Last update: 1 December 2023

1. INTRODUCTION

These General Terms and Conditions constitute a legal agreement between you, as a user of the web application ("AFFIZY NETWORK") and DPIXEL AGENCY 28 SRL., A company established and existing in accordance with the laws of Romania, registered at the Trade Register under no. J23/7299/2023, unique registration number 49052240 and having its headquarters located on Str. Vlasiei 20, Pantelimon, Romania, as the owner of the AFFIZY NETWORK web application.

In these General Terms and Conditions, we will refer to you as "your" or "yours" and we will refer to DPIXEL AGENCY 28 SRL as “us”, “ours” or “AFFIZY” and together as “us”.

2. APPLICABILITY

These Terms and Conditions set out the general terms and conditions governing access to and use of the AFFIZY Network Application by you either

(1) as a user of the AFFIZY Network Application using it as a representative of a company or as a registered natural person for non-commercial purposes, or

(2) as a user of the AFFIZY Network Application using it as an PUBLISHER/AFFILIATE (as defined in the term below).

These General Terms and Conditions apply to you immediately upon first accessing the AFFIZY Network Application, and it is deemed that you have agreed to be bound by them as a result of this first access. When accepted by you, the General Terms and Conditions represent a contract between you and AFFIZY. If you do not wish to continue to be bound by these General Terms and Conditions, please stop using the AFFIZY Network Application now.

3. LINKS TO OTHER CONTRACTS AND / OR WEBSITES

In addition to these General Terms and Conditions, we will enter into other contracts.

Thus, if you use the AFFIZY Network Application as a representative of a company or as a registered individual for non-commercial purposes, you will also be required to comply with special terms and conditions ("License Agreement").

If you use the AFFIZY Network application as an affiliate, you will also be required to comply with special terms and conditions ("License Agreement and Content Creation").

Furthermore, by accessing the AFFIZY Network Application, you are deemed to have accepted our Privacy Policy and Cookies Policy contained on this page, which sets out the details of how your personal data will be processed by us upon access. to the AFFIZY Network Application.

All users will be aware that the following types of content are prohibited: content that harasses, intimidates, or incites hatred; content that includes obscene, vulgar, or offensive language or gestures; content that promotes or encourages violence; sexual content or explicit nudity.

All such contracts that we may enter into and the notices that we provide to you from time to time regarding access to and / or use of the AFFIZY Network Application are referred to as "Application Documents" and are intended to be consistent with each other and should be read. interpreted together. In the event of a conflict, the terms of any agreement to which you agree after acceptance of these General Terms and Conditions will prevail over these General Terms and Conditions, while the terms of these General Terms and Conditions will prevail over the terms of any agreement you enter into. - you have accepted or the notifications provided to you prior to these General Terms and Conditions.

The AFFIZY Network application may contain links to other websites and / or social platforms. These other websites and / or social platforms are subject to the terms and conditions applicable to those websites and / or social platforms. You are encouraged to review these applicable terms and conditions before accessing, engaging in, or interacting with these links.

4. ACCESS TO THE AFFIZY NETWORK APPLICATION

Your interactions and communications with us will take place almost entirely through the AFFIZY Network Application. There are some exceptions where we may interact and communicate with you directly via email, telephone or in person, as indicated in point 8 below, but in general you should expect that you will not be able to communicate with us by means other than through the AFFIZY Network Application.

After accessing the AFFIZY Network Application, you will be asked to create an account and provide certain information in your profile, as described below:

4.1 ACCESS TO THE AFFIZY NETWORK APPLICATION AS A MEMBER AND ELIGIBILITY CRITERIA

If you intend to access and use the AFFIZY Network application as a person who meets the eligibility criteria listed below ("PUBLISHER"), you will need to create an PUBLISHER Account and provide certain information, such as your full name, in your profile. e-mail address, telephone number, country and Wallet address BTC or AFZY.

You can withdraw your winnings once you reach the threshold equivalent to $100. In order to make payments to you, you must have a Bitcoin (BTC) or AFFIZY Token (AFZY) wallet address in the profile section. Details on setting up a Bitcoin or AFZY wallet.

Publisher hereby assigns all intellectual property rights it owns over any content created as a result of the provision of the Content Creation Services, as defined herein, including, but not limited to, the copyright to all works in connection with the realization of a Collaboration ("Campaigns"), as well as on other works that appear and / or may appear in the future from or in connection with the Works, to AFFIZY, for the entire duration of the protection provided by law and without territorial limitation (global).

