Terms of Service

1. These Terms, and who you are contracting with

These Terms of Service (the "Terms") form a binding agreement between you (the "Operator", "you") and the independent sole trader who operates the Dropwire service (the"Service Provider", "we", "us"). Dropwire is a trading name. The Service Provider is not incorporated; there is no separate company, and no limited liability entity is asserted or implied by these Terms.

By creating an account, accessing the Service, or clicking to accept these Terms, you agree to them. If you do not agree, do not use the Service. If you accept on behalf of an organisation, you represent that you have authority to bind that organisation, and "you" means that organisation.

These Terms incorporate by reference thePrivacy Policyand, where a data processing agreement is executed, that agreement.

2. Eligibility: business users only

The Service is offered exclusively to persons acting in a business capacity. You represent and warrant that you are at least 18 years of age and that you are entering into these Termsfor purposes relating to your trade, business, craft or profession, and not as a consumer.

This restriction is material. The allocation of risk in sections 9, 19 and 20 is priced and drafted on the basis that both parties are acting commercially. If you are not eligible under this section, you must not create an account.

Nothing in these Terms is intended to exclude or limit any right or remedy that cannot lawfully be excluded or limited, and if any mandatory consumer protection law applies to you notwithstanding this section, the affected provisions apply only to the extent permitted by that law.

3. What the Service is, and what it is not

Dropwire is software that discovers affiliate product offers from third-party marketplaces, scores them, composes posts, and publishes those posts to messaging channels that you own and connect. You supply your own affiliate programme account, your own channels, and your own audience.

The Service is a tool operated under your direction. We do not select your audience, we do not endorse any product, we are not a party to any transaction between a member of your audience and a marketplace or merchant, and we do not act as your agent. Every post published through the Service is your publication, made on your instruction, and you are responsible for it.

We are not an advertising network, a payment service, an affiliate network, or a marketing agency, and nothing in the Service constitutes legal, tax, financial or marketing advice.

4. Your account and credentials

You are responsible for all activity under your account, for the accuracy of the information you provide, and for keeping it current. You must keep your credentials confidential, use the authentication controls we make available, and notify us promptly at hello@dropwire.ccif you suspect unauthorised access.

You may invite additional users to your workspace. You remain responsible for what they do, for removing their access when it should end, and for ensuring they are eligible under section 2.

5. Plans, billing, trials and refunds

Paid plans are sold and billed throughour payment provider, acting as Merchant of Record. That provider is the seller of record for tax purposes, processes your payment, and holds your payment card details. We never receive or store card data. Your purchase is additionally subject to that provider's own terms. The provider is named at checkout.

Subscriptions renew automatically for successive periods at the then-current price until cancelled. You may cancel at any time from within the Service; cancellation takes effect at the end of the current paid period, and access continues until then.

14-day refund. If you are dissatisfied, you may request a full refund of your first payment within 14 days of that payment by writing tohello@dropwire.cc. No reason is required. Refunds are processed by that provider and returned to the original payment method. Renewal payments after the first are not refundable except where required by law.

Where a free trial is offered, its length and conditions are stated at checkout. We may require a valid payment method to begin a trial, and the plan converts to paid at the end of the trial unless cancelled first. Trials are offered once per person and per payment instrument; we may refuse or revoke a trial obtained by circumventing that limit.

Prices may change. We will give notice before a change affects a renewal, and you may cancel before it takes effect. Taxes are handled by the Merchant of Record.

6. Your responsibilities as Operator

You are solely responsible for:

• the lawfulness, accuracy and suitability of everything published through your account;
• your compliance with the terms of every third-party platform you connect, including the affiliate programme whose links you distribute and the messaging platforms you post to;
• obtaining and maintaining any consent your audience is legally required to give before receiving your messages (see section 8);
• making any advertising or affiliate disclosure the law requires of you (see section 7);
• your own tax obligations arising from affiliate income;
• the phone numbers, bot tokens, API keys and channels you connect, and your authority to use them.

