General Terms of Service

Intro

Leadgen Labs s.r.o., a company registered in the commercial register maintained by the Municipal Court in Prague, Section C 247987, identification number 04458206, with its registered office at Příčná 1892/4, 110 00 Praha, Czech Republic (hereinafter referred to as the “Provider”), provides its customers (hereinafter referred to as the “Tenant” or the “Tenants”) a web-based application used to manage and track activities in the area of affiliate marketing (hereinafter referred to as the “Application”), including campaign setup, cooperation between advertisers, affiliates and networks, and related tracking, attribution, reporting, and lead capture and distribution (as applicable). Users of the Application may include the Tenant’s internal users as well as authorised users of third parties collaborating with the Tenant in affiliate marketing, such as advertisers, affiliates and networks (collectively, “Users”). A Tenant may act as an advertiser, an affiliate, or an affiliate network.

By accessing and using the Application, the Tenant enters into a contractual relationship with the Provider (the “Agreement”) and acknowledges that the Tenant has read and understood these General Terms of Service (the “Terms”) and the Provider’s Privacy Policy and agrees to be bound by both. The Tenant also acknowledges and authorises that, for the purpose of providing the Application, the Provider will process personal data of Users invited by the Tenant to the Tenant’s space in the Application collectively, “User Data” as further described in the Data Protection and Roles section below.

Definitions

• “Users” means any natural person authorised by the Tenant to access the Tenant’s space in the Application, including the Tenant’s internal users and authorised users of third parties collaborating with the Tenant (such as advertisers, affiliates and networks).
• “User Account Data” means personal data processed by the Provider as an independent controller to create and administer User accounts and access to the Application and to operate and secure the Application, including authentication data, access credentials, access logs, security logs, service logs, billing identifiers, and communications related to account administration and support.
• “User Data” means personal data relating to Users processed within the Tenant space in connection with access and use of the Application for Tenant purposes, such as User identity, role, permissions, and activity within the Tenant space, to the extent this constitutes personal data under applicable law.
• “Lead Data” means personal data of end customers or prospects submitted to, collected in, or processed through the Application on behalf of the Tenant, including data received via forms, APIs, imports, webhooks, postbacks, or similar integrations, for the purpose of lead capture, lead distribution, attribution, reporting, or related Tenant marketing activities.
• “Tracking Data” means technical identifiers and event data generated through the use of the Application for tracking and attribution, such as click identifiers, event identifiers, timestamps, URLs, user agent strings, device or browser information, and IP addresses, to the extent such data constitutes personal data under applicable law.
• “Tenant Data” means all data the Tenant inputs into or processes through the Application, including User Data, Lead Data, and Tracking Data
• “Provider Diagnostic Data” means service logs, telemetry, security and billing identifiers that the Provider needs to operate, secure and improve the Application.

Tenant’s declarations

By accessing and using the Application the Tenant declares that:

1. he is a business entity with full legal capacity without any limitations. The Application is intended for a commercial use only. All users accessing the Application on behalf of a Tenant must be over 18 years old, accessing the Application through an automated solution (a robot) is strictly forbidden.  
2. he is aware that he is solely and fully responsible for its marketing materials, promotions, placements, creatives, landing pages and overall compliance with the laws in all jurisdictions where such activities are carried out.
3. he provides the Provider with true and accurate data at all times. In case of any changes in Tenant’s data during the relationship with the Provider, the Tenant shall notify the Provider about that without any undue delay. If the data provided are not true and accurate, the Provider reserves a right to block or even cancel the access to the Application with immediate effect. 
4. he is aware that he shall be charged by the Provider for the use of Application according to the range of service used 
5. he is aware that he is solely and fully responsible for his relationships and obligations towards other Users and third parties collaborating with the Tenant (including advertisers, affiliates and networks), including the content and compliance of any marketing activities, placements, creatives, landing pages, and disclosures required by applicable law.
6. he is aware that he is solely and fully responsible for the security of his username(s) and password(s). The Provider shall not be held liable for any damage arising from Tenant’s security failure,
7. he agrees and understands that the Provider uses hosting partners and other third party vendors to provide the necessary software and hardware to run the Application. 
8. he acknowledges the Provider’s processing of User Data as described in the Data Protection and Roles section, including the Provider’s independent-controller processing to operate and secure the Application.
9. he authorises the Provider to present and capture both the Tenant and Provider acceptance in the user onboarding flow and to retain proof of acceptance.

