accuracy, quality, and legality of Your Data and the means by which you acquired it.

9.5. Data Export. You may export Your Data at any time through the Service’s export features (CSV export, API). We recommend maintaining regular backups of Your Data.

9.6. Data Deletion. Upon account cancellation or termination, Your Data will be deleted from the Service within 30 days. This deletion is irreversible. It is your responsibility to export any data you wish to retain before cancellation.

10. Intellectual Property

10.1. All rights, title, and interest in and to the Service — including its software, design, trademarks, logos, documentation, and all related intellectual property — are and shall remain the exclusive property of OfferDaemon or its licensors.

10.2. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during the term of your subscription.

10.3. You shall not reproduce, distribute, copy, modify, or create derivative works of the Service or its components without our prior written authorization.

10.4. Feedback. Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

11. Whitelabel and Branding

11.1. Whitelabel features (custom domain, removal of OfferDaemon branding) are available on eligible subscription tiers as described in the current plan details.

11.2. On non-whitelabel plans, you must maintain the “Powered by OfferDaemon” attribution visible on your publisher-facing dashboard.

11.3. The OfferDaemon name, logo, and trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion, or in any manner that disparages or discredits OfferDaemon.

12. Third-Party Services

12.1. The Service integrates with or relies on third-party services, including but not limited to payment providers (Stripe), authentication services (Supabase), hosting providers (DigitalOcean), and email delivery services.

12.2. Your use of such third-party services is subject to their respective terms and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

12.3. We are not liable for any damage, loss, or disruption caused by third-party services, even when accessed through the Service.

13. Confidentiality

13.1. Each party may have access to confidential information of the other party (“Confidential Information”). Confidential Information includes, but is not limited to, business plans, pricing, customer data, technical specifications, and proprietary algorithms.

13.2. Each party agrees to (a) keep the other party’s Confidential Information strictly confidential, (b) not disclose it to third parties without prior written consent, and (c) use it only for the purposes of these Terms.

13.3. These obligations do not apply to information that is (a) publicly available through no fault of the receiving party, (b) independently developed without reference to the disclosing party’s Confidential Information, or (c) required to be disclosed by law or court order.

14. Disclaimer of Warranties

14.1. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

14.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

14.3. WE DO NOT WARRANT THAT (a) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (d) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

14.4. We are not responsible for the content or legality of advertisements, offers, or campaigns run through the Service by Tenants, Affiliates, or any other users.

15. Limitation of Liability

15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OFFERDAEMON, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

15.2. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

15.3. The limitations in this section apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if we have been advised of the possibility of such damages.

15.4. We are not liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or telecommunications failures, or third-party service outages (“Force Majeure”).

16. Indemnification

16.1. You agree to indemnify, defend, and hold harmless OfferDaemon and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

(a) Your use of the Service.
(b) Your violation of these Terms.
(c) Your violation of any applicable law or regulation.
(d) Content or data you submit, upload, or transmit through the Service.
(e) Any claim by a third party (including Affiliates, publishers, advertisers, or end users) related to your marketing activities conducted through the Service.

16.2. We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense.

17. Suspension and Termination

17.1. Termination by You. You may cancel your subscription at any time through the Service’s billing management interface (Stripe Customer Portal) or by contacting us at [email protected]. Cancellation takes effect at the end of the current paid billing period. No refunds are issued for the remaining portion of the billing period.

17.2. Termination by Us. We may suspend or terminate your account immediately and without prior notice if:

(a) You breach any provision of these Terms.
(b) You use the Service for illegal purposes.
(c) You engage in fraudulent activity or abuse.
(d) Your payment fails and is not resolved after retry attempts.
(e) We receive a valid legal or regulatory request to do so.

17.3. Suspension. In cases of suspected violation, we may suspend your access to the Service while we investigate. During suspension, you have no right to a refund or discount for the suspension period.

17.4. Effect of Termination. Upon termination:

(a) Your right to access and use the Service ceases immediately.
(b) Your Data will be deleted within 30 days (see Section 9.6).
(c) Outstanding payment obligations survive termination.
(d) Sections 8, 9.1, 10, 13, 14, 15, 16, 19, and 20 survive termination.

18. Communications

18.1. By creating an account, you consent to receive electronic communications from us, including service announcements, billing notifications, security alerts, and administrative messages.

18.2. We may send product updates or promotional communications. You may opt out of promotional communications at any time, but you cannot opt out of essential service communications (e.g., billing, security, Terms changes).

18.3. You agree that all agreements, notices, and communications provided electronically satisfy any legal requirement that such communications be in writing.

19. Governing Law and Dispute Resolution

19.1. These Terms are governed by and construed in accordance with the laws of Spain.

19.2. Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 30 days.

19.3. If negotiation fails, the parties submit to the exclusive jurisdiction of the courts of Las Palmas de Gran Canaria, Spain, except where mandatory consumer protection rules require a different forum.

19.4. For customers located in the European Union, nothing in these Terms affects your statutory rights as a consumer under the applicable laws of your country of residence. If mandatory consumer protection rules in your jurisdiction provide a more favorable forum, those rules shall prevail.

19.5. Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights.

19.6. European Commission Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr. We are not obligated to participate in ODR proceedings but provide this link for informational purposes as required by EU Regulation 524/2013.

20. General Provisions

20.1. Entire Agreement. These Terms, together with the Privacy Policy and any order forms or supplemental terms, constitute the entire agreement between you and OfferDaemon regarding the Service and supersede all prior agreements.

20.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20.3. Waiver. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20.4. Assignment. You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

20.5. Amendments. We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days’ notice via email or in-app notification. Continued use of the Service after the effective date of any changes constitutes acceptance. If you do not agree with any changes, you must stop using the Service before the changes take effect.

20.6. Language. These Terms may be available in multiple languages. In case of any discrepancy, the English-language version shall prevail.

20.7. Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.

21. Contact Information

For questions about these Terms, please contact us:

Operator: Mikolaj Waszczuk (trading as OfferDaemon)
NIE: Y7198003Y
Address: c/Hinojo 31/34, 35110 Vecindario, Las Palmas de Gran Canaria, Spain
Email: [email protected]
Support: [email protected]
Billing: [email protected]
Website: https://offerdaemon.com

These Terms of Service are effective as of April 15, 2026.