Boost.space Partner Campaign Terms and Conditions

Effective date: October 15, 2024

Boost.space s.r.o., with its registered seat at Ohradní 1443/24b, 140 00 Prague 4, Czech Republic, Company reg. no. 05399521, recorded in the Commercial Register kept by the Municipal Court of Prague, File No.: C 263053 (“we” or “Boost.space”) thanks you (“you” or the “Partners”) for using our Platform Boost.space (the “Platform”). These terms and conditions (the “Boost.space Partner Campaign Terms and Conditions”) shall govern your rights and obligations in relation to your participation in the Referral Campaign and Marketplace Campaign in addition to our general terms and conditions (the “General Terms”).

Terms starting with a capital letter used in these Partner Campaign Terms have the meaning defined either here or in the General Terms. Provisions of the General Terms regarding liability, indemnity, governing law and choice of jurisdiction are incorporated herein by reference.

JOINING THE PARTNER CAMPAIGN

1. Joining the Partner Campaign

  1. You may join the Partner Campaign for both Referral and Marketplace Campaigns by creating an account on Boost.space’s FirstPromoter portal (“FirstPromoter“). By ticking the box “I agree to the Boost.space Partner Campaign terms“, you confirm that you are over 18 years old and agree to adhere to these Boost.space Partner Campaign Terms and Conditions, in addition to the General Terms. If you act on behalf of a company when accepting these Campaign Terms, you also hereby declare to be authorized to perform such legal actions on behalf of the company (herein the term “you” shall mean the relevant company).

2. REFERRAL CAMPAIGN

2.1. Boost.space’s obligations

  • 2.1.1.  Upon joining the Referral Campaign, Boost.space will make available to you your unique referral link (the “Referral Link“) and promotional materials, which you may use in promoting Boost.space’s services and platform.
  • 2.1.2.  Boost.space shall pay to the Referral Partner a commission (the “Commission“) for referred users’ use of the Platform according to the provisions below.

2.2. Referred Customers

  • 2.2.1.  “Referred Customer” is a natural person or a company who subscribed to Boost.space’s Platform using the Referral Link in compliance with these Referral Campaign Terms.
  • 2.2.2.  Tracking of the potential Referred Customer is performed by cookies lasting 60 days. If the cookies expire or are deleted, a customer may not be recognised as a Referred Customer.
  • 2.2.3.  If the Referral Partner identifies any customer that, in their opinion, shall be considered Referred Customer but has not been recognised by the tracking, the Referral Partner may report this information to Boost.space together with sufficient evidence. Boost.space shall in its discretion in good faith consider the Referral Partner’s report and evidence, and decide whether or not such a customer shall be deemed Referred Customer.
  • 2.2.4. In case of any uncertain or suspicious circumstances, Boost.space shall have the right to ultimately decide whether a customer is to be deemed Referred Customer or not, in its sole discretion.

2.3. Comissions

  • 2.3.1.  Unless otherwise agreed, the Commission will be calculated as 15% of all payments made by each Referred Customer to Boost.space from the date the Referred Customer begins paying for the Services (as defined in the General Terms). These payments may be subject to future caps, such as being limited to a specific number of months or specific monthly billings.
  • 2.3.2.  Commissions from Referral and Marketplace Campaigns are cumulative and may increase based on current marketing campaigns.
  • 2.3.3.  Different commission conditions may apply if you are also an Appflow author. For commission arising from Appflow Creator, Appflow usage and user registration and payment, please see our Boost.space Marketplace Campaign below.