The total and exclusive assignment of all intellectual property rights shall include all manner (s) provided by law for the use of the Works in any form and on any medium, including any form or medium that may be developed in the future and not specified at the time of conclusion. including, but not limited to, the right to use the copyrighted works for any purpose, to reproduce and communicate them to the public by any means and on any medium, to create derivative works, to grant use licenses , distribution or export thereof and assign them in whole or in part to any third party.

The price for the total, exclusive and unlimited assignment in the territory of all Intellectual Property Rights is included in the Content Creation Fee communicated to us by the Publisher upon accessing a certain Campaign.

5. USING THE AFFIZY Network APP

5.1 AS AN PUBLISHER

Once you've set up your Publisher Account, you can start connecting and collaborating with Brands (Advertisers) that use the AFFIZY Network application. Once we've verified that your account meets the AFFIZY Network eligibility criteria, you'll be able to access Brands Collaboration Offers. We will generate and send you a License and Content Creation Agreementx

5.2 CANCELED COMMISSIONS (new )

If, at any time, it is discovered that a Publisher has attempted to manipulate or hack our tracking system in an effort to earn commissions through fraudulent means, Affizy Network reserves the right to investigate and upon substantiated evidence, take appropriate action. This may include the removal of any suspected amounts earned through illegitimate methods, the suspension of the Publisher's account or other measures deemed necessary to maintain the integrity of the network.

You will provide Content Creation Services in accordance with the Collaboration Requirements, Publication Guidelines, and the License and Content Creation Agreement.

You can withdraw your winnings once you reach the threshold equivalent to $100. In order to make payments to you, you'll need to create an Publisher Account and provide certain information in your profile, such as your full name, email address, phone number, country, and BTC or AFZY Wallet address.

6. INTELLECTUAL PROPERTY

For the purposes of these General Terms and Conditions, "Intellectual Property Rights" means any intellectual property rights (including industrial property rights), as well as any other similar rights that may exist anywhere in the world (worldwide), including but not to be limited to, copyright, related rights, similar rights to copyright, sui generis rights, including sui generis rights in databases, other rights that may be subsequently recognized in databases, any rights in any software computer rights, any rights in any software and hardware configuration, rights to inventions, rights to a patent, rights arising out of a patent application, rights arising out of a patent certificate, rights related to a technical achievement, rights to utility models, rights deriving from a utility model application, rights deriving from a model certificate rights, rights deriving from a trade mark application, rights deriving from a trade mark certificate, rights relating to a geographical indication, rights deriving from a certificate of geographical indication, rights relating to ornamental designs, rights deriving from from applications for designs, rights deriving from ornamental design certificates, rights to semiconductor topographies, rights deriving from topography and semiconductor certificates, trade / trade name rights, domain name rights, know-how rights, rights to confidential information (including, but not limited to, trade secrets) and any other intellectual property and other similar or equivalent rights that exist or will arise in the future worldwide, whether or not they are registered with the renewals , their extensions, restitutions, as well as all claims related to this right (registered or unregistered), all registrations and ongoing registrations in respect of any of the above rights, the benefit of any ongoing registration and the right to file the registration of such rights, as well as all rights, powers or benefits relating to the action or results therefrom in respect of any of the above rights, including infringement actions and the right to sue for the recovery of any damages for previous infringements, the benefit of any ongoing registration and the right to file for registration of such rights, and all rights, powers or benefits in connection with or arising out of any action relating to any of the above rights, including actions for infringement and the right to sue for any damages for previous infringements, the benefit of any registration being and the right to file cases for the registration of such rights, as well as all rights, powers or benefits in connection with or arising therefrom, in respect of any of the above rights, including actions against infringement and the right to sue to recover any damages for previous violations.

By accessing and / or using the AFFIZY Network Application, you understand that DPIXEL AGENCY 28 is the owner of all Intellectual Property Rights in the AFFIZY Network Application and no clause included in these General Terms and Conditions is construed as an assignment of the Intellectual Property Rights.

By using the AFFIZY Network application, you understand that DPIXEL AGENCY 28 grants you, during these General Terms and Conditions and in Romania, the limited right to use the AFFIZY Network application to facilitate your access to the creation of marketing campaigns or social networking posts through the affiliate.

7. DISCLAIMER OF LIABILITY

DPIXEL AGENCY 28 is not a financial, investment and / or legal advisor, nor does it provide financial, investment and / or legal services. The purpose of the AFFIZY Network Application is to facilitate the creation of marketing campaigns or posts on social networks by registered companies for non-commercial purposes through affiliates.

We make no representations or representations (express or implied) that the AFFIZY Network Application will meet your requirements, that it will be of satisfactory quality, that it will be suitable for a particular purpose, that it will be compatible with all systems, or that it will be secure.