Data Protection and Roles

Tenant as controller for Tenant Data
The Tenant determines the purposes and means of processing of Tenant Data, including Lead Data, Tracking Data, and User Data within the Tenant space, in connection with the Tenant campaigns, lead capture, lead distribution, attribution, and reporting. For these purposes, the Tenant acts as the controller and is responsible for ensuring a valid legal basis, transparency notices, and any required consents towards end customers, prospects, Users, and other data subjects.

Provider as processor for Tenant Data, including Lead Data
For the purpose of providing the Application to the Tenant, the Provider processes Tenant Data strictly on documented instructions from the Tenant and acts as a processor for such processing. The Provider will not process Tenant Data for its own purposes. The Provider may process Tenant Data only as necessary to provide, maintain, and support the Application, including troubleshooting, customer support, and implementing security measures, always in a manner consistent with the Tenant instructions and these Terms.

Provider as independent controller for User Account Data and Provider Diagnostic Data
The Provider processes User Account Data and Provider Diagnostic Data as an independent controller for purposes necessary to operate, secure, maintain, and improve the Application, including account and access management, authentication, security monitoring, fraud prevention, service logs, diagnostics, billing, and service analytics. The Provider Privacy Policy applies to this processing.

Lead Data anonymisation
Where available, the Application may provide functionality allowing the Tenant to anonymise Lead Data in the Application. The Tenant may configure anonymisation to occur immediately upon receipt of Lead Data or after a configurable retention period following receipt. After anonymisation, the data is no longer intended to identify a natural person. The Tenant acknowledges that anonymisation may limit certain features, reporting, attribution, or support capabilities, depending on configuration. The Provider will not attempt to reverse anonymisation or re-identify anonymised data.

Data residency and processing locations
Where offered for the selected plan or agreed in an order form, the Tenant may select a primary data region for storage and processing of Tenant Data, typically within the European Union or the United States. The Provider will use reasonable efforts to process and store Tenant Data in the selected region. The Tenant acknowledges that limited cross region access may occur where necessary for support, security, and reliability, including by authorised personnel and subprocessors, subject to appropriate safeguards and confidentiality obligations. Any additional regions, if offered, will be described on the Provider website or agreed in an order form.

Data Processing Addendum

This Data Processing Addendum forms part of the Agreement and applies to the processing of personal data included in Tenant Data.

Scope and roles
For Tenant Data, including Lead Data and Tracking Data, the Tenant acts as controller and the Provider acts as processor. Provider Diagnostic Data and User Account Data are processed by the Provider as independent controller as described in these Terms.

Documented instructions
The Provider will process Tenant Data only on documented instructions from the Tenant. The Tenant instructions include, in particular, the Tenant configuration and use of the Application features and any written instructions provided through support channels. The Provider may process Tenant Data to comply with applicable law.

Confidentiality of personnel
The Provider ensures that persons authorised to process Tenant Data are bound by confidentiality obligations.

Security measures
The Provider will implement appropriate technical and organisational measures designed to protect Tenant Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure, or access. High level information about measures may be provided on request. The Tenant acknowledges that security measures may evolve over time.

Subprocessors
The Tenant authorises the Provider to use subprocessors to process Tenant Data for the purpose of providing the Application. The Provider will impose data protection obligations on subprocessors consistent with this Addendum and remains responsible for their performance. A current list of subprocessors may be published on the Provider website or made available on request. The Provider will use reasonable efforts to notify the Tenant of material changes to subprocessors where practicable.

International transfers
Where processing of Tenant Data involves transfers outside the EEA, the Provider will ensure appropriate safeguards are in place, such as standard contractual clauses, where required.