2.4. Payment terms

  • 2.4.1.  Boost.space shall pay the earned Commission to the Referral Partner monthly, within 10 business days after the end of each calendar month, based on an invoice that shall be issued to Boost.space. The minimum Commission payable is 49 USD. Commission in any given calendar month lower than 49 USD will be rolled over to the following month.
  • 2.4.2.  The Commission will be paid via PayPal.
  • 2.4.3.  Invoices are generated automatically through FirstPromoter by Boost.space. The Referral Partner shall provide and maintain up-to- date information required for this purpose in the portal. Boost.space may request that the Referral Partner issues an invoice using a different method, if the method through FirstPromoter portal is not available (e.g. due to missing Referral Partner’s personal information). Boost.space shall not be obliged to pay any Commission until a valid invoice has been issued or generated.
  • 2.4.4.  Referral acknowledges and agrees that Boost.space makes no representation or guarantee of any kind regarding revenue, business, profit, or customers under these Referral Campaign Terms.
  • 2.4.5.  In case any suspicions arise regarding the legitimacy of any user’s payment (e.g., suspicions of a fraudulent payment), before we pay you the remuneration for such user’s payment, we shall have the right, but not the obligation, to withhold the remuneration for such user’s payment for a period necessary for us to investigate any suspicious activity related to it. You agree to provide us and/or any authorized third party (e.g., PayPal) with all reasonably requested cooperation.
  • 2.4.6.  If any fraudulent or otherwise non-compliant activity is identified regarding a user’s account or payments, we may ban the user from using the Platform. If we ban such a user, we shall not be obligated to pay you any remuneration resulting from such fraudulent user’s payments. In case such activities are identified after we already paid you the remuneration for such user’s payment, you shall be obligated, at our written request, to refund the corresponding part of the remuneration.
  • 2.4.7.  If a payment of remuneration is withheld in accordance with these Terms, you shall not be entitled to any interest or additional payments.
  • 2.4.8.  You agree that payment will be made to you only after the expiration of the satisfaction money-back guarantee period provided by us to our customers, which may vary in length but shall not exceed 90 days.

2.5. Referral Partner’s obligations

  • 2.5.1. The Referral Partner must not promote Boost.space or use its Referral Link in any of the following ways:
    • 2.5.1.1. in any materials or in connection with any services that are illegal, infringing on third party rights, fraudulent, harassing, defamatory, discriminatory or violent;
    • 2.5.1.2. use any paid advertisements and/or advertise via any pay-per-click advertisement systems (e.g., Google Ads, Facebook Ads or LinkedIn Ads);
    • 2.5.1.3. bid on the “Boost.space” keyword for any pay-per- click advertisement systems (e.g., Google Ads), including any misspellings, capitalizations or in combination with any other text;
    • 2.5.1.4. for self-referral, i.e., its own or its friends, Referrals, related persons or business partners sign-ups to the Platform;
    • 2.5.1.5. in any content that’s available on the Platform, Website or any other assets owned, operated or maintained by Boost.space; or
    • 2.5.1.6. for any illegal activity, including, without limitation, fraud or money laundering.
  • 2.5.2.  For avoidance of doubt, the Referral Partner shall not be an agent of Boost.space. Nothing in these Referral Campaign Terms shall be construed as authorization to act or make representations on behalf of Boost.space.
  • 2.5.3.  Any customer referred in breach of this clause 2.5.1 shall not be considered a Referred Customer.

2.6. License

  • 2.6.1.  Boost.space hereby grants to the Referral Partner a limited, worldwide, revocable, non-exclusive, non-sublicensable and non- transferable license to use Boost.space’s trademark, logo, trade name, service names and copyrighted material (the “Intellectual Property Assets“) in its marketing, advertising or other content while promoting Boost.space services in accordance with this Referral Campaign Terms.
  • 2.6.2.  The Referral Partner shall not alter, modify, adapt, translate, or create derivative works from the whole or any part of the Intellectual Property Assets or permit any part of the Intellectual Property Assets to be merged, combined with, or otherwise incorporated into any other product, unless the Referral Partner obtained prior written consent from Boost.space. The Referral Partner shall not use any language or display the Intellectual Property Assets in such a way as to create the impression that the Intellectual Property Assets belong to the Referral Partner.
  • 2.6.3.  The Referral Partner shall not attack, question, or contest the validity of Boost.space’s ownership of Intellectual Property Assets.
  • 2.6.4.  If any infringement of any Intellectual Property Assets comes to the Referral Partner’s attention, whether actual or threatened, the Referral Partner agrees to inform Boost.space as soon as possible. The Referral Partner also agrees to notify us of any claim by anyone that our products infringe the rights of any other person. The Referral Partner shall, at our request and expense, provide its cooperation to Boost.space in doing any reasonably required steps to address such claims.
  • 2.6.5.  Boost.space reserves all rights not expressly granted in this Agreement, and does not transfer any right, title, or interest to any intellectual property rights.

2.7. Termination

  • 2.7.1.  The Referral Partner may terminate its participation in the Referral Campaign at any time and for any reason by providing Boost.space a written notice. Commission earned during that calendar month when the Referral ceased to be part of the Referral Campaign will be paid out in the usual term after the end of that calendar month.
  • 2.7.2.  Boost.space may terminate the Referral Partner’s participation in the Referral Campaign with immediate effect if the Referral Partner breaches any provision of these Referral Campaign Terms or any other terms agreed between the Referral Partner and Boost.space. All commissions shall be forfeited and the Referral Partner will not be entitled to any reimbursement.
  • 2.7.3.  Boost.space may terminate the Referral Partner’s participation in the Referral Campaign at any time and for any reason by providing the Referral Partner with at least a fifteen (15) days written notice. Commission earned during that calendar month when the Referral Partner ceased to be a part of the Referral Campaign will be paid out in the usual term after the end of that calendar month.
  • 2.7.4. These Referral Campaign Terms shall terminate together with the termination of the Referral Partner’s participation in the Referral Campaign.