Nothing in these General Terms and Conditions is intended to constitute advice, and the content of the AFFIZY Network Application should not be the basis for any decision or action of any kind.

The AFFIZY Network application is provided "as is" and "subject to availability" and we do not warrant that it will be free from defects and / or malfunctions.

We accept no liability for the interruption or unavailability of the AFFIZY Network Application resulting from external causes, including, but not limited to, equipment malfunctions, communications network failures, power outages, natural events, acts of war, or legal restrictions. and censorship. To the fullest extent permitted by law, we accept no liability for any loss or damage, direct or indirect, foreseeable or otherwise, including any indirect, related or special damages resulting from your access to and / or use of the AFFIZY Network Application, or any information contained therein and you use the AFFIZY Network Application and its contents at your own risk.

8. COMMUNICATION

Any notice from you to us regarding these General Terms and Conditions and / or access to and / or use of the AFFIZY Network Application will be emailed to support@affizy.com

If you have a complaint regarding any aspect of these Terms and Conditions and / or access to and / or use of the AFFIZY Network Application, you should report it to us immediately by sending an e-mail with the word "complaint" in subject line, from the email address you provided in Account to support@affizy.com.

We will send a reply to your email no later than 3 days after we receive it. We may need to ask you questions in order to understand the details of your complaint, and any questions we may have, as well as any answers we may provide, will be sent by e-mail to the e-mail address on which you provided in your Account.

From time to time we may choose not to interact or communicate with you through the AFFIZY Network Application. In this case, we may send you emails with information about these General Terms and Conditions and / or the AFFIZY Network Application to the email address you provided in your account.

9. LIABILITY

You will be liable to us for any loss or damage suffered by us as a result of any breach of these General Terms and Conditions, any subsequent agreement or any access to and / or use of the AFFIZY Network Application which is unlawful.

By using the AFFIZY Network application and at the beginning of each Collaboration, the Influencer declares and warrants that he is the sole owner of all Intellectual Property Rights in the Works and is solely responsible for Collaborations concluded with a Brand. subject to subsequent limitations and exclusions set forth in other application documents, we will only indemnify you for damages caused by any intentional breach by us of these General Terms and Conditions.

For the avoidance of doubt, we will not be liable for any loss incurred by you in the event of any breach of our obligations and duties as set out in these General Terms & Conditions. We will not be liable for any errors or inaccuracies in the information you provide to us in our Account. We will not be liable to you for any loss, damage, cost or expense, indirect, related or unforeseen loss or damage, loss of profit or loss of business.

10. MAJOR FORCE

A Party shall not violate these General Terms and Conditions and shall not be liable or liable in any way for any loss or damage suffered as a result of any case of force majeure, as provided by law governing these General Terms and Conditions.

11. TERMINATION

We may revoke your access to the AFFIZY Network application by means of an immediate notice of cancellation, sent to your email address, without any other judicial or extrajudicial formality, if DPIXEL AGENCY 28 considers that you are abusing the AFFIZY Network application in any way. , that you have made fraudulent or incorrect statements and / or that you have violated these General Terms and Conditions, the Publication Guide, or any subsequent agreement we have entered into.

Furthermore, we may revoke your access to the AFFIZY Network application and stop providing services through the AFFIZY Network application by a simple notice with immediate effect to your email address, without any other legal or extrajudicial formality, if:

* is required by law or by decision of an authority or because DPIXEL AGENCY 28 SRL ceases to provide access to the AFFIZY Network Application for any reason;

or

* DPIXEL AGENCY 28 considers that providing access to the AFFIZY Network Application is no longer commercially viable.

12. ASSIGNMENT

We may assign our rights and / or obligations under these General Terms and Conditions without your prior consent to a credible similar service provider.

13. WITHOUT PARTNERSHIP OR REPRESENTATION

These General Terms and Conditions will not be construed to create a partnership or joint venture between us and you.

14. WITHOUT WAIVER

If either you or we are unable to exercise any right or remedy contained in these General Terms and Conditions, this does not mean that you or we have waived that right or remedy.

15. DIVISIBILITY

If a provision of these General Terms and Conditions is deemed judicially invalid, illegal or unenforceable, the validity, legality and applicability of its other provisions will not be affected or hindered in any way.

16. APPLICABLE LAW AND DISPUTES

These General Terms and Conditions and the relationship between you and us created by them will be governed by and construed in accordance with the laws of Romania, without regard to its rules of conflict rules.

Any dispute in connection with these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts at the headquarters of DPIXEL AGENCY 28 SRL.