Assistance and data subject requests
The Provider will provide reasonable assistance to the Tenant to respond to data subject requests, taking into account the nature of processing and the information available to the Provider. The Provider may charge reasonable fees for excessive or manifestly unfounded requests.

Personal data breach
The Provider will notify the Tenant without undue delay after becoming aware of a personal data breach affecting Tenant Data and will provide information reasonably necessary to support the Tenant compliance obligations.

Deletion and return
Upon termination of the Agreement, the Provider will, at the Tenant choice, delete or return Tenant Data within a reasonable time, unless retention is required by law or for legitimate security and compliance purposes. The Tenant is responsible for exporting Tenant Data prior to termination.

Audit
Upon written request and no more than once per year, the Provider will make available reasonable information necessary to demonstrate compliance with this Addendum, such as third party audit summaries or security documentation, where available, subject to confidentiality and security restrictions.

User onboarding and acceptance

The Tenant may invite Users, including Affiliates and their authorised users, to access the Tenant space in the Application.

Each such User is provided with an account in the Application and, as part of onboarding, accepts these Terms and acknowledges the Provider Privacy Policy for purposes of account and access management, authentication, security monitoring, fraud prevention, service logs, diagnostics, billing, and service analytics. The Provider stores evidence of such acceptance.

The Tenant is responsible for managing invited Users access and permissions within its Tenant space and for ensuring that invited Users use the Application only for the Tenant legitimate business purposes. The Tenant remains responsible for its relationship with invited Users and for any Tenant specific processing of personal data within the Tenant space. Where the Tenant requires its own terms, notices, or consents from invited Users for Tenant purposes, the Tenant may present them within the Tenant onboarding flow and the Provider may record evidence on the Tenant behalf on documented instructions from the Tenant.

The Provider may, at its sole discretion and without liability, suspend or terminate access for any invited User if the Provider reasonably believes that the User engages in conduct that would constitute a breach of these Terms if performed by the Tenant, or compromises or attempts to compromise the security, stability, or proper functioning of the Application.

Privacy requests related to Tenant processing are handled by the Tenant. Privacy requests related to Provider processing are handled by the Provider.

The Application (provided services) and acceptable use

Packages and scope of services
In the Application, the Provider offers different packages with different ranges of services, tools and functionalities. These services, tools and functionalities are designed to facilitate and improve the Tenant’s marketing activities via third parties in the area of affiliate marketing. The detailed content of individual packages is specified on the Provider’s website, as well as the respective subscription fees and other individual conditions.

Free version and limits
The Application may be available under a base free plan with defined usage limits published on the Provider website or in the Application. If the Tenant reaches the applicable free plan limit, the Provider will notify the Tenant in the Application and, where available, by email.

If the Tenant exceeds the free plan limit, the Provider will grant a grace period of seven calendar days to allow the Tenant to upgrade to a paid package or to reduce usage back within the free plan limits. During the grace period the Provider may apply reasonable technical measures to prevent further excess usage, for example by limiting new tracking events, requests or API calls, while keeping the Tenant access to the Application and data available for review and upgrade. If the Tenant does not upgrade and does not return within the free plan limits by the end of the grace period, the Provider may suspend the Tenant access to the Application until the Tenant upgrades or usage returns within the free plan limits.

Paid packages, limits and overage fees
The Application’s paid packages may also have limits on the range of services, tools and functionalities provided in the respective package. These limits are specified in detail on https://paldock.com/pricing/.

• When automatic upgrade is enabled (default). Automatic upgrade is enabled by default and can be managed in the Application settings. If the Tenant exceeds any limits of its current package during a billing period, the Provider may immediately upgrade the Tenant to the next package tier for the remainder of that billing period and charge the price difference between the original and higher package (pro-rated for the remaining days), as set out on https://paldock.com/pricing/. From the next billing period, the Tenant is charged the full subscription fee for the higher package unless the Tenant requests a downgrade, which will take effect from the following billing period.
• When automatic upgrade is disabled. If the Tenant disables automatic upgrade in the Application settings and then exceeds any limits of its current package during a billing period, the Tenant remains on that package and the excess usage is billed as an overage fee at the end of the billing period, in addition to the regular subscription fee, in accordance with the price list on https://paldock.com/pricing/.

