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 that is used for tracking the Tenant’s advertising activities in the area of affiliate marketing business (hereinafter referred to as the “Application”), primarily, but not only, to help market the Tenant’s services or products online on third-party websites by advertisements (those third parties hereinafter also referred to as the “Users”).

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 authorizes 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

• “User” means any natural person invited by the Tenant to access the Tenant’s space in the Application, including Affiliates and their authorized users.
• “User Data” means personal data relating to Users processed in connection with onboarding, account creation, access and use of the Application, tracking, support, security and billing.
• “Tenant Data” means all data the Tenant inputs into the Application including User 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 the content of his advertisements and its compliance with the laws in all jurisdictions where his advertisements shall be displayed 
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 relations and obligations towards the third parties (Affiliates) that will help market Tenant’s services or products online on their websites,
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 authorizes the Provider to present and capture both the Tenant and Provider consents in the user onboarding flow and to retain proof of acceptance.

Data Protection and Roles

The Tenant invites Users to the Tenant space in the Application. Each User provides consent and acceptance directly to the Tenant for Tenant activities in the Application. For these Tenant purposes the Tenant is the controller. Each User also provides a separate consent and acceptance to the Provider for Provider purposes needed to operate and secure the Application. For these Provider purposes the Provider is an independent controller. These purposes include account and access, security, fraud prevention, service logs, diagnostics, billing, and service analytics. The Provider Privacy Policy applies to this processing.

For Tenant configured campaigns, attribution and reporting, the Provider processes User Data on documented instructions from the Tenant in order to provide the Application to the Tenant.

The Tenant authorizes the Provider to present and record both the Tenant consent and the Provider consent in a single user onboarding flow and to store evidence of acceptance. Privacy requests about Tenant processing are forwarded to the Tenant. Privacy requests about Provider processing are handled by the Provider.

User onboarding and acceptance

The Tenant may invite Users, including Affiliates and their authorised users, to access the Tenant’s space in the Application. The Tenant is responsible for managing such Users’ access and permissions in its Tenant space and for ensuring that Users use the Application only for the Tenant’s legitimate business purposes.

The Provider may, at its sole discretion and without liability, suspend or terminate access for any 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.

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 is a paid service, with the exception of a basic free version with limited services, tools and functionalities. Once the Tenant exceeds any of the base free version limits, its access to the Application will be automatically suspended. The Tenant will then be offered one of the paid packages and charged the respective subscription fee by the Provider. For the avoidance of doubt, previous consent of the Tenant is not required for the redirection to one of the paid packages in the Application once any of the base free version limits is reached. The current base free version limits are published on the Provider’s website and may be changed unilaterally by the Provider with immediate effect after their publication.

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’s usage generates an excessive technical load on the Application (for example, unusually high volumes of clicks, requests or API calls) and such load results in disproportionate costs or risks to the Provider, the Provider may temporarily throttle, suspend or terminate the Tenant’s access. The Provider will make reasonable efforts to notify the Tenant in advance and may offer an upgraded plan or custom terms. If no agreement is reached or immediate action is required to protect the service, the Provider may terminate the Tenant’s account with immediate effect.

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.

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 authorization 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/yearly subscription fee (with rate based on a concrete package chosen by the Tenant). The monthly/yearly subscription fee shall be always paid in advance. The overage feeis due immediately after the end of a period for which it is charged. If the Tenant’s 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.

The Provider shall charge the monthly or yearly subscription fee from the Tenant’s account by means of the Tenant’s payment card or by a different payment method, if specifically agreed between the Provider and the Tenant in writing.

All subscription fees and overage fees are listed in the Provider’s price list published on https://paldock.com/pricing/.

All subscription fees are exclusive of all taxes and/or any other duties imposed by the respective tax authorities. The Tenant is solely and fully responsible for its tax payments and tax reporting duties.

Liability 

The Application is provided “as-is” without any warranty of any kind, unless specified otherwise in a separate Insertion order. The Provider undertakes to exert reasonable effort to ensure the accessibility and functionality of Application. However the access to the Application may be occasionally restricted due to maintenance, repairs or introduction of new features. Additionally, the Application may be occasionally affected by circumstances beyond Providers reasonable control. For the avoidance of doubts, a right to a discount as a right to terminate the Agreement immediately are explicitly excluded in case of temporary unavailability (inaccessibility) of the Application or its parts (individual functionalities).   

To the maximum extent permitted by law, the Provider is not liable for any damage arising out of or  relating to the access, use or inability to use of the Application. The Provider is not liable for the content and/or form of Tenant’s advertisements. The Provider shall not be held liable for any damage arising from a breach of a Tenant’s obligation to pay the relevant Affiliate in a complete and timely manner. 

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 computer equipment or data due to the Tenant’s access to the Application or the Provider’s websites. 

If the Provider is addressed by any subject (including, but not limited to any state authority), regardless of jurisdiction, with an assertion that any conduct via the Application is contrary to the law, the Tenant undertakes to shield the Provider and hold him harmless solely at Tenant’s expense. In such a case the Provider is also entitled to suspend access to the Application until the situation is corrected or explained to the Provider’s satisfaction. For avoidance of doubts the Tenant has no right for any reimbursement or discount for the period of Application suspension. The provisions of this article shall also apply accordingly in the event of an Affiliates assertion of any right towards the Provider.  

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 

These Terms, our contract & all mutual relations & obligations arising from it are governed by Czech law, in particular by the Act. No. 89/2012 Coll., Civil Code, as amended. 

The Provider is entitled to unilaterally change these Terms, provided that they notified Tenants about the amendment. All changes to these Terms are effective immediately upon publication. 

The Provider may provide specialized supplemental Terms of Service in the future as he might develop other Services. In such a case, if the specialized supplemental Terms of Services are in conflict with these Terms and it will not be clearly stated in the specialized supplemental Terms of Services otherwise, the special Terms of Service shall prevail. 

The Provider and the Tenant agreed that any dispute arising from using of the Application or in relation thereto shall be decided exclusively by the District Court Prague 1 (in case county courts have jurisdiction in the first instance) or by the Municipal Court Prague (in case regional courts have jurisdiction in the first instance).

These Terms might be available in different language versions. In case of any discrepancy between the English language version & any other version, the English language version shall prevail.