3. MARKETPLACE CAMPAIGN
3.1. Marketplace Listing – Your Profile

  • 3.1.1.  The Marketplace Caimpaign listing recognizes two types of partners “Creators” (partners who develop Appflows as described below) and “Experts” (Partners recognized by Boost.space as Boost.space Experts listed on the Boost.space Marketplace, offering their services connected to Boost.space Platform set up and customization).
  • 3.1.2.  You agree to be listed as a Creator or Expert on our website. You are responsible for keeping your profile true and updated. To register, submit the initial form HERE. Upon submission, we will review your profile and if deemed eligible, register you as an Appflow Creator or Boost.space Expert within 5 to 15 business days and publish your profile on Boost.space Marketplace website.
  • 3.1.3.  If you wish to be delisted from the Marketplace, please contact [email protected]. By delisting your profile, you agree that:
    • 3.1.3.1. Your profile, along with any Appflows, services, and content associated with your role as a Creator or Expert, will be removed from the Boost.space Marketplace within 10 business days of receiving your delisting request.
    • 3.1.3.2. Users who previously accessed or purchased your Appflows will retain access and usage rights under the terms effective at the time of purchase.
    • 3.1.3.3. Boost.space reserves the right to retain your profile, Appflow data, and related documentation solely for internal record-keeping, legal compliance, or quality assurance purposes.
    • 3.1.3.4. Boost.space may consider reinstating your profile upon request, provided that all eligibility criteria are met at the time of the new application.

3.2. Publishing your Appflow

Your profile, along with any Appflows, services, and content associated with your role as a Creator or Expert, will be removed from the Boost.space Marketplace within 10 business days of receiving your delisting request.

Users who previously accessed or purchased your Appflows will retain access and usage rights under the terms effective at the time of purchase.

Boost.space reserves the right to retain your profile, Appflow data, and related documentation solely for internal record-keeping, legal compliance, or quality assurance purposes.

Boost.space may consider reinstating your profile upon request, provided that all eligibility criteria are met at the time of the new application.

  • 3.2.1.  Appflows (i.e., the serverless cloud programs running on the Platform as defined in the General Terms) can be either private or public. Public Appflows are shown in Boost.space Marketplace and can be run by anyone. Private Appflows can only be accessed and started by their owner. If you decide to make your Appflow public, the following rules apply.
  • 3.2.2.  Before creating and publishing your Appflow, you must first become a registered Appflow Creator on our Marketplace.
  • 3.2.3.  Once registered as Appflow Creator, you will receive the Appflow Creator Toolkit at the partner price, which will enable you to submit your appflow for review and listin under your Creator profile.
  • 3.3.  Appflow name, description and price
    • 3.3.1.  Each Appflow has its own unique name. When you publish an Appflow, you agree to assign to it a relevant, non-deceiving name.
    • 3.3.2.  When publishing your Appflow, you agree to create, publish and maintain an up-to-date, pertinent description, documentation or other sources of information, allowing Boost.space users to use the Appflow.
    • 3.3.3.  The Appflow, its name, price, description and other information connected to the Appflow published in Boost.space Marketplace can be changed at any time in the future. However, changes to the Appflow’s price are limited to a maximum of one change per month.
  • 3.4.  We encourage healthy competition. Creating an Appflow that offers similar functionality or outcome as another Appflow is permitted. However, you must avoid simply copying another’s Appflow and claiming it as yours.
  • 3.5.  We reserve the right to immediately unpublish and/or delete any Appflow that, in our sole discretion, infringes on any rights of other Boost.space users and/or third parties, including, but not limited to, copyright infringement caused by copying content of other Boost.space users, such as their Appflows’ readmes, descriptions or parts thereof. The same applies if users of this Appflow violate the General Terms and Conditions, even if Appflow itself does not engage in such violations.
  • 3.6.  Prohibited activities
    • 3.6.1.  You may create and publish an Appflow of any kind. However, to maintain a safe, legal and respectful environment on the Platform, we are asking you to avoid content and activities that are prohibited by any terms agreed between both parties and the Acceptable Use Policy (the “Prohibited Activities”).
    • 3.6.2.  While we are not obliged to monitor the content of all Appflows, if we find out that your Appflow:
      • 3.6.2.1. contains any content falling under the Prohibited Activities;
      • 3.6.2.2. has been created (at least in part) by performing the Prohibited Activities; or
      • 3.6.2.3. the Appflow itself performs any of the Prohibited Activities;
      • 3.6.2.4.the users of the Appflow engage in such Prohibited Activities using the Appflow.