For the avoidance of doubt, by accepting a paid package the Tenant authorises the Provider to charge the Tenant’s chosen payment method for the relevant subscription fees and any additional amounts arising under these Terms, including automatic upgrades and usage beyond package limits.

Excessive load and fair use
The Application is provided on a fair use basis. If the Tenant usage creates an excessive technical load that materially affects the stability, security or performance of the Application, or causes disproportionate costs to the Provider, the Provider may apply proportionate technical measures to protect the service.

The Provider will use reasonable efforts to notify the Tenant in advance and provide a cure period of seven calendar days to remedy the situation, for example by reducing usage, upgrading to a higher package, or agreeing on custom terms.
During the cure period the Provider may temporarily throttle or limit specific high load functions while keeping the Tenant access to the Application and data reasonably available.

If the Tenant does not remedy the excessive load within the cure period, the Provider may suspend access until the issue is remedied. Immediate action without prior notice may be taken only where necessary to protect the Application or other customers, for example in cases of security incidents, suspected abuse, fraud, or unlawful activity. In such cases the Provider will notify the Tenant as soon as reasonably practicable.

Accurate transaction reporting
The Tenant is obliged to ensure that all valid transactions, conversions and other billable generated events are properly reported and recorded in the Application. This obligation applies regardless of whether tracking is implemented via technical integration (postback, API, pixel or similar) or by manual upload. Deliberately failing to implement tracking, disabling or bypassing tracking, or intentionally withholding transactions from the Application will be treated as artificial revenue manipulation and a material breach of these Terms.

Reporting currency and FX conversions
The Application may allow Users to select a preferred display currency for reporting and dashboard purposes. Any currency conversions shown in the Application are provided for convenience only and are indicative. They are calculated using exchange rates determined by the Provider or obtained from third party sources at a given time and may include rounding.

For the avoidance of doubt, commissions, payouts, and any invoicing between the Tenant and other Users or third parties are governed by the original currency of the relevant offer, program, or transaction as recorded in the Application (the “Offer Currency”). The display currency does not change the underlying transaction currency and does not constitute an accounting, tax, or invoicing record.

Artificial revenue manipulation
Any form of artificial revenue manipulation is strictly prohibited within the Application. This includes, in particular, intentionally reducing authentic Affiliate-generated revenue figures. Engaging in such activities will result in immediate account termination, in accordance with the Termination section of the Terms. The Provider is fully committed to upholding the integrity of the Application and ensuring its fair and honest use by all its users.

Intellectual property rights
All rights, above all but not limited to intellectual property rights, to the Application are licensed to or owned by the Provider. The Application shall not be reproduced, distributed or copied without prior written authorisation by the Provider.

Prohibited uses
The Tenant shall not use or promote (or instruct others to use) the Application for any fraudulent, illegal or otherwise harmful purpose, above all but not limited to any criminal behavior, terrorism, pornographic or defamatory material. The Tenant shall not use any software or other technical device to attempt to interfere with the proper functioning of the Application.

Price 

The price for the services provided in the Application is billed as a monthly or yearly subscription fee based on the package chosen by the Tenant. Subscription fees are charged in advance for each billing period. Overage fees are charged at the end of the billing period in which they accrue, unless agreed otherwise. If the Tenant package is upgraded during a billing period in accordance with these Terms, the Provider may charge the applicable price difference for that period immediately upon the upgrade.

By selecting a paid package, the Tenant authorises the Provider to charge the Tenant chosen payment method on a recurring basis for subscription fees, any applicable overage fees, and other amounts due under these Terms. If the parties agree in writing on an alternative payment method, the Provider may invoice the Tenant electronically, with payment due within fourteen calendar days from the invoice date unless a different due date is agreed in an insertion order or order form.

