Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) govern your access to and use of the Refuel platform, website, APIs, and related services (collectively, the “Service”) operated by Refuel Payments (“Refuel,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the Service. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

2. Service Description

Refuel is an affiliate marketing platform that enables businesses (“Companies”) to create and manage affiliate programs. The Service provides embeddable widgets, referral link generation, click and conversion tracking, fraud detection, analytics dashboards, and automated commission payouts. Individuals who promote Companies’ products through the Service are referred to as “Affiliates.”

Refuel acts as a technology platform facilitating the relationship between Companies and Affiliates. We are not a party to the underlying commercial transactions between Companies and their customers.

3. Account Terms

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials, including API keys and secret keys, and for all activity that occurs under your account.

You must be at least 18 years of age to use the Service. By creating an account, you represent that you meet this requirement and that you have the authority to bind the entity you represent to these Terms.

You must notify us immediately at hello@refuelpayments.com if you become aware of any unauthorized use of your account.

4. Acceptable Use

You agree not to use the Service to:

• Engage in fraudulent activity, including self-referrals, click fraud, cookie stuffing, or any scheme designed to artificially inflate commissions.
• Violate any applicable law, regulation, or third-party rights, including intellectual property rights and privacy rights.
• Distribute malware, spam, or any harmful or deceptive content through referral links or the platform.
• Attempt to circumvent fraud detection systems, rate limits, or other security measures implemented by the Service.
• Reverse engineer, decompile, or disassemble any part of the Service or its underlying technology.
• Use the Service to promote illegal products, services, or activities.

We reserve the right to suspend or terminate accounts that violate these terms, withhold commissions earned through fraudulent means, and report illegal activity to the appropriate authorities.

5. Payment Terms

Refuel processes all payments through Stripe Connect. By using the Service, you agree to comply with Stripe’s terms of service in addition to these Terms.

For Companies: You are responsible for setting your commission rate and funding affiliate payouts. Refuel charges a platform fee on commissions paid to affiliates, as specified in your pricing plan. Platform fees are non-refundable. Subscription fees, if applicable, are billed monthly and may be changed with 30 days’ notice.

For Affiliates: Commissions are calculated based on the commission rate set by the Company you are promoting. Commissions are subject to a holding period for fraud review before becoming eligible for payout. Minimum payout thresholds may apply.

Refuel reserves the right to withhold or reverse commissions that result from fraudulent, invalid, or reversed transactions.

6. Intellectual Property

The Service, including its software, design, logos, documentation, and all related intellectual property, is owned by Refuel Payments and is protected by copyright, trademark, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. This license does not include the right to sublicense, resell, or distribute the Service or any part thereof.

You retain ownership of all content and data you submit to the Service. By submitting content, you grant Refuel a worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing and improving the Service.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REFUEL PAYMENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO REFUEL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

8. Indemnification

You agree to indemnify, defend, and hold harmless Refuel Payments, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees) arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

9. Termination

You may terminate your account at any time by contacting us at hello@refuelpayments.com or through your account settings. Upon termination, your right to use the Service will immediately cease.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, fraudulent activity, non-payment, or extended inactivity.

Upon termination, any outstanding commissions that have cleared the fraud review period will be paid out in accordance with Section 5. Provisions that by their nature should survive termination shall survive, including Sections 6, 7, 8, and 10.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within thirty (30) days, either party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator’s decision shall be final and binding.

11. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Refuel Payments regarding the Service.

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

Waiver. The failure of Refuel to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

12. Contact

If you have any questions about these Terms, please contact us at hello@refuelpayments.com.