7. Affiliate disclosure

Posts published through the Service contain affiliate tracking links from which you may earn a commission. In many jurisdictions this creates a legal duty to disclose that material connection to your audience clearly and conspicuously, including under the United States Federal Trade Commission's endorsement guidance, the EU Unfair Commercial Practices Directive, and comparable rules elsewhere.

That duty is yours, not ours. The Service may offer features to help you include a disclosure, but we do not determine whether your disclosure is adequate in your jurisdiction or for your audience, and the availability, wording, placement or absence of any such feature does not discharge your obligation.

You are responsible for ensuring that every post you publish carries whatever disclosure the law applicable to you and your audience requires.

8. Unsolicited messaging and audience consent

The Service sends commercial messages to recipients at volume. Most jurisdictions regulate this. In Israel, section 30A of the Communications (Telecommunications and Broadcasting) Law, 1982 prohibits sending commercial messages without the recipient's prior express consent and carries statutory damages per message. The EU ePrivacy Directive and GDPR, the UK Privacy and Electronic Communications Regulations, the United States CAN-SPAM Act and the Canadian Anti-Spam Legislation impose comparable requirements.

You warrant that every recipient of a message sent through your account has given whatever consent is required, that you maintain records capable of proving it, and that you honour opt-out requests promptly. You must not use the Service to message purchased, scraped, harvested or otherwise non-consenting lists.

We may impose rate limits, cooling-off periods and sending caps, and may reduce them at any time. These are protective measures for the platform and are not a representation that sending within them is lawful for you.

10. Automatically generated content and product data

The Service uses automated systems, including machine learning models operated by third parties, to generate captions, translations, summaries and scores, and it copies product titles, images, prices and discount figures from third-party marketplaces.

This material may be inaccurate, out of date, misleading or unlawful in your market. Marketplace prices and stock change without notice, a discount shown at composition time may no longer exist at delivery time, and generated text may contain claims that are wrong or that you are not permitted to make. Product images and titles may be subject to third-party rights.

You are responsible for reviewing what you publish. Approval controls and preview features are provided for that purpose; using an automated posting mode does not transfer responsibility for the output to us.

11. No earnings or performance claims

We make no representation, warranty or guarantee about revenue, commission, conversion rate, click volume, audience growth, message deliverability or any other commercial outcome. Any figure shown in marketing material, documentation or the product interface is illustrative or historical and is not a projection. Affiliate income depends on factors outside our control, including marketplace commission rates, cookie windows, attribution decisions made by the marketplace, and the behaviour of your audience.

12. Acceptable use

You must not, and must not permit any person to:

• publish unlawful, infringing, deceptive, defamatory, obscene or harmful content;
• send messages to recipients who have not consented, or ignore an opt-out;
• impersonate any person, or misrepresent an affiliation or endorsement;
• promote products whose sale or advertisement is restricted where your audience is located, including medicines, supplements making health claims, weapons, tobacco, alcohol, gambling, financial products and counterfeit goods;
• probe, scan, overload, reverse engineer or attempt to circumvent any security control, rate limit, entitlement gate or access restriction in the Service;
• access another workspace's data, attempt to escalate privileges, or use credentials that are not yours;
• resell, sublicense, white-label or provide the Service to third parties except under a separate written arrangement with us;
• use the Service to build a competing product, or to train a machine learning model.

We may investigate suspected breaches and may suspend access immediately where we reasonably believe a breach presents a risk to the platform, to other Operators, or to us.

13. Third-party services

The Service interoperates with third parties including marketplaces, messaging platforms, identity providers, payment providers, content delivery and hosting providers, and machine learning providers. Those services are not ours. We do not control them and are not responsible for their availability, accuracy, pricing, terms, or for any change they make.

A third party may change, restrict, deprecate or withdraw its interface at any time, and doing so may reduce or remove functionality of the Service without notice. That is not a breach of these Terms.

14. Availability, changes, and simulated sends

We aim to keep the Service available but do not commit to any uptime level. We may modify, suspend or discontinue any feature at any time. We perform maintenance, some of it without notice.