If a payment fails or is reversed, the Provider may retry the charge and may suspend access to the Application after providing notice in the Application and, where available, by email. Access will be restored after all outstanding amounts are paid.

Except where required by applicable law or expressly agreed in a separate insertion order or order form, fees are non refundable and the Provider does not provide refunds or credits for partial billing periods, unused capacity, downgrades, or unused services.

All subscription fees, overage fees, package descriptions, and applicable limits are listed in the Provider price list published on https://paldock.com/pricing/. All fees are exclusive of taxes and duties imposed by applicable authorities. The Tenant is solely responsible for its tax payments and tax reporting obligations.

Confidentiality

Confidential Information
Confidential Information means any non public information disclosed by one party to the other in connection with the Agreement, whether in written, oral, visual, electronic, or other form, including business, technical, financial, commercial, product, and security information, the Application, documentation, pricing for the Tenant, and Tenant Data. Confidential Information does not include information that the receiving party can demonstrate is publicly available without breach, was lawfully known before disclosure, is independently developed without use of Confidential Information, or is lawfully received from a third party without restriction.

Confidentiality obligations
The receiving party will use Confidential Information only as necessary to perform its obligations and exercise its rights under the Agreement, will protect it with at least reasonable care, and will not disclose it to any third party except to its employees, contractors, and subprocessors who have a need to know and are bound by confidentiality obligations at least as protective as these Terms.

Compelled disclosure
If the receiving party is required by law or by an authority to disclose Confidential Information, it will, to the extent legally permitted, notify the disclosing party in advance and cooperate to seek protective measures. The receiving party will disclose only the minimum required.

Return or deletion
Upon termination of the Agreement and upon request, the receiving party will return or delete the other party Confidential Information, except where retention is required by law or for legitimate compliance, security, or audit purposes.

Duration
These confidentiality obligations apply during the Agreement and for three years after termination. Trade secrets remain protected as long as they remain trade secrets.

Liability

Disclaimer and availability
The Application and any related services are provided as is and as available, unless expressly agreed otherwise in a separate insertion order or order form. The Provider will use reasonable efforts to maintain the accessibility and functionality of the Application. The Tenant acknowledges that access to the Application may be temporarily limited due to maintenance, repairs, updates or circumstances beyond the Provider’s reasonable control. For the avoidance of doubt, the Tenant has no right to a discount and no right to terminate the Agreement with immediate effect solely due to temporary unavailability of the Application or any part of it.

Exclusion of certain types of damages
To the maximum extent permitted by law, in no event shall the Provider be liable for any indirect, incidental, special, exemplary, punitive or consequential damages, or for any loss of profit, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption or procurement of substitute services, arising out of or relating to the Agreement, these Terms or the access to, use of, or inability to use the Application, regardless of the legal basis of the claim and even if the Provider has been advised of the possibility of such damages.

Financial limitation of liability
To the maximum extent permitted by law, the Provider total aggregate liability for any and all claims arising out of or relating to the Agreement, these Terms, or the Application shall not exceed the total amount of subscription fees actually paid by the Tenant to the Provider for the Application during the three months immediately preceding the event giving rise to the claim, unless a different cap is expressly agreed in a separate insertion order or order form.

Exceptions and clarifications
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law. The exclusions and limitations in this Liability section shall not apply to liability for death or personal injury caused by the Provider’s negligence, or to fraud or wilful misconduct, to the extent such liability cannot be excluded.

The Provider is not responsible for the content, form or legality of the Tenant’s advertisements, the Tenant’s compliance with laws in any jurisdiction, or for any acts or omissions of the Tenant’s Affiliates or other third parties engaged by the Tenant. The Provider shall not be liable for any damage arising from the Tenant’s failure to pay any Affiliate or other third party in full and on time.

To the maximum extent permitted by law, the Provider is not liable for any loss or damage caused by viruses or other technologically harmful material that may infect the Tenant’s equipment or data due to the Tenant’s access to the Application or the Provider’s websites.

