Terms of Sale

RefCampaign is a software platform (SaaS) operated by PAYET FABRICE, sole proprietorship, whose registered office is located at 20 ALLEE DES FLAMBOYANTS, 97429 PETITE-ILE, France, registered in the national business register under SIREN number 798 679 296. These Terms of Sale (ToS) aim to define the terms under which RefCampaign provides professional clients (hereinafter "the Merchant") with access to its affiliate SaaS platform. Any use of the service implies full acceptance of these conditions.

"Platform": the RefCampaign SaaS application accessible online. "Merchant": any professional client using the platform to manage their affiliate campaigns. "Affiliate": any person participating in a campaign set up by a Merchant via RefCampaign. "Service": all functionalities offered by RefCampaign. "Account": Merchant's personal space allowing access to the Service.

These ToS govern the provision of the RefCampaign Service and contractual relations between RefCampaign and the Merchant.

The ToS are accepted by the Merchant at the time of subscription or registration on the platform. RefCampaign reserves the right to modify these ToS, with the Merchant being informed by any appropriate means before the new provisions enter into force.

RefCampaign enables the Merchant to create and manage their affiliate campaigns, track affiliate performance and automate commission calculations. The Service is accessible 24/7, except for planned maintenance or force majeure.

The Merchant must provide accurate and up-to-date information when creating their account. Login credentials are personal and confidential. Any non-compliant use (fraud, resale, security circumvention) may result in account suspension.

Applicable rates are those displayed on the site at the time of subscription. Prices are exclusive of tax and are increased by applicable VAT. Payment is made in advance, by credit card or bank transfer, via a secure payment provider. RefCampaign may revise its rates with 30 days' notice.

The contract is concluded for an indefinite period with automatic monthly or annual renewal. The Merchant may cancel their subscription at any time from their account. RefCampaign may suspend or terminate access in case of serious breach, non-payment or abusive use.

The Merchant undertakes to use the platform in accordance with the law and not to distribute misleading or illegal campaigns. They are solely responsible for content, commission payments and declaration of their tax and social obligations.

**Service purpose** RefCampaign provides merchants with an online service (SaaS) to create, configure and track their affiliate programs, measure their performance and automate calculation of commissions due to their affiliates. RefCampaign acts exclusively as a software provider. The service does not constitute a payment platform, financial intermediation or revenue management in any way. **No fund management** RefCampaign does not collect or redistribute any amount on behalf of or for the merchant. Payments of commissions or remuneration due to affiliates are made directly by the merchant, outside the platform, according to terms they define and under their sole responsibility. RefCampaign does not guarantee payment or proper conduct of transactions between merchant and affiliates. **Merchant responsibilities** The merchant remains solely responsible for: • content, legality and compliance of their affiliate campaigns; • compliance with applicable regulations for advertising, data protection and competition; • verification of legal and tax status of their affiliates; • and declaration of expenses and commissions paid in accordance with applicable tax or social legislation. The merchant acknowledges that RefCampaign has no obligation to provide tax, social or legal advice. **Billing and VAT** RefCampaign subscription or usage fees are billed according to rates in effect at time of subscription. Prices are exclusive of tax, with applicable VAT added in accordance with regulations in force according to client's country. The merchant is responsible for full payment of amounts due to RefCampaign according to agreed terms. **Liability limitation** RefCampaign cannot be held responsible for indirect damage, loss of revenue, data, image or business interruption resulting from use of the service. In any event, RefCampaign's total liability, for all causes combined, is limited to the amount actually paid by the merchant over the twelve (12) months preceding the event giving rise to damage.

RefCampaign retains all intellectual property rights relating to the platform, code, trademarks and documentation. The Merchant has a non-exclusive, non-transferable right of use during the contract term.

RefCampaign acts as a processor within the meaning of GDPR for processing affiliate data. The Merchant is the data controller. RefCampaign implements technical and organizational measures to guarantee data confidentiality and security.

RefCampaign implements reasonable technical means to ensure data security. The Merchant is responsible for confidentiality of their credentials. In case of security incident, RefCampaign will inform the Merchant as soon as possible.

RefCampaign ensures corrective and evolutionary maintenance of the Service. Technical support is available by email. Temporary interruptions may occur for maintenance without entitlement to compensation.

RefCampaign is bound by an obligation of means. It cannot be held responsible for indirect damage, loss of revenue or data. Its total liability is capped at amounts paid over the last twelve months.

RefCampaign cannot be held responsible in case of force majeure (natural disasters, Internet outage, strike, war, etc.). Obligations are suspended for the duration of the event.

RefCampaign may subcontract all or part of its obligations (hosting, payments, maintenance). The Merchant cannot assign this contract without prior written authorization.

These ToS are governed by French law. Any dispute relating to their interpretation or execution falls under exclusive jurisdiction of the Commercial Court of Saint-Pierre, Réunion.

If a clause is deemed void, the others retain their validity. RefCampaign's failure to assert a right does not constitute waiver. Electronic exchanges and access logs constitute evidence between parties.