3.6.3. On Boost.space Marketplace, you are not allowed to directly or indirectly offer, link to, or otherwise promote any product or service

outside of the Platform unless we explicitly agree to it in writing. If you violate this prohibition in your Appflows (including its accessories, e.g., the “read me” section of the Appflow page on the Platform) or in any other content you publish on Boost.space Marketplace, we are entitled to unpublish, modify, and/or delete such Appflow and its accessories or content, in our sole discretion.

3.7. Boost.space’s right to intervene

3.7.1. Without limitation to clause 3.6 above, we reserve the right to delete, unpublish, restrict or modify any unlawful, offensive, harmful or misleading content or public information in Boost.space Marketplace or any Appflow as we may see fit to protect legitimate interests of Boost.space, its users, or any third parties.

  • 3.8.  Licenses
    • 3.8.1.  You grant Boost.space a perpetual, worldwide, non-exclusive, royalty-free license to use, distribute, display, and make available the Appflow on the Boost.space Marketplace. This license includes the right for Boost.space to promote and monetize the Appflow by making it available for purchase or subscription by end-users. In exchange, you have the opportunity to publish the Appflow on the Boost.space marketplace and earn revenue up to 50 % according to these terms.
    • 3.8.2.  Upon the delisting or removal of the Appflow or your Profile from the Marketplace, the license granted to Boost.space remains in effect for any end-users who have already acquired or are actively using the Appflow. End-users retain the right to continue using the Appflow as originally intended, without interruption or restriction.
    • 3.8.3.  Boost.space cannot guarantee that users who have not purchased the Appflow will not independently replicate similar workflows or procedures on the Boost.space platform. The platform’s open nature allows users to configure and connect tools on their own, which may result in workflows similar to those created by the Appflow. Boost.space bears no responsibility for such independent actions by users.
  • 3.9.  Privacy of the code

3.9.1. By publishing your Appflow on Boost.space Marketplace you are allowing us to view the source code (created template) of that Appflow. We may inspect it before publishing to ensure the Appflow is working.

3.10. Maintenance of the Appflow

3.10.1. By publishing your Appflow you agree to use your best effort to maintain it in working condition and make updates to it from time to time as needed, in order to maintain a continuing functionality.

3.11. Testing

3.11.1. We may be performing regular or irregular testing of the functionality and performance of all Appflows published in Boost.space

Marketplace. Failing the test may lead to the consequences described in clause 3.12 below.

3.12. Faulty Appflow

3.12.1. If your Appflow does not provide the declared functionality (a “Faulty Appflow”), we are authorized to mark that Faulty Appflow as “under maintenance” in Boost.space Marketplace. If you do not update or make changes to the Faulty Appflow to recover its functionality and the Appflow remains a Faulty Appflow for the period of 30 days or more, we are authorized to mark that Faulty Appflow as “deprecated” and/or remove that Faulty Appflow from Boost.space Marketplace. You will not be reimbursed for the removal of the Faulty Appflow or compensated for the Faulty Appflow subcription by the end users.