Simulated sends. Where a channel is not configured, is disabled, or is paused, the Service may record a post as simulated rather than transmitting it. A simulated post appears in your history marked as such and is excluded from delivery reporting. You should not rely on the presence of a history record alone as evidence that a message reached a recipient.

15. Intellectual property

The Service, its software, interfaces, and all associated intellectual property remain ours or our licensors'. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use the Service during your subscription for your own business purposes.

You retain all rights in the content you supply. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, transmit and publish that content solely to the extent necessary to operate the Service for you, including composing and delivering it to the channels you nominate. That licence ends when the content is deleted, except for copies retained in backups until they expire in the ordinary course.

Feedback you give us may be used without restriction or obligation.

16. Data protection

Our handling of personal data is described in thePrivacy Policy.

In respect of personal data relating to your audience, you are the controller and we act as processor on your documented instructions. You warrant that you have a lawful basis for that processing and for its disclosure to us. Where required, the parties will enter into a data processing agreement, which prevails over these Terms to the extent of any conflict on that subject.

17. Disclaimers

To the maximum extent permitted by law, the Service is provided"AS IS" and "AS AVAILABLE", and we disclaim all warranties, conditions and representations of any kind, whether express, implied or statutory, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, or quiet enjoyment.

Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, timely, secure or error free; that any message will be delivered; that any connected third-party account will remain active; that any data supplied by a marketplace is accurate or current; or that any commercial result will be achieved.

18. Limitation of liability

To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, nor for any loss of profit, revenue, business, anticipated saving, goodwill, audience, data, or for the cost of substitute services, in each case however arising and whether or not we were advised of the possibility.

Our total aggregate liability arising out of or in connection with these Terms and the Service, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the total amounts actually paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.

For the avoidance of doubt, that cap applies to claims arising from the WhatsApp channel described in section 9, including the loss of a phone number.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited.

19. Indemnity

You will defend, indemnify and hold us harmless from and against any claim, demand, proceeding, loss, liability, damage, fine, penalty, cost or expense (including reasonable legal fees) arising out of or connected with: your content and the posts you publish; your use of the WhatsApp channel; your affiliate activity and any disclosure you failed to make; any message sent without a required consent; your breach of these Terms or of any third-party terms; and your violation of any law or of any right of a third party.

20. Suspension and termination

You may stop using the Service and cancel at any time. We may suspend or terminate your access, with notice where practicable and immediately where not, if you breach these Terms, if your use presents a legal, security or reputational risk, if a third-party platform requires it, or if payment fails and is not cured.

On termination your right to use the Service ends immediately. Your data is handled as described in the Privacy Policy, including a grace period before erasure during which you may export it. Sections which by their nature should survive termination do so, including sections 6 to 11 and 15 to 21.

21. Changes to these Terms

We may amend these Terms. Where a change is material we will give reasonable notice by email or in the product before it takes effect. Continued use after the effective date constitutes acceptance. If you do not accept a change, your remedy is to stop using the Service and cancel before it takes effect.

22. Governing law and jurisdiction

These Terms and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims) are governed by the laws of the State of Israel, without regard to its conflict of laws rules. The competent courts of Tel Aviv-Yafo shall have exclusive jurisdiction, and each party submits to that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

23. General

• Entire agreement. These Terms, the Privacy Policy and any data processing agreement are the entire agreement between us on their subject matter and supersede prior discussions.
• Severability. If a provision is held unenforceable it shall be modified to the least extent necessary, and the remainder continues in force.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our written consent. We may assign them on a transfer of the business.
• Force majeure. Neither party is liable for failure to perform due to causes beyond its reasonable control, excluding payment obligations.
• Notices. We may give notice by email to the address on your account or by posting in the product. You give notice to us at the address in section 24.
• Independent contractors. Nothing creates a partnership, joint venture, employment or agency relationship.

24. Contact

Questions, refund requests and legal notices:hello@dropwire.cc.