Throughout the site, the terms “we”, “us” and “our” refer to ShoutOut. ShoutOut offers this website and application, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or using our application, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, affiliates, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website and/or application. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - GENERAL TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
ShoutOut must be used solely for the purpose of affiliate marketing. Use of the solution for purposes other than the main function of referring business to your ecommerce store by affiliates will cause termination of your account.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - THIRD-PARTY LINKS
Third-party links on this site may direct you to third-party websites, and we take no responsibility for examining or evaluating the content or accuracy of these websites. We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, or services of third-parties.
We are not liable for any harm or damages related to the use of services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party services should be directed to the third-party.
SECTION 6 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 7 - PERSONAL INFORMATION
SECTION 8 - FAIR USE POLICY
ShoutOut requires all customers to use the solution within acceptable limits to ensure network congestion, email services, file and record management do not disrupt other users. Where a particular clients actions (or third parties identified to be related to the client) are causing significant issues to the overall service we reserve the right to suspend or remove the account immediately.
Our fair use policy allows for up to 30 referrals to be to be recorded on our free Start-Up plan, and up to 25,000 referrals per year on our Essentials, Growth and Pro paid plans. Merchants exceeding our paid plan allowance are required to upgrade to our Enterprise level solutions that best match their store's activity and requirements.
With regard to fair use of ShoutOut's email server, up to 5000 affiliate's may be contacted as part of ShoutOut's included monthly fee. As ShoutOut provides a flat fee cost structure, clients needing emailing capacity to contact a larger number of affiliates are required to use a dedicated emailing solution. We recommend MailChimp or Klaviyo. These may be connected to ShoutOut directly via ShoutOut's API, or alternatively affiliate email lists may be exported from ShoutOut as, and when required. Clients failing to adhere to warnings for over use of ShoutOut's email server may result in termination of their account.
SECTION 9 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 10 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service delivered to you is (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of quality, fitness for a particular purpose, title, and non-infringement.
In no case shall ShoutOut, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 11 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless ShoutOut and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 12 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our App.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 14 - FREE PLAN, PAID PLANS, PAYMENTS, REFUNDS & CANCELLATIONS
ShoutOut's Start-Up plan is free to use and provides for a fully operational affiliate marketing application. The Start-Up (free) plan allows for up to 30 referred orders to be processed by ShoutOut over an indefinite period. After 30 orders have been referred, we will notify you by email and you are required to upgrade to a paid plan of your choice within 7 days, to avoid termination of your account. ShoutOut has three paid plans that provide additional benefits. Please see our pricing page for more information. If you upgrade to a paid plan, you will be provided 7 days free after first converting to a paid plan, then you will be billed each 30 days for continuation of the service for the plan chosen. Once upgraded to a paid plan, downgrading back to the free Start-Up plan is not possible.
ShoutOut is provided on an as-needed basis, with no lock in contracts. You may cancel at anytime by simply clicking on the Uninstall menu link within ShoutOut and following the instructions provided. Please be aware, cancelling the service by deleting the App, uninstalling the plugin, or requesting cancellation of your service will also remove all your data from our servers.
For Shopify merchants, ShoutOut application charges will be added to your Shopify monthly invoice. All billing and payments are controlled by Shopify (not ShoutOut), and all enquiries should be directed to Shopify support. No refunds are provided if you change your mind, do not use the application, suspend or cease operating your store and/or affiliate program. If you no longer wish to be charged for use of the application, simply uninstall the application or plugin. For Shopify merchants, due to Shopify's billing cycle, if you do uninstall the application you may still be billed for any previous time the application was used prior to the next invoice being generated, then no further charges will apply.
For merchants using the WordPress platform who wish to cancel their service, deactivating or uninstalling the ShoutOut plugin will cancel your subscription and suspend your account immediately. No further charges will apply.
For merchants using the Squarespace platform, to cancel your subscription and delete your account, simply click on the Uninstall link within ShoutOut.
SECTION 15 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 17 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us using our normal contact page.