The limitations and exclusions in this Liability section do not limit the Tenant’s obligation to pay all fees and other amounts due under the Agreement, including subscription fees, overage fees and any applicable taxes.

Tenant indemnity
If the Provider is addressed by any third party, including any authority, with an assertion that any conduct of the Tenant or any User via the Application is contrary to law, infringes rights, or otherwise gives rise to a claim, the Tenant undertakes to defend the Provider and hold the Provider harmless, solely at the Tenant’s expense, from and against any damages, losses, liabilities, costs and expenses, including reasonable legal fees, arising from such claim. In such a case the Provider is entitled to suspend access to the Application until the situation is corrected or explained to the Provider’s satisfaction. The Tenant has no right to any reimbursement or discount for the period of suspension.

Termination 

The Tenant is entitled to terminate the Agreement without a reason. Termination notice shall be given to the Provider via the Application or sent by the email to support@paldock.com. Termination notice shall be considered as delivered immediately when given via the Application or the third working day when sent by the email. The Agreement will be terminated by the end of the last paid subscription period.  

The Provider is entitled to terminate the Agreement with immediate effect in case of a Tenant’s breach of these Terms, primarily, but not only, in case of using the Application for any illegal purposes. In such a case the Tenant is not entitled to demand a refund of any part of the subscription fee paid. The Tenant shall not violate any laws of the respective jurisdiction in which he advertises his services or products with any help of the Application. 

Final provisions

Governing law
These Terms, the Agreement, and all mutual relations and obligations arising from them are governed by Czech law, in particular Act No. 89/2012 Coll., the Civil Code, as amended.

Changes to these Terms
The Provider may amend these Terms from time to time. The Provider will notify the Tenant about material amendments in the Application and, where available, by email. Unless a longer period is required by applicable law, amendments become effective fourteen calendar days after the notice is given. If the Tenant does not agree with the amendment, the Tenant may terminate the Agreement by giving notice to the Provider before the effective date of the amendment. Continued use of the Application after the effective date constitutes acceptance of the amended Terms.

Supplemental terms
The Provider may provide specialized supplemental terms of service for additional services or features. If such supplemental terms conflict with these Terms, the supplemental terms prevail for the relevant service or feature, unless explicitly stated otherwise.

Notices
Notices under these Terms must be provided in writing. The Provider may provide notices to the Tenant by email to the Tenant administrator email address, by in Application notification, or by posting an update within the Application. Notices to the Provider must be sent to support@paldock.com unless a different address is specified in an insertion order or order form. Email notices are deemed received on the next business day.

Assignment
The Tenant may not assign the Agreement without the Provider prior written consent. The Provider may assign the Agreement to an affiliate, or in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of its assets, by providing notice to the Tenant.

Force majeure
Neither party is liable for any failure or delay in performance to the extent caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, strikes, epidemics, power outages, internet or telecommunications failures, third party service failures, governmental actions, or denial of service attacks, provided that the affected party uses reasonable efforts to mitigate the impact and resumes performance as soon as reasonably practicable. If a force majeure event continues for more than thirty calendar days, either party may terminate the Agreement by written notice.

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

No waiver
Failure to enforce any provision of these Terms is not a waiver of future enforcement of that provision or any other provision.

Relationship of the parties
The parties are independent contractors. Nothing in these Terms creates a partnership, agency, fiduciary relationship, or employment relationship between the parties.

Survival
Sections relating to intellectual property, confidentiality, liability, payment obligations, dispute resolution, and any provisions that by their nature should survive, survive termination of the Agreement.

Limitation period
To the maximum extent permitted by law, any claim arising out of or relating to the Agreement or these Terms must be brought within one year of the event giving rise to the claim.

Jurisdiction
The Provider and the Tenant agree that any dispute arising from use of the Application or in relation thereto shall be decided exclusively by the District Court Prague 1 if district courts have jurisdiction in the first instance, or by the Municipal Court in Prague if regional courts have jurisdiction in the first instance.

Language versions
These Terms may be available in different language versions. In case of any discrepancy between the English language version and any other version, the English language version prevails.