  • 3.13.  Notified issues with an Appflow
    • 3.13.1.  Platform users have the option to report an issue with an Appflow. The issue is then notified by email to the author of that Appflow. Should you receive such a notification email about an issue with your Appflow, you agree to address the issue by either fixing the issue, updating the Appflow, its description or other information, or by contacting us with an explanation as soon as possible, however, no later than within 14 days. If you do not address the notified issue in accordance with this clause, we are authorized to declare your Appflow a Faulty Appflow.
    • 3.13.2.  In addition to addressing the issues according to clause 3.13.1, you agree to respond to us, should we contact you regarding your Appflow via email marked “urgent” in its subject, within three business days.
    • 3.13.3.  We reserve the right to take over a Faulty Appflow under our own account if you, as the author, fail to respond or repair the issue with your Appflow. In such a case, you are not entitled to any compensation, and the right to receive payouts from the use of the Appflow ceases. However, Boost.space will always make an effort to contact you first and attempt to resolve the issue before taking any further steps.
  • 3.14.  Pricing options
    • 3.14.1.  When We decide to set your Appflow as monetized after its submission, you agree that each user of your Appflow will pay a fee to unlock the Appflow. You will set the price as X USD per Appflow unlocking, the minimum price is 20 USD and it is up to the sole discretion of us to provide a discount on this fee.
    • 3.14.2.  If your Appflow is set by us as monetized, you will be entitled to receive remuneration of 35% of the Applow Fee. You acknowledge that the remaining portion of the users’ fees paid for the Appflow shall belong to us.
    • 3.14.3.  You acknowledge that the amount of fees paid by the users and the costs can change throughout the month thanks to unpaid invoices or refunds, and that any information about future or past profits or remuneration available in the Platform UI are only estimates. Boost.space shall not be liable for the outcomes of any actions made based on those estimates.

3.14.4. Boost.space users that already have any type of Boost.space subscription before buying the Appflow do not count towards the renumeration.

  • 3.15.  Payment terms
    • 3.15.1.  You are responsible for filling in your correct payment details in your user account and keeping them up-to-date to enable us to make payments to you.
    • 3.15.2.  Your entitlement to remuneration for an Appflow will cease for the time that the Appflow is a Faulty Appflow. If you fix or update the Faulty Appflow, and it becomes functional again as advertised, your entitlement to remuneration in relation to the Appflow will resume.
    • 3.15.3.  Unless both parties have agreed otherwise, your remuneration will be paid on the basis of an invoice that we will issue on your behalf. The invoice will be issued without an undue delay after the end of each calendar month. You may approve or dispute the invoice within 3 days of issuance. An invoice that’s neither accepted nor disputed within that period shall be deemed approved.
    • 3.15.4.  The minimum amount payable is USD 49 (the “Minimum payout“). Remuneration in any given month lower than the Minimum payout will be rolled over to the following month until the sum of approved invoices exceeds the Minimum payout. Attributes of an invoice such as due date do not override the Minimum payout rule.
  • 3.16.  We may, in our sole discretion, block, remove, deprecate, or otherwise restrict your Appflow from the Platform, if your Appflow contains, requires, or refers the users to any payment method, other than the Boost.space payment gateway. This includes, without limitation, any method that (i) directly or indirectly circumvents the system of remuneration according to these Terms; or (ii) poses a security risk to us, the Platform, the users, or any third party (e.g., by creating a false impression that the user pays any fees or other payments for the Appflow to Boost.space). We reserve the right to withhold any and all outstanding payments due to you for such Appflow until we determine whether the Appflow complies with these Boost.space Marketplace Publishing Terms.
  • 3.17.  In case any suspicions arise regarding the legitimacy of any user’s payment for your Appflow (e.g., suspicions of a fraudulent payment), before we pay you the remuneration for such user’s payment, we shall have the right, but not the obligation, to withhold the remuneration for such user’s payment for a period necessary for us to investigate any suspicious activity related to it. You agree to provide us and/or any authorized third party (e.g., PayPal) with all reasonably requested cooperation.
  • 3.18.  If any fraudulent or otherwise non-compliant activity is identified regarding a user’s account or payments, we may ban the user from using the Platform. If we ban such a user, we shall not be obligated to pay you any remuneration resulting from such fraudulent user’s payments. In case such activities are identified after we already paid you the remuneration for such user’s payment, you shall be obligated, at our written request, to refund the corresponding part of the remuneration.
  • 3.19.  If a payment of remuneration is withheld in accordance with these Terms, you shall not be entitled to any interest or additional payments.

3.20. You agree that payment will be made to you only after the expiration of the satisfaction money-back guarantee period provided by us to our customers, which may vary in length but shall not exceed 90 days.

4. OTHER GENERAL PROVISIONS

4.1. We may unilaterally amend the Boost.space Partner Campaign Terms and Conditions. We shall publish such an amendment at least 7 days in advance before its effectiveness. Should you disagree with such an amendment, you may unpublish all your Appflows from Marketplace or delete your Partner Campaign Account from FirstPromote until the effective date of the amendments. Otherwise, you will be deemed to agree with the announced amendments.

Version History

This is the history of Boost.space Partner Campaign Terms and Conditions. If you are a new user, the latest terms apply. If you are an existing user, see the table below to identify which terms and conditions were applicable to you at a given date.

Version Effective from Effective until

Latest (this document) October